New UK Immigration Visa Fees for 2018 Announced

From the 6th of April 2018, major immigration fee increases are due to be introduced for those looking to visit or settle in the UK.The government has finally announced the fee increases on the Gov.UK website ahead of the change the home office fees 2018/19.

THE INCREASES

Although there are small increases across the board, at first glance, it doesn’t seem that there are many significant increases. Continue Reading →

Calculating Adequate Maintenance Requirement for Settlement Visa – Receiving Disability/ Carer Allowance

If you are applying to come to the UK on a Spouse Visa there are certain requirements that the government needs to be fulfilled. One of these is being able to adequately maintain yourself without relying on ‘public funds’ (this means benefits or the NHS etc.). So, if you are applying for a Spouse Visa you or your partner must meet the income threshold; this is currently £18,600 a year. If you are coming to the UK through EU law then this requirement does not apply to you.   Continue Reading →

MM (lebanon) & Others 2017 – New Rules Extending 10 years Route to cover a Spouse Abroad

Statement of changes to the Immigration Rules: HC290, 20 July 2017

After a long winded court battle that finally ended in the high court of Britain (see the article …here and here...), the outcry and sacrifices of thousands of families have finally yielded some results. Yesterday, through a new  ‘Statement of Change in Immigration Rules,’ published on the GOV.UK website on the 20th of July 2017, the government laid bare the new changes which have been made in order to comply with the Supreme Court judgment in MM (Lebanon) & Others, which was handed down on the 22nd of February 2017 (see Article Here). Continue Reading →

Using Cash Savings to Meet Income Threshold for UK Spouse Visa

I have been getting a lot of enquirers lately about relying on cash savings for spouse/child or family dependent visas.

Basic UK Spouse Visa Income Threshold:

Under the current Immigration Rules, in order to qualify for any family settlement visa (spouse, fiance, family dependent etc.) you must meet the financial requirements – by earning above what is referred to as the Income Threshold. Normally, you can do this in two ways: Continue Reading →

New Immigration Rules Changes – November 2016

For those who have not noticed, on the 3rd of November the UK Government introduced changes to the UK Immigration rules . These changes come into effect from the 24th of November. This is due to affect those who are going to be making a UK Immigration visa application on or after the 24th 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 →

Serious and irreversible harm: Deport First Appeal Later

Serious and irreversible harm

This Article follow my previous Article on the New Immigration Act 2016 removal of ‘in country right of appeal’ for most cases, save for a few exceptions where there would be ‘Serious and Irreversible harm’.  The phrase ‘serious and irreversible harm’ comes from the test used by the European Court of Human Rights (ECtHR) to determine whether to issue a Rule 39 injunction. Nunez v Norway (App no. 55597/09)[2011] ECHR 1047. Continue Reading →

Whats New with the Immigration Act 2016?

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 →

Brexit: Answers to Frequently Asked Questions

Further to my previous Article about Brexit and the Possible Effect on UK immigration and European Migrants, I have complied a list of questions that I have been frequently asked and hope to answer them here for the sake of those who might be wondering the same

i.Are we part of the EU?

The UK is still part of the EU, and no formal legal process of leaving the EU will start until the UK decides to invoke Article 50 of the Lisbon Treaty, which can only be done by either David Cameron or his successor. This means that the UK is still bound by EU Treaties and Laws, and will continue to be so up to two years from the formal notice to the EU. Continue Reading →

Brexit: What happens to EU Nationals after the EU Referendum?

I know a lot of people are worried about the EU referendum result and I am overwhelmed with calls from people asking what happens now that we have left the EU – please stay calm!

UK Still Part Of European Union

We are still in the EU and all the laws remain the same for now; the earliest that we will be out of the EU is two years from the time that the government gives formal notice to the EU of our intention to divorce.

I will be writing an article shortly on the options available for EU nationals, but please note that most of the legal implications remain unknown and subject to the UK negotiations with the EU. It is highly unlikely that EU nationals or their families will be ‘kicked-out’ as a result of the referendum result. Continue Reading →

EU Referendum – Possible UK Immigration Impact

The upcoming referendum may be causing concern for some, especially if the outcome leaves them unsure of their visa status.

I have received a fair number of emails recently regarding the changes in UK Immigration Law that might take place and I thought it would be useful to address them with an article.

What happens after the referendum?

Continue Reading →

Applying British Nationality : Good Character Requirement

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 →

Tier 2 Migrant Worker Must Earn £35,000 to Settle in the UK

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 →

New Immigration Bill – 2015

New Immigration Bill

As some of you will be aware, the latest Immigration Act 2014, which has just been fully implemented in April 2015, brought with it numerous changes, including the right of appeals for Point Based applications, as well as an attempt to define the application of human rights by the Court. The Government seems to be very impressed by the outcome of the changes in the last bill, so much so that they have decided to go even further with the new Immigration Bill, which is currently in the House of Commons. As a UK Immigration Solicitor specialized in Human Rights many of my clients are affected by this, therefore I wish to highlight some of the changes that should expected if the new Bill becomes an Act. Continue Reading →

Immigration Health Surcharge

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 6th 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 →

Curtailment Of UK Immigration Appeal Rights – Immigration Act 2014

Changes on Appeal Right – Government gives with one hand takes with the other

Some of you may have missed it but from this week, as of the 2nd March 2015, the government further rolled out the curtailment of immigration appeal rights.

One of the major features in the new Immigration Act 2014, in the latest bid of the government to crack down on immigration, is the way that Immigration Appeals will be dealt with. Through the Act, the parliament not only tries to dictate how Immigration Tribunal Judges Should deal with Appeals, especially under Human Rights Grounds (Paragraph 117B), but also reduces the grounds on which a challenge can be brought. Continue Reading →

Article 8 ECHR and Outside the Rules Applications

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 →

UK Spouse Visa Financial Requirement – Savings Calculator

 UK Spouse Visa Financial Requirement and Supplement Savings Calculator

As most of you may know by now, since 2012 the government has introduced a new income requirement for a British and settled person wishing to sponsor their Non-EU Spouse/partner. This brought the requirement for the British national (sponsor) up to an earning of at least £18,600 per annum, with no third party sponsorship allowed (you can’t get your rich uncle to stand in for you like old times).

These rules have had a disastrous  effect on Brits who are not earning a high income but never the less play very important roles contributing to this nation; people such as teaching assistants, care workers e.t.c, who would not be able to meet this threshold; in fact it is reported that up to 40% of the UK population do not earn this level of money. Continue Reading →

EEA Self-Employed Mother Who Gives Up Work Temporary to Give Birth Is Still Worker -EU Court Rules

Definition Of “Worker” under EU Law – Self Employed and Agency worker Mothers on maternity

Following a lengthy court battle the Supreme Court of the United Kingdom requested a preliminary ruling under Article 267 TFEU by a decision dated the 31st October 2012;

see case Saint Prix v Secretary of Sate for Work and Pension 2013 UKSC and the YouTube video below.

Continue Reading →

MM & Ors v Secretary of State for the Home Department(2013) decision?- the Waiting Continues!

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 →

EU Family Surinder Singh Route: The Government Narrowing the Options?

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 →

EU Family Route: What is Surinder Singh route?

Those of you that have kept up-to-date with the recent immigration news or are  in the process of trying to bring their foreign Non-EU Spouse into the UK , would have possibly heard of the so called EU Family Route or ‘Surinder Singh’ route. This is a route that is becoming an increasingly popular (or necessary) option for Britons who seek to reunite with their spouse having fallen foul of the current immigration rules.

Why EU Route?

In case you haven’t been in the loop on what is happening; say you are a British national and have just gotten engaged to a non-EEA national. Well… congratulations first of all, and second,  I hope you have a very good job, as you will need one. Continue Reading →

Merry Christmas, Happy New year and Thank You Again

Once again the year is coming to a close, I wanted to reach out and send our best wishes to you and your family! I hope that 2018 holds success and good fortune in any endeavour you pursue. 

It has been a pleasure getting to know you and your families this year. We have had a busy year with lots of things happening; the Supreme Court judgement in February and subsequent change of the UK Immigration Rules in August that breathed some hope to thousands of family who had been separated due to not meeting the Income Threshold was the highlight… Brexit Negotiation still rolling on at snail pace with slight clarification on what would happen to EU national in the UK after March 2019.

Cross Border Legal has had a blessed year; We won several cases against the Home Office, and successfully assisted numerous clients to obtain their visas in especially complex case. We have been honoured to assist reunite several families and assist persons coming out of the shadows by regularising their legal stay in the UK.

Thank you for being a customer and/or supporter of our Solicitor Law firm Cross Border Legal; we have been truly humbled by the more than 5500 likes on social media, numerous feedback testimonials and the trust bestowed upon us to deal with very personal matters by people who I may have never met in person. We are delighted to have you as customers, supporters, followers and friends. We look forward to serving you in the new year.

 Office Closed for Holiday:

Please note I will be out of the office from noon 22nd of December 2016 until 2nd of January 2018 without access to email or my phone for any general enquiry. If this is an extreme emergency, Please call 999 🙂 See you all on the 2nd of January 2018.

We wish you peace, happiness, and abundant good health in the new year. 

Have a terrific 2018!

AA (Nigeria) v. Secretary of State (2017) – Extending the Surinder Singh Requirements – “Genuine and Effective” Residence

Background

Since 2012, the UK government has put strict conditions, such as financial requirements, on spouses of British Nationals who wish to move to the UK. However, Surinder Singh (see previous blog posts here and here) has effectively opened up an alternative route for those British Nationals and their spouses who do not meet the strict requirements for a Spouse Visa but are willing to relocate to live in another EEA country, with the option of coming back to the UK in the future.

Continue Reading →