Background

If you are British citizen, or have an Indefinite Leave to Remain in the UK, and wish to bring your partner or child/children who are not EU-nationals to the UK, then you usually need to meet the income threshold of £18,600.

General Background

The financial requirement of £18,600 generally must be met by anyone applying for entry clearance, leave to remain or indefinite leave to remain in the UK as the non-European Economic Area (non-EEA) national partner or dependent child of a person, who is either a British citizen or has Indefinite Leave to Remain in the UK. Please note that sometimes the financial requirement might be a bit higher if sponsoring a non-EU partner and child/children.

Since July 2012, when the current rules regarding UK spouse visas came in to effect, the number one issues that many face when sponsoring their family for a UK settlement visa have been relating to the Income Threshold. This issue has been hotly contested in court but calumniated with the UK Supreme court confirming that the new rules were legal, although it did suggest certain exceptional circumstances where alternative incomes source should be considered by the UK Home Office ( see here).

Generally under UK Immigration rules, if you have been living in the UK for 10 years continuously and lawfully, youcan apply for Indefinite Leave to Remain on the basis of your private life andlong residence in the UK.

As a UK immigration lawyer, I wish to highlight several key points that someone making an application for this visa should note; including that the key words for this visa are “lawful” and “continuous residence.”

After many years of practising UK Immigration Law and Human Rights there are some simple mistakes that I often see people making during the application process for a UK visa. I would like to highlight some very simple mistakes and hopefully may be able forewarn someone who is about to do the same. Below are five common mistakes, in no particular order, that applicants are repeatedly making: 

Further to our previous article Brexit Update – Permanent Residence or Settled Status for EU nationals in UK, and as the new scheme has now been fully implemented, we wish to provide you with some general information on the application process under the EU settlement scheme.

Deadline

If you are an EU or EEA national or their family member, and wish to remain in the UK after Brexit, you need to apply for Settled or Pre-Settled Status under the EU Settlement Scheme.

Under the European Community Association Agreement with Turkey, the “Ankara Agreement”, a Turkish national might extend his leave whilst already legally living and working in the UK.

Who is this visa for?

If you are a Turkish national living and working in the UK it might be good news for you, as there is the possibility to apply to extend your stay in the UK as a Turkish worker.

The new Access UK service has been rolled out in stages throughout 2016, went live initially in India and Turkey and was available to customers applying for visit visa routes.

Access UK has now been rolled out worldwide and should soon be available for all types of entry clearance visa applications.

UK visa and Immigration rules can sometimes be complex and it is  comparatively a very expensive process, therefore any mistake made by the applicant can have serious implications in terms of time, stress and finances. It is for this reason that one is best advised to use a qualified UK immigration lawyer when applying for a visa, which could potentially save them the hassle and cost of when things go wrong. This article is to highlight the process of trying to remedy things if a visa application is rejected.

As another year is coming to a close, we at Cross Border Legal Solcitors want to reach out and send our best wishes to you and your family. We hope that 2019 holds success and good fortune in all endeavours that you pursue. It has been a pleasure getting to know you and your families this year.

When to choose a 5-year route as a partner and when the 10-year route should be considered.

There are two routes to settlement on the basis of family life as a partner, provided by Appendix FM viz 5-year route and a 10-year route. The 5-year route as a partner will be appropriate for those who meet all the suitability and eligibility requirements of the Immigration Rules at every stage. The 10-year route as a partner applies in respect of applications for leave to remain as a partner who meets all the suitability requirements, but only certain eligibility requirements.

For those who have not noticed, on the 3^rd of November the UK Government introduced changes to the UK Immigration rules . These changes come into effect from the 24^th of November. This is due to affect those who are going to be making a UK Immigration visa application on or after the 24^th of November; these rules may affect you application. For those who have pending applications worry not, as these rules do not affect your application. Continue Reading →

Following from my earlier article on the Immigration Act 2016, it has now been confirmed that Section 63 of the Immigration Act 2016 will come into force on the 1^st of December 2016. The new law states that ALL immigration appeals will have to now be made from out of the country. There will be no in country appeals. Continue Reading →

For those who may have missed it (I would not blame you as this kicked in just a few weeks before the EU referendum in the UK), the government has passed yet another legislative Act of Parliament on Immigration in a bid to reduce immigration and especially come down hard on those in the UK without legal status. The Immigration Minister’s statement when the Immigration 2016 bill was introduced last year sets the tone of what the government hopes to achieve with the new immigration legislation. Immigration Minister James Brokenshire said:

“The message is clear — if you are here illegally, you shouldn’t be entitled to receive the everyday benefits and services available to hard-working UK families and people who have come to this country legitimately to contribute.

Whether it is working, renting a flat, having a bank account or driving a car, the new Immigration Bill will help us to take tougher action than ever before on those who flout the law.

This Bill will build on the government’s work since 2010 to crack down on abuse and build an immigration system that truly benefits Britain – by deterring illegal migrants from coming and making it harder for those already here to live and work in the UK.”

Continue Reading →

According to Part I, Chapter 18 of the British Nationality Act 1981, a person is entitled to naturalisation as British citizen if at the time of the consideration meets some requirements, such as being of good character. However, the Act itself does not provide with a definition of good character.

In absence of a statutory definition as to how this requirement should be interpreted or applied, it is the Secretary of State who should be satisfied that an applicant is of good character. In order for the Secretary of State to make an assessment on good character, Annex D of Chapter 18 of BNA contains a guidance with information on how to assess if the applicant is of good character. This guidance also applies to minors above the age of ten. Continue Reading →

Latest Immigration Rules changes:

Anyone who has been keeping an eye on UK immigration law will have now become accustomed to the regular Immigration Rules changes, which seem to always bear bad news for migrants.

The Immigration Rules are published by the Home Office. The last statement of change is from the New Immigration Rules Change, and is no exception to the general tradition. It brings some changes which mainly affect Tier 2 work permit holders. Continue Reading →

Immigration Health Surcharge

The Immigration Health Surcharge is one of the key reforms within the Immigration Act 2014 which both Human Rights Solicitors and migrants must get to grips with. In addition to a new higher fee that has just kicked in, an additional NHS Immigration Health Surcharge is payable as of the 6^th April 2015 by all non-EEA migrants coming to the UK for more than six months.

The UK Government has stated that the purpose of this surcharge is to ensure that non-EEA migrants contribute to the cost of the NHS. However, given the timing it could perhaps appear as an election stunt as some of the best immigration lawyers in the UK observe – the policy began a week after Parliament is expected to dissolve and during a national election campaign… Continue Reading →

Your Protected Right to Family Life

As many of you will know, everyone has the Right to Family, and these rights are protected under the EU Convention on Human Rights. However, and to the great discomfort of many couples,  as any UK Immigration Lawyer will tell you, Right to family is right is a qualified right, and does not necessarily give the couple the right to choose where they would exercise their right to family.

Ordinarily, a British citizen is allowed by law to sponsor their foreign spouse to come to the UK on a Spouse Visa. This type of application, as many of you have seen on  previous blog post here  has recently been severely restricted, with strict income requirements for the sponsoring spouse. In effect, this has resulted in thousands of couples being separated, as they do not meet the government requirements. Continue Reading →

So, most of you would have heard about the Court of Appeal hearing (MM & Ors v Secretary of State for the Home Department (2013)) which is challenging the Income Threshold requirements for the family visas. For those who haven’t, please see my previous posts here and here .

Lots of people celebrated the high court’s recommendations that, among other things, the Income Threshold should be reduced to around £13,000, that third party sponsorship should be allowed, and that special consideration should be taken for certain groups who could not relocate and exercise right to family in another country; e.g.. refugees. Continue Reading →

Most of you will have seen my previous post-EU Family Route: what is the Surinder Singh Route (see post here...). Some time has lapsed since then and I apologise for the delay in writing the second part of the post, which I hope to tackle here. For obvious reasons, this route has grown in popularity and as one can imagine, the Government does not like it.

The Current Position:

In a nutshell, this route currently allows UK citizens to LEGALLY circumvent the UK Immigration rules on spouse and family members from non-EU countries. The UK citizen may purposefully travel to another EU country, work for a few weeks and then return to the UK with his or her non-EU spouse. This route has become increasingly popular as one can avoid the stringent requirements of the spouse visa including the income threshold, which is out of the reach of many ordinary citizens. It also avoids the cost of the application, as this route is free, and the time granted under the EU laws on entry is normally longer; a 5-year residence card as opposed to the 2 and a half years on a spouse visa.

Continue Reading →