Tag: Immigration

UK Visa Fees

UK Visa Fees from 6 April 2018

A number of changes to the UK visa fees will come into effect from 6 April 2018.

The key changes to the Home Office fees are outlined below:

  • Increased UK visa fees on growth routes (work, study and visit) by 4%.
  • Increased fees on most non-growth routes (nationality, settlement, family) and most associated premium services by 4%.
  • The fee for the overseas optional ‘Priority Visa’ service for entry clearance will increase by 15%.

The government has not made any changes to fees under the sponsorship system. UK visa fees for entry clearance to enter the Channel Islands and Isle of Man will rise in line with fee changes seen in the rest of the UK.

UK visa fees for all applications made from outside and within the UK

TYPE OF APPLICATION

FEE, GBP 

Outside / Inside UK before 6 April 2018

FEE, GBP

Outside / Inside UK after 6 April 2018

Tier 1 Investor £1,561 £1,623
Tier 1 Entrepreneur £982 / £1,228 £1,021 / £1,277
Tier 1 Graduate Entrepreneur £349 / £474 £363 / £493
Tier 2 – 3 years £587 / £677 £610 / £704
Tier 2 – 5 years £1,174 / £1,354 £1,220 / £1,408
Sponsorship License Application  £536 £536
Tier 4 £335 / £457 £348 / £475
Tier 5 £235 £244
Family Settlement (Spouse Visa) £1,464 / NA £1,523 / NA
FLR (FP, O, M, S) NA / £993 NA / £1,033
MN-1 (Registration child – British Citizenship) £973 £1,012
AN (Naturalisation – British Citizenship) £1,282 £1,330
Indefinite Leave to Remain (Settlement) £1,464 / £2,297 £1,523 / £2,389
Other dependant relative £3,250 / NA £3,250 / NA
Visit visa – short up to 6 months £89 / NA £93 / NA
Visit visa – long up to 2 years £337 / NA £350 / NA
Visit visa – long up to 5 years £612 / NA £636 / NA
Visit visa – long up to 10 years

£767 / NA

 £798 / NA
EEA Applications (all forms)

free / £65

free / £65

A full list of the new UK Immigration, Visa and Nationality Fees can be found on www.gov.uk

Other relevant changes and updates

NHS Immigration Health Surcharge will increase to £400 a year in 2018

New Fees 2018: British Passport Applications

Deadline for employers (Tier 2 sponsors) – 5 April 2018

New Online Application System launched for Tier 2 migrants and PBS dependants

Changes to the Immigration Rules 2018

Immigration Assistance

For expert advice and assistance in relation to your particular case, applicable fees and relevant immigration law requirements, please contact our immigration lawyers on Tel. +44(0)20 7822 8535, Mobile/Viber: 074 6338 2838, by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.

New Immigration, Visa and Nationality Fees 2018-19

Legislation was laid in Parliament on 16 March 2018 which sets out a number of changes to immigration, visa and nationality fees.

These changes will come into effect on 6 April 2018.

Careful consideration is given to individual fees to help reduce the funding contribution from UK taxpayers, whilst continuing to provide and invest in a service that remains attractive to our customers and competitive with other countries.

The key changes are outlined below:

  • Increased fees on growth routes (work, study and visit) by 4%.
  • Increased fees on most non-growth routes (nationality, settlement, family) and most associated premium services by 4%.
  • The fee for the overseas optional ‘Priority Visa’ service for entry clearance will increase by 15%.
  • For the fourth year running, there will be no any changes to fees under the sponsorship system.
  • Fees for entry clearance to enter the Channel Islands and Isle of Man will rise in line with fee changes seen in the rest of the UK.

A full list of the new fees can be found on www.gov.uk

Inappropriate behaviour of Immigration Officers during enforcement visit supported by Upper Tribunal Judgement

Appeal against removal directions on the grounds of undergoing a sham marriage is dismissed after the Upper Tribunal judge finds the claims about inappropriate behaviour of Immigration Officers (IOs) during an enforcement visit unfounded.

The Appellant is an Egyptian national entered into a marriage with an EEA national whilst overstaying in the UK after his 6-month visitor visa expired. The Appellant had removal directions issued against him after an enforcement visit to the place he was temporarily residing at.

It was alleged by the Appellant that the IOs were behaving in a threatening manner and did not follow the procedure required by law, namely the Police and Criminal Evidence Act 1984 (PACE) requirement to give the Appellant a criminal caution.

The Respondent disputed the allegations about the inappropriate behaviour of the IOs and argued that PACE guidance did not apply in the present case because the situation concerned an administrative rather than criminal procedure.

Having reviewed the evidence available, the Judge found that the Appellant’s claims and criticisms of the IOs’ conduct to be unreliable, and supported the Respondent’s argument that PACE guidelines did not apply to the present case, thus ruling that the IOs did not breach PACE by failing to give the Appellant a criminal caution.

The distinction between criminal and civil proceedings was crucial to uphold to avoid the confusion between the two very different sets of rules.

The case, nevertheless, is very helpful at reminding us about the procedure the IO need to follow when making an enforcement visit. It notes that the Secretary of State made a Codes of Practice Direction in 2013, which states that:

  • A person, suspected of an offence, must be cautioned before any questions about an offence are put to them. There is no need to be cautioned, however, if questions refer to other necessary purposes, such as obtaining information by a statutory requirement.
  • The person must be told that they are not under arrest and informed about how they may obtain legal advice.
  • The caution must be in the following terms: “You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in Court. Anything you do say may be given in evidence.”
  • The caution should not be given when the questioning is intended to establish basic facts such as identity, however the purpose of questioning must be identified.
  • If a reasonable suspicion that the person in question is liable to be held in immigration detention arises out of known information, person’s actions or information discovered during the enquiry, and the person must be arrested, they must be given the administrative explanation or criminal caution.
  • The arrest must be necessary to progress the case
    • It is unlikely that arrest would be appropriate if the person’s immigration status is known and no progression on the case will be made by arresting them.
  • The person under arrest must be informed that:
    • They are under arrest and not free to leave;
    • The reason for the arrest;
    • Why it is necessary to arrest them.
  • Where IOs use criminal powers to make an arrest they must comply with PACE
    • To have a criminal power of arrest, IOs must have a genuine intention to prosecute the individual and have reasonable grounds to suspect that the person has committed or attempted to commit a criminal offence
  • Where IOs use administrative powers to make an arrest, they must notify the person of their detention and reasons for it as per Immigration Act 1971.

Prime Minister pledges to secure simple process to swap current EU Permanent Residence status for UK settled status

Today, on 19 October 2017, ahead of the EU Council meeting, Theresa May wrote directly to EU citizens in the UK. In her message, the Prime Minister pledged to make it as easy as possible for EU citizens to remain in the UK after Brexit. She insisted that the application process for settled status in the UK would be “streamlined” and the cost “as low as possible”. For any EU citizen who holds Permanent Residence status under the current EU regulations, there will be a simple process introduced to swap their current status for the UK settled status.

Full text of the Prime Minister’s message is quoted below.

“As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first.

I have been clear throughout this process that citizens’ rights are my first priority. And I know my fellow leaders have the same objective: to safeguard the rights of EU nationals living in the UK and UK nationals living in the EU.

I want to give reassurance that this issue remains a priority, that we are united on the key principles, and that the focus over the weeks to come will be delivering an agreement that works for people here in the UK, and people in the EU.

When we started this process, some accused us of treating EU nationals as bargaining chips. Nothing could have been further from the truth. EU citizens who have made their lives in the UK have made a huge contribution to our country. And we want them and their families to stay. I couldn’t be clearer: EU citizens living lawfully in the UK today will be able to stay.

But this agreement will not only provide certainty about residence, but also healthcare, pensions and other benefits. It will mean that EU citizens who have paid into the UK system – and UK nationals into the system of an EU27 country – can benefit from what they’ve put in. It will enable families who have built their lives together in the EU and UK to stay together. And it will provide guarantees that the rights of those UK nationals currently living in the EU, and EU citizens currently living in the UK will not diverge over time.

What that leaves us with is a small number of important points to finalise.  That is to be expected at this point in negotiations. We are in touching distance of agreement.  I know both sides will consider each other’s proposals for finalising the agreement with an open mind. And with flexibility and creativity on both sides, I am confident that we can conclude discussions on citizens’ rights in the coming weeks.

I know there is real anxiety about how the agreement will be implemented. People are concerned that the process will be complicated and bureaucratic, and will put up hurdles that are difficult to overcome. I want to provide reassurance here too.

We are developing a streamlined digital process for those applying for settled status in the UK in the future. This process will be designed with users in mind, and we will engage with them every step of the way.  We will keep the cost as low as possible – no more than the cost of a UK passport. The criteria applied will be simple, transparent and strictly in accordance with the Withdrawal Agreement.  People applying will not have to account for every trip they have taken in and out of the UK and will no longer have to demonstrate Comprehensive Sickness Insurance as they currently have to under EU rules.

And importantly, for any EU citizen who holds Permanent Residence under the old scheme, there will be a simple process put in place to swap their current status for UK settled status.

To keep development of the system on track, the Government is also setting up a User Group that will include representatives of EU citizens in the UK, and digital, technical and legal experts. This group will meet regularly, ensuring the process is transparent and responds properly to users’ needs. And we recognise that British nationals living in the EU27 will be similarly concerned about potential changes to processes after the UK leaves the EU.  We have repeatedly flagged these issues during the negotiations. And we are keen to work closely with EU Member States to ensure their processes are equally streamlined.

We want people to stay and we want families to stay together. We hugely value the contributions that EU nationals make to the economic, social and cultural fabric of the UK. And I know that Member States value equally UK nationals living in their communities. I hope that these reassurances, alongside those made by both the UK and the European Commission last week, will provide further helpful certainty to the four million people who were understandably anxious about what Brexit would mean for their futures.”

EU Exit Negotiations Update from the Home Office

Following the latest round of negotiations between the UK and EU concluded on 31 August 2017 in Brussels, the Home Office circulated the following update.

Progress was made on several fronts – including on the rights of EU citizens living in the UK and UK nationals in the EU.

On healthcare, for example, we agreed to protect the rights to reciprocal healthcare, including European Health Insurance Cards (EHICs), for EU citizens in the UK and UK nationals in the EU who are present on the day of exit.

Both sides also agreed that the rights of cross border workers should be protected.

On economic rights, we have confirmed the right of EU citizens to set up and manage a business in the UK, and the same applies to British citizens in their Member State of residence.

These points of agreement are good news but the discussions also highlighted where more work is needed.

This includes several areas where the UK wants to go further than the EU, such as posted workers (raised in the July round) and the mutual recognition of professional qualifications. The UK will also continue to seek clarification on how the EU’s stance on various issues would work in practice and be implemented within the EU27.

The next round of negotiations in September will build on progress to date with a view to reaching a future agreement on citizens’ rights. This table provides a comparison of the EU-UK positions on citizens’ rights and where outstanding issues remain.

As Secretary of State for Exiting the EU David Davis said yesterday, the UK government remains absolutely committed during the negotiation process to delivering the best outcome for the people of the EU and the UK.

We also recognise that EU citizens in the UK and UK citizens living in the EU would like certainty about future arrangements as soon as possible.”

Please visit Status of EU citizens in the UK: what you need to know for further details about the government’s proposal to protect the position of EU citizens in the UK – and UK nationals in the EU – published on 26 June. It contained these commitments:

  • EU citizens with settled status will continue be treated as if they were UK nationals for education, healthcare, benefits, pensions and social housing after we leave the EU.
  • No EU citizen currently in the UK lawfully will be asked to leave at the point we leave the EU. EU citizens will have at least two years to regularise their status.
  • The process to apply for settled status will be streamlined and user friendly, including for those who already hold a permanent residence document under current free movement rules. We expect the system to be up and running in 2018.

As the negotiations in Brussels progress, Home Office’s advice to EU citizens remains the same: you do not need to apply for documentation confirming your status now.

The rights of EU citizens have not changed. Last week, around 100 EU citizens received letters in error stating they were liable for removal from the UK. For the avoidance of doubt, these letters were sent in error and will have caused understandable distress. The Department has apologised to the individuals affected and they are being reassured that they should disregard the letters. The Home Office statement is here.

Home Office will continue to update on the negotiations and wider citizens’ rights issues over the coming months.

Free Filipino Immigration Clinic in London – Saturday, 9 September 2017

Filipino Immigration Lawyer in UK

Sterling & Law Associates LLP will be holding a Free Immigration Clinic for Filipinos in the UK who need immigration advice. You will have a chance to have a 30-minutes consultation in Tagalog on any UK immigration matters and visa categories with our experienced immigration lawyers.

The consultations will be held on Saturday, 9 September 2017 from 9.00 am to 5.00 pm at the following address:

Sterling & Law Associates

Fleet House, 8-12 New Bridge Street

London, EC4V 6AL (MAP)

Appointments must be booked in advance for the following time slots:

9:00 – 9:30
9:40 – 10:10
10:20 – 10:50
11:00 – 11:30
11:40 – 12:10
12:20 – 12:50
2:00 – 2:30
2:40 – 3:10
3:20 – 3:50
4:00 – 4:30
4:40 – 5:10

To book your appointment please contact Nollienne Alparaque by e-mail: nollienne@sterling-law.co.uk or call on 078 1276 9389 or 020 7822 8535.

Should you wish to instruct us after the consultation, we will be happy to offer a 20% discount the legal fees in any immigration case. This offer is only valid for the day of the legal clinic.

Safe Returns Policy – New Policy Applicable to All Refugees in the UK

All those who applying for settlement protection after completing the appropriate probationary period of limited leave will be subject to a safe return review with reference to the country situation at the date the application is considered. Those who still need protection at that point will normally qualify for settlement.

In March 2017, the Home Office announced that a new policy regarding all individuals with the Refugee Status. The policy has an effect for all existing and future applications for Indefinite Leave to Remain (‘ILR’) as a Refugee (a further step after Leave to Remain application). In order to make an ILR application a refugee has to use ‘SET(P)’ form. The ILR allows refugees to have further access benefits which were granted under the Leave to Remain application, such as, access to public funds, education, or employment. 

Unlike the old policy, the new policy does not grant an automatic grant of settlement.

The exemptions when the automatic grant was not given to the applicant by the Home Office are the following:

Trigger 1: Review on the basis of information relating to actions (or alleged actions) of an individual refugee. In this section, any actions taken by the refugee to be against the security of the UK and/or any (criminal) allegations may take away the Refugee Status from a refugee.

Trigger 2: Review on the basis of a significant and non-temporary change in the conditions in a particular country (cessation). This is where the country from which the refugee is feared from persecution will no longer apply due to significant and non-temporary change in country. This trigger, the Home Office claims, to apply to all applicants of ILR regardless of the timing of their application. This is what is most importantly implied by the new Policy.

A “significant and non-temporary change in country situation” is described in the new policy:

In relation to changes to the country situation, this refers to changes that are significant and non-temporary such that a fear of persecution can no longer be regarded as well-founded. Caseworkers should note that the overthrow of one political party in favour of another might only be transitory or the election of a new government may not automatically mean that there is no longer a risk of persecution for the individual refugee. The changes must be such that the reasons for becoming a refugee have ceased to exist.

This implies that a change of personal circumstances may disqualify a refugee who faces a misappropriate impact on the refugee after they settle, for instance, women refugees who are at risk of domestic violence or FGM. The policy acknowledges such circumstances by stating: 

Caseworkers must consider whether the grant of refugee status was for more than one reason. For example, a woman may have been granted on the basis that she refused to agree to a forced marriage. If she is now married, she may still face a risk of persecution if she has married without the consent of her family. They may also fall within another category of risk and as such, revocation would not be appropriate. Revocation action on grounds that the protection need has ceased to exist should only be considered where there is no risk of persecution or serious harm on any grounds.

Trigger 3: Where the Secretary of State for the Home Department has announced to Parliament a review based on a significant and non-temporary change to a country situation. (No countries as of yet have been announced).

There are also other reasons to refuse settlement for a refugee:

  • There have been changes in personal circumstances
  • The refugee has returned to their country of origin or habitual residence
  • The refugee has obtained a national passport from their home country
  • There is evidence the original decision to recognise refugee status was incorrect
  • Any dependents of the refugee have travelled home or obtained a national passport

Within the application it is important for the refugee to be in the UK during the application period and the application should include all dependents living with the refugee including those who were born in the UK since the moment when the Refugee Status was granted.

The applications prior to March 2017, took under 6 months and resulted in a grant of ILR, however with the Brexit atmosphere and harsher Immigration Law changes, the new policy intends to demonstrate, as Immigration barrister Colin Yeo claims, “either that the Government does not want refugees to integrate or at least that there is no-one sufficiently senior at the Home Office who is responsible for thinking about integration”. In such hostile environment, it has been raised repeatedly that the right legal advice is mandatory to ensure the success of a refugee’s application, however there are a few changes that should be known about the new policy.

Updated List of Tier 1 (Graduate Entrepreneur) Authorised Endorsing Bodies – June 2017

In June 2017, the list of authorised institutions for Tier 1 (Graduate Entrepreneur) visa applications was updated by the Home Office.

The Tier 1 (Graduate Entrepreneur) route is for graduates who have an outstanding business idea that they wish to put into practice in the UK. Higher Education Institutions (HEIs) will have a central role in identifying graduates who have developed genuine and credible business ideas or entrepreneurial skills, and in endorsing and supporting them.

Only those institutions listed below are able to endorse graduates wishing to apply under this route:

  • Anglia Ruskin University
  • Arts University Bournemouth
  • Ashridge (Bonar Law Memorial) Trust
  • Aston University
  • Bangor University
  • Birmingham City University
  • Bishop Grosseteste University
  • Bournemouth University
  • BPP University Limited
  • Brunel University
  • Cardiff University
  • City University London
  • Coventry University
  • Cranfield University
  • De Montfort University
  • Edinburgh Napier University
  • Glasgow Caledonian University
  • Goldsmiths University of London
  • Heriot-Watt University
  • Imperial College of Science, Technology and Medicine
  • King’s College London
  • Kingston University
  • Lancaster University
  • Leeds Beckett University
  • Liverpool Hope University
  • Liverpool John Moores University
  • London Business School
  • London Metropolitan University
  • London School of Economics and Political Science London
  • South Bank University Loughborough University
  • Middlesex University
  • Newcastle University
  • Northumbria University
  • Newcastle Norwich University of the Arts Nottingham
  • Trent University
  • Oxford Brookes University
  • Plymouth University
  • Queen Mary University of London
  • Queen’s University of Belfast
  • Regent’s University
  • London Royal Academy of Music
  • Royal Agricultural University Royal Central School of Speech and Drama
  • Royal College of Art
  • Sheffield Hallam University
  • SOAS, University of London
  • Southampton Solent University
  • Swansea University
  • Teesside University
  • University College London
  • University for the Creative Arts
  • University of Aberdeen
  • University of Bath
  • University of Birmingham
  • University of Brighton
  • University of Bristol
  • University of Buckingham
  • University of Cambridge
  • University of Derby
  • University of Dundee
  • University of East Anglia
  • University of East London
  • University of Edinburgh
  • University of Essex
  • University of Exeter U
  • niversity of Glasgow
  • University of Greenwich
  • University of Hertfordshire
  • University of Huddersfield
  • University of Hull
  • University of Kent
  • University of Leeds
  • University of Leicester
  • University of Lincoln
  • University of Liverpool
  • University of Manchester
  • University of Northampton
  • University of Nottingham
  • University of Oxford
  • University of Portsmouth
  • University of Reading
  • University of Roehampton
  • University of Salford
  • University Of Sheffield
  • University of South Wales
  • University of Southampton
  • University of St Andrews
  • University of Stirling
  • University of Strathclyde
  • University of Sunderland
  • University of Surrey
  • University of Sussex
  • University of the Arts London
  • University of the West of England
  • University of the West of Scotland
  • University of Warwick
  • University of Westminster
  • University of Worcester
  • Guildhall School of Music & Drama

Full information is available on the UKVI web-site.

By Ilovetheeu (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons

Theresa May’s proposal – Analysis of the policy paper on the safeguarding the position of EU citizens in the UK and UK nationals in the EU

The proposal of Theresa May was quoted as a ‘generous offer’ to EU citizens offering everyone who had acquired permanent residence a new ‘settled status’.

At the face value, it appears to be a good deal, however when one reads the small print it becomes apparent that there is no value in the offer, and it lacks the certainty that Theresa May continuously refers to. The offer has came after the EU Council Decision of 22nd May proposing their policy on safeguarding the position of EU citizens in the UK and UK nationals in the EU, therefore both sides have now adopted their position. However, the UK’s offer is nowhere close to what EU would like to secure as a part of the exit deal.

The Government website provides a short summary of their ‘promise’.

Since the result of the referendum last summer, the UK Government has made it absolutely clear how important it is that we secure as early as possible both the rights of EU citizens in the UK and UK nationals in EU member states. We are now seeking to provide EU citizens with certainty about their future by publishing a policy paper which sets out our offer to them.

Theresa May has, since triggering Article 50, made it clear that she wants nothing else but to provide certainty for all EU citizens in the UK and for those Brits living in other Member States. However, the proposal offers no certainty and is lacking definitive answers and dates.

The UK continues to affirm that the rights of the EU nationals are protected and are to be complied with under the EU law until the official day of Brexit.

However, this gives little certainty as to the future rights of over 3 millions EU citizens living in the UK even though the UK has proposed a new streamlined process for the European citizens to register in order to gain their new ‘settled status’ according to the ‘generous’ offer of Theresa May.

This online application will apply to all EU citizens who have been continuously living in the UK for over 5 years. This requirement is the same as under current EU law where those with over 5 years of residence can apply for a document certifying permanent residence. Moreover, since the criteria that will apply are national, not based on EU law, the calculation of this period might differ. The proposal says ‘The type of application you’ll need to make will depend on your circumstances, when you moved to the UK and how long you’ve lived here’. The questions arise in terms of what type of circumstances an EU citizen needs to have in order to be able to stay?

While, the UK promises to make the process as streamlined as possible for the EU citizens who already have Permanent Residence Status, they will still need to apply in order to be able to remain in the UK. The UK position is that anyone with the document certifying permanent residence may mean nothing in the future. What is the reason for this? Does it mean that the future criteria will be certainty more stricter?

Moreover, why the current permanent residence document under free movement rules is not sufficient to prove (for example, to employers or public service providers) that you have permission to continue living and working legally in the UK after Brexit. It seems that the criteria that are to be applied for the new ‘settled status’ will be much more stricter than under EU law if the Home Office cannot respect the now issued documents certifying permanent residence rights.

Also, what will be the cost of the new ‘settled status’? Theresa May refers to a ‘reasonable’ cost but under the current British Immigration Rules the fee for indefinite leave to remain which is equivalent to the ‘settled status’ is set at £2,297. Will this be the price the EU nationals would have to pay in order to stay?

The offer gives some consideration to those citizens who will not qualify for ‘settled status’ as they will not complete their 5 years period before the ‘cut-off date’. However, nowhere in the proposal the date is mention. It may be the date of triggering Article 50 or the Brexit Day, but it could also potentially be historic.

If Theresa May wanted to give certainty to EU citizens she would have set the ‘cut-off date’.

Those EU citizens who arrived and became resident before [un]specific date but who have not accrued five years’ will be able to apply for a temporary status. Moreover, those EU citizens that arrive after the [un]specified date will be allowed to remain in the UK at least temporary and may become eligible, however there should not have expectations of guaranteed settled status.

The proposal mentions ‘People who arrive after the cut-off date will be able to apply for a permission to remain after the UK leaves the EU, under the future immigration arrangements for EU citizens’. What are the future immigration arrangements? Where is the certainty that Theresa May was offering?

The most troublesome part of the proposal is the lack of consideration for a Non-EU family members of EU nationals. What will happen with them since they will no longer be able to live in the UK under the more lenient regulations of the EU. Those Non-EU nationals who have divorced their EU partners will also not be eligible to stay. The offer also fails to consider whether the UK citizen who currently is residing in Spain will retain their full free movement rights to move to Germany in the future.

Moreover, there is also no certainty as to what the ‘grace period’ will be for the EU citizens to apply for their new status. This will ‘be confirmed during negotiations’ and ‘if you haven’t received a document confirming your new immigration status by the end of this [again unspecified] period you will no longer have permission to remain in the UK.’ What if some EU citizens do not meet the future immigration requirements of which we have no mention whatsoever?

The UK offer fails to discuss the judicial enforcement, and while the EU wants the rights of EU nationals to be enforced by the Court of Justice of the European Union (CJEU), and the rules in the withdrawal agreement in accordance with pre-Brexit case law of the Court, the UK rules out the jurisdiction of the CJEU.

Much of the proposal uses words like ‘seek to ensure’ or ‘akin’ which does not by definition refer to certainty. It is clear that the UK position indisputably offers worse terms both for EU citizens in the UK and UK citizens in the EU. The EU proposal asked for the permanent residence documents to be respected without the need of ‘transferring’ of the status.

While the UK will exempt people from the requirement to have Comprehensive Sickness Insurance, it has been argued that the current UK law breaches EU law anyway. Therefore, it may seem like a ‘generous offer’ but in reality is nowhere close.

The proposal also is silent on British Citizenship, it does not mention anywhere how a ‘settled person’ can acquire British Citizenship in the future. It only mentions that it will be possible. Does it mean that the criteria will be different and/or more expensive to those currently under EU law?

At the moment, it seems that the only way to completely guarantee your continued right to live and work in the United Kingdom is to become a British citizen. In order to do this, the first step is to acquire Permanent Residence.  However, becoming a British citizen may also be a disadvantage for some nationals or if you have non-British family members living with you in the UK who are relying on your status under EU law. While, we are still awaiting a decision of CJEU in Lounes, the Advocate-General has said that non-EU nationals may be given the right to reside in a Member State in which an EU family member lived before the family member acquired the nationality of that country. However, since the UK wants to rule out the jurisdiction of the CJEU, there is a little time to benefit from the upcoming decision.

If you would like to find out more about your rights in the UK or apply for the Permanent Residence/British Citizenship you can contact Angelika at 020 7822 1866 or email: angelika@sterling-law.co.uk

AFTER 6 ATTEMPTS WITHOUT REPRESENTATION, FINALLY ISSUED A EEA FAMILY PERMIT

The Applicant, a citizen of Georgia, who has been married to an EEA National, was refused not once, but six times EEA Family Permit visa which he made without legal representation over the course of nearly two years. He had left the United Kingdom voluntary in 2015.

The first application was refused by the Home Office after they conducted a phone interview with the applicant. The first and then other 5 applications were refused based on the interview evidence provided during client’s first application.

Even though Entry Clearance officer had to consider each new application on its own merits, they failed to do so and refused all subsequent applications on the same ground.

Sterling & Law Associates LLP were instructed to make a seventh application of behalf of the client which was successful. After considering the facts and evidence provided by the client and six reasons for refusals Sterling & Law Associates LLP suggested the Georgian national to seek a Residence Permit in Estonia as a family member of a European Union national.

After a successful application, fresh compelling evidence and arguments brought by Sterling & Law Associates LLP, the Home Office issued a Family Permit to our client to join his wife in the UK.

“It was a huge task to challenge the Entry Clearance Officers after they have refused our client’s application six times and it was awarding not only for the client but for myself to “fight” for the visa for our client.” Daiga Barzdina

Daiga Barzdina