UK Visas and British Citizenship

Some time ago, there was 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 have

Today we had another update from the UK Government, which can be found here: https://www.gov.uk/government/news/more-detail-provided-on-new-settled-status-for-eu-citizens It says European citizens will have up to 2 years after the UK leaves the EU to apply for their settled status and applications will be considered using the commons sense rather than refused on a technicality. “At last!” we exclaim, as the technicalities have been quite favored by the Home Office when considering and often refusing the visa  applications.   There will be right to appeal an unsuccessful application. Another interesting point is the Statement saying the cost of applying under the new system will be no more than the cost of a British passport. It is not clarified, however, whether it is just the cost of a UK passport (passport book), which is only £72.50. Or the cost of the whole process of which the end result is UK passport, ie naturalization application (£1,282), biometrics (£19.20), ce

European / EEA citizens:  at the moment there are no changes in the rules, so EU citizens have the same rights as before the Brexit vote.   If you have been living in the UK since before 29 March 2017 (when Article 50 was triggered),  you are likely to retain your residency rights and eventually apply for British Citizenship.  If you relocated to the UK after 29 March 2017:  there is no confirmed agreement yet with the European Union, but it is expected that your rights will remain the same as now as the UK remains a full member of the EU. If you are planning to come to the UK after Brexit  has come in force on a yet unknown “cut-off date”, you would have to adhere to the new – also unknown – immigration regime. If you have resided in the UK for 5 years or more, we advise to make a formal application for Permanent Residency, followed by British Citizenship -  as soon as possible .   It is not compulsory, yet once you have become a British Citizen, your rights will be prot

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 have been

In this article   https://www.theguardian.com/uk-news/2017/sep/05/leaked-document-reveals-uk-brexit-plan-to-deter-eu-immigrants   The Guardian claimed to have a (leaked) government document, proposing the end of free movement immediately after Brexit and tough new visa rules for European migrants.  The Daily Mail also run an article based on the above: : http://www.dailymail.co.uk/news/article-4855264/Tough-new-immigration-rules-revealed-massive-leak.html Whether this leaked proposal was genuine or not , whether it will be adopted in this form or changed, here are some examples.  For example , European citizens wishing to bring their family members  (husbands , wives and children ) , will have to meet the same Financial Requirement (£18,600) as UK citizens currently have. This income requirement has been controversial ever since its introduction in 2012 and has been subject to a few court cases. However , at least it would make the Rules the same for all. Currently , the

A very important update on the Immigration Rules for spouses and partners of British citizens following the MM (Lebanon) case:  https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc290-20-july-2017   In a nutshell, the outcome is:  if you meet the Financial Requirement - you get 5-year route.  If not, but have exceptional circumstances  (exceptional in the policymakers'  opinion), you could be given a chance provide some other convincing ways to support yourselves - and you would be put in the 10-year route. Good news for those who would have struggled before but a twice longer wait for permanent residency (meaning double fees for the UK government with double health surcharge). Still, better than nothing.  Here we have a post that explains the difference between a 5-year and 10-year routes:  http://1st4immigration-visas.blogspot.pt/2017/08/one-of-our-most-popular-posts-and-most.html   We would still advise to aim for the 5-year r

On June the 26th, 2017, the Government posted   an updated statement on the status of the EU citizens in the UK on   https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know Ms May’s statement confirms her “offer” to let the EU citizens, who are already living/working in the UK, to continue benefiting from the European treaty rights, i.e. to continue as before. Those EU citizens who have been exercising Treaty rights (such as working) in the UK for 5 years can apply for permanent residence status. The application is not compulsory – at the moment – but it makes a good sense to make it as soon as possible. It would make their lives a lot easier after Brexit, such as when using the NHS or applying for a job (employers and NHS staff are not immigration officers, so would need a formal document). This would be that "ID-style paper" , which you are likely to need to sooner or later.  At the moment we call such a paper a Permanent Residence document,

On June the 26th, 2017, the Government posted   an updated statement on the status of the EU citizens in the UK on https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know Ms May’s statement confirms her “offer” to let the EU citizens, who are already living/working in the UK, to continue benefiting from the European treaty rights, i.e. to continue as before. Those EU citizens who have been exercising Treaty rights (such as working) in the UK for 5 years can apply for permanent residence status. The application is not compulsory – at the moment – but it makes a good sense to make it as soon as possible. It would make their lives a lot easier after Brexit, such as when using the NHS or applying for a job (employers and NHS staff are not immigration officers, so would need a formal document). This would be that "ID-style paper" , which you are likely to need to sooner or later.  At the moment we call such a paper a Permanent Residence document,

This article was from The Daily Mail: May unveils her 'fair' offer to let three million EU citizens stay after Brexit and bring family members - but they could need ID card-style papers , link: http://www.dailymail.co.uk/news/article-4639058/Three-million-EU-citizens-stay-Brexit-says-May.html     Ms May’s statement confirms her “offer” to let the EU citizens, who are already living/working in the UK, to continue benefiting from the European treaty rights, i.e. to continue as before. Those EU citizens who have been exercising Treaty rights (such as working) in the UK for 5 years can apply for permanent residence status. The application is not compulsory – at the moment – but it makes a good sense to make it as soon as possible. It would make their lives a lot easier after Brexit, such as when using the NHS or applying for a job (employers and NHS staff are not immigration officers, so would need a formal document). This would be that "ID-style paper" , which yo

The timeline of Brexit events so far has been both interesting and concerning for Europeans living in the UK as well as for Britons living in Europe. Firstly, we had a vote in June 2016, voting to leave the EU. The UK Government then took almost a month to publish a  statement on the immediate effects on status of EEA citizens, which can be found here  (updated now since its first publication in July 2016). At the time it was, and still is, simply saying not to worry and everything remained as before for the time being - quite rightly and legally accurate. Yet it is not the past or present that is on the people’s mind – it is the future!   The Government triggered Article 50 (of the Lisbon Treaty) on 29 th  March 2017 and again published the reassuring statement just over a week later, again telling the EU/EEA citizens not to worry for the time being while the UK remained a full member during the upcoming 2 years. That statement can be found here:  https://www.gov.uk/guidance/s

A recent Daily Mail article caught our eye: http://www.dailymail.co.uk/news/article-4410894/EU-couple-devastated-children-denied-UK-residency.html   A European (Dutch-Spanish) family made an application to the UK Home Office to confirm their status of permanent residents in the UK. This application, EEA(PR), has been one of the most common application since the UK voted to leave the EU in June 2016 Referendum. Many EU/EEA citizens and their family members panicked and wanted some peace of mind, hence getting this official document confirming their permanent status in the UK.   In this case both parents were granted a PR document. Their children (12 and 15 yo), however, were refused on the basis that they didn’t send enough evidence of children’s residency in the UK. Although this makes another dramatic   “good” news story headline We at 1 st 4Immigration believe it was probably the case of the Home Office just not ticking a couple of boxes. In other words, there was nothin