UK Visas and British Citizenship

Dear friends,  As we are all fed up with what’s happening with Brexit, we wanted to send you something cheerful. It’s 2 years today since Article 50 was triggered , and the only thing we know is that Brexit has been delayed until 12 April 2019.  On the visa side, for now , the rules remain the same as pre-Brexit, until 12 April anyway, if it doesn't change again… So, the humorous story was told by a client who came to us for a French Schengen visa. He said,  "My dog doesn't need a visa but I do”. Indeed.  Is it because of Brexit? No, some nationals needed a Schengen visa for years, Brexit or not.  In this case, it was a South African national. South Africans, as well as many others (Chinese, Russians, Indians etc),  need a Schengen visa to travel to Europe.  A dog, however, needs a passport but doesn't need a Schengen visa.  Since it is a UK pet pa...

We have decided to sum up the Government Brexit visa proposals, that is what they disclosed so far.   We were prompted to make this table by a recent Daily Mail article    EU citizens until 31.12.2020 (based on Government publication here) Non-EU citizens now (based on current Immigration Rules under Points-Based System) EU and non-EU citizens after 31.12.2018 (based on the proposals so far) Who can come and work in the UK? Skilled and unskilled workers Can come and work in the UK without restrictions. Only skilled workers and only when sponsored by a UK employer (employers have to go through vigorous tests on ‘genuineness’). Low-skilled workers aren’t allowed in. Skilled workers will still have to be sponsored by UK employers. Low-skilled workers from ‘low risk’ countries will be allowed to work for up to 12 months. What is meant by a skilled worker? N/A Jobs at a ‘degree le...

#1 Ancestral visa. You need to have a grandparent who was born in the UK. This visa is or 5 years and allows working in the UK including working for yourself. There is no minimum amount of savings or income you need to have/earn, and generally, it is a very flexible option that leads to settlement after 5 years. #2 British Citizenship for those born before 1983 to a British mother. Nationals of the Commonwealth countries tend to have the highest chances under this route. Before 1983 women couldn't pass their British nationality to their children born outside the UK (only men could). In 1983 this unfair rule was brought inline with the modern times. Those who were born before 1983 can now consider the option to claim British Citizenship (and therefore, a proper UK passport) but only if you meet all the requirements. In short, if this is your situation, you should be eligible for Citizenship if you had qualified back then (if we imagine that women could pass nationality)....

#1 Ancestral visa. You need to have a grandparent who was born in the UK. This visa is or 5 years and allows working in the UK including working for yourself. There is no minimum amount of savings or income you need to have/earn, and generally, it is a very flexible option that leads to settlement after 5 years. #2 Working holiday visa. Still often called this name, the official name is under Tier 5 of the Points-Based System. It is for young people aged 18-30 with no dependent children. The visa is for 2 years and allows working in the UK. It does allow being self-employed but only as a one-person business with no employees. It doesn’t lead to settlement but after 2 years in the UK, you may be able to remain here in another capacity, such as find sponsorship under the work visa. This option is good for unmarried young people who are in a relationship but are not considering getting married yet. After living together for 2 years on a visa like this, you could apply as an u...

#1 Cut off date 31 December 2020 EU citizens (and family members), who started living in the UK by 31 December 2020, will be able to continue under the current rules and apply for settlement (permanent residence) and then British Citizenship.  Those who have spent 5 years by then could apply for settled status.  Those who haven't  - could apply later as long as they start UK residency by 31/12/2020.  #2 EU citizens, who fall within the above deadline, will be able to bring (‘sponsor’) direct family members even after that date, as long as the relationship existed on 31/12/2020.  For example, after 31/12/2020 an EU citizen will still be able to bring a non-EU husband or wife to the UK under the current rules, without having to apply under the UK law as spouses of UK citizens do, which entails the strict Financial Requirement £18,600 and very expensive government fees. But only off the related existed on 31/12/2020.  #3  ...

From doubling the health surcharge to online applications and relaxation of the Rules for sponsored workers and Turkish citizens, here is our news roundup for the first 6 months. #1 Health surcharge is set to double in 2018 So far, this was the most important and affecting almost all migrants. In February 2018, the UK Government announced here https://www.gov.uk/government/news/health-charge-for-temporary-migrants-will-increase-to-400-a-year that health surcharge would double to £400 per year from… Well, the Government didn’t say from when exactly, other than it’s expected to be before the end of 2018. Students and tier 5 YMS migrants will also pay twice more at £300 per year. #2 Relaxation of Tier 2 rules A very welcome announcement this week: on 13 June 2018, The Telegraph published an article claiming that Home Secretary Sajid Javid was about to “unveil a major easing of Britain’s immigration system that will enable 1000s more of skilled migrants to come to the ...

This time we borrowed this headline from the UK Visas and Immigration:  https://www.gov.uk/government/publications/apply-for-a-permanent-residence-document-or-permanent-residence-card-form-eea-pr/top-reasons-permanent-residence-applications-are-rejected-or-refused We thought it would make a good post for European / EEA citizens and their family members.The page offers a list of reasons, although they are quite generic, such as no signature on the form or no correct fee paid. So, we thought we would expand on the subject and add most common non-admin reasons, ie most common eligibility-related reasons. In descending order: #5 Students being unaware of the health insurance requirement,  which was – unfairly and unusually – applied retrospectively. This rule was added in June 2011, yet it refers to those studying even before that. #4 Believing (wrongly) that this application is based on the last 5 years , ie 5 years immediately prior to the date of application. ...

This time we borrowed this headline from the UK Visas and Immigration:  https://www.gov.uk/government/publications/apply-for-a-document-certifying-permanent-residence-or-permanent-residence-card-form-eea-pr/top-reasons-pr-applications-are-rejected-by-ukvi We thought it would make a good post for European / EEA citizens and their family members.The page offers a list of reasons, although they are quite generic, such as no signature on the form or no correct fee paid. So, we thought we would expand on the subject and add most common non-admin reasons, ie most common eligibility-related reasons. In descending order: #5 Students being unaware of the health insurance requirement,  which was – unfairly and unusually – applied retrospectively. This rule was added in June 2011, yet it refers to those studying even before that. #4 Believing (wrongly) that this application is based on the last 5 years , ie 5 years immediately prior to the date of application. It would ...

The UK Government is working hard to reassure the European citizens in the UK about their rights after Brexit, the latest Statement can be found here: https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know One main point there, and something our audience often point out, that there is no need to apply for residency now (such as for a document certifying permanent residence in the UK under the EU law), as there will be a new system after Brexit. A new system to register EU / EEA nationals and bring them in line with the post-Brexit rules, ie transfer their rights onto the UK national law. We have been advising to make an application for permanent residence because you could then make an application to become a British Citizen. Once you are British, it won’t matter what the new system will be. – you will be “safe” anyway. The cost of permanent residence application is currently only £65 in governent fees, the amount is still dictated/cappe...