BRINGING THE SPOUSE (PARTNER) OF A BRITISH CITIZEN TO THE UK?

Immigration News, Newsletter ascendant; British born ascendant, british born grandparent, citizenship, immigration permits, spousal visa, visa applications

So often we hear about the heartbreak between couples and their struggles to come to or remain in the UK, much of which could have been prevented IF ONLY they were able to rely on advice from a professional consultant.

“But I am a British citizen! Surely it must be very simple to bring my wife/husband/partner to the UK?”

Of course, it is not that simple. In fact, Appendix FM and FM-SE (specified evidence) of the UK immigration rules are often not fully understood or correctly interpreted by even experienced lawyers. The Home Office has produced no less than 6 sets of guidance notes for their staff dealing with family applications.

What are the financial requirements? What is meant by ‘maintenance’? What evidence should be provided to prove a relationship? What is ‘adequate accommodation’? Whose earnings will be taken into account? In what format must supporting evidence be provided?

These, and many more aspects must and will be considered when an application for a so-called ‘spousal visa’ is to be decided.

For assistance and advice please contact Depner Immigration Consultants info@depner-immigration.com to arrange a FREE no-obligation TEAMS MEETING (video conference) (subject to terms and conditions).

Daniel Dippenaar

Barrister-Immigration Consultant

Founder Member

Regulated by the Bar Standards Board (Bar Council of England and Wales)

#spousalsponsorship #immigration #visaconsultants #british

WHAT IS ‘ADEQUATE ACCOMMODATION’ IN THE CONTEXT OF VISA APPLICATIONS?

Immigration News, Newsletter ancestral visa, ancestry entry clearance visa, ascendant; British born ascendant, british born grandparent, british citizen, CHILD BORN IN THE UK WHO ISN’T A BRITISH CITIZEN, depner immigration consultants, immigration permits, immigration specialists, visa applications

In family visa applications the UK immigration rules require evidence that there will be adequate accommodation for family members, without access to public funds. This will include other family members (or other persons) who are not included in the application but who live in the same household.

The applicant/s do not need to own or even necessarily have to rent the whole of the property or any part thereof but must show which part of the home they occupy exclusively and what arrangements have been made e.g., sharing with family members or friends.

The purpose of the applicable legislation is to ensure that the ‘family home’ isn’t overcrowded and that public health regulations aren’t contravened.

The Housing Act 1985 sets two tests referring to ‘the room standard’ and ‘the space standard’.

The ‘room standard’ will not be met if two people (who are not the Applicant and his/her partner) aged 10 or over of the opposite sex have to sleep in the same room. The accommodation will then be regarded as overcrowded.

The ‘space standard’ determines whether or not the number of people sleeping in the property exceeds that permitted by the Act. The Act provides a table which will not be discussed in detail in these notes.

A ‘room’ in the context of the Act means it is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room. It cannot be smaller than 50 square feet to be taken into account as a ‘room’.

For assistance and advice contact DEPNER IMMIGRATION CONSULTANTS info@depner-immigration.com

NATURALISATION AS A BRITISH CITIZEN: ‘EARNED CITIZENSHIP’

Immigration News, Newsletter ancestral visa, ascendant; British born ascendant, british born grandparent, citizenship, depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

With their permission we are so pleased to publish a photograph of Clifford and Denise Schlemmer recently taken at their citizenship ceremony.

Persons who have successfully applied for naturalisation or registration as British citizens must take the oath (or affirm) and pledge allegiance to the Queen before a certificate of naturalisation or registration will be handed to them.

The Schlemmers have assured us that their UK immigration journey culminating in so-called ‘earned citizenship’ was worth all the sacrifices they have made over the years. Their determination to ‘earn their citizenship’ is an inspiration to us all!

The support, assistance and encouragement to cross every bridge given by their son, Byron, didn’t go unnoticed.

Congratulations to Byron, parents and the rest of the Schlemmer family!

Of course, Clifford and Denise are now able to apply for their first adult British passport!

Daniel Dippenaar: Barrister-Immigration Consultant

Founder Member of DEPNER IMMIGRATION CONSULTANTS

Contact Daniel at : info@depner-immigration.com

Regulated by the Bar Standards Board (Bar Council of England and Wales)

UK NATURALISATION: BRITISH CITIZEN OTHERWISE THAN BY DESCENT!

Immigration News, Newsletter ancestral visa, ascendant; British born ascendant, british born grandparent, british citizen, citizenship, depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

You have come so far on your UK immigration journey; one visa after another, indefinite leave to remain and now, time to apply for naturalisation?

You should appreciate that so-called ‘naturalisation’ IS NOT AN ENTITLEMENT, in other words you do not have a right to naturalise. The Secretary of State may, IF HE THINKS FIT, grant you a certificate to naturalise as a British citizen. The words “if he thinks fit” indicates a discretion to grant or not to grant.

Notably, many applications are refused (reportedly up to 30% of applications); often because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.

The requirements for naturalisation are set out in Section 6 with reference to Schedule 1 of the British Nationality Act 1981.

It is of the utmost importance to have regard to the guidelines under which caseworkers exercise (on behalf of the Secretary of State) the said discretion and under what circumstances they might (or definitely won’t) cut you some slack!

For advice and assistance please write to info@depner-immigration.com
or call 0333 200 5158

Daniel Dippenaar; Barrister-Immigration Consultant

Founder Member of Depner Immigration Consultants

Regulated by the Bar Standards Board (Bar Council of England and Wales)

COMMONWEALTH CITIZENS AND APPENDIX UK ANCESTRY

Immigration News, Newsletter ancestral visa, ascendant; British born ascendant, british born grandparent, british citizen, british grandparent, CHILD BORN IN THE UK WHO ISN’T A BRITISH CITIZEN, citizenship, citizenship; specialist in immigration, commonwealth citizen, depner immigration consultants, immigration permits, maternal grandparent, paternal grandparent, uk immigration assistance, visa applications

Why is the UK ancestry route so advantageous (to eligible Commonwealth citizens)?

Some of the salient advantageous aspects are:

• It is a route to settlement (Indefinite Leave to Remain).

• It is granted for a period of 5 years to the lead applicant and, subject to meeting requirements at the end of that period, does not have to be extended prior to applying for settlement.

• Evidential requirements in respect of finances and employment in the UK are less strict (the applicant will amongst other requirements need to show that he/she intends to work in the UK).

• The applicant’s partner and dependant minor children (under age 18) will be able to apply and accompany the applicant at the same time or could join the applicant at a later stage.

• The applicant’s dependants who were granted permission under the UK ancestry scheme should normally be able to apply for settlement when the applicant is able to apply for ILR. Notably, they (his/her dependants) will normally not have to meet the continuous residence requirement of 5 years.

• The application fees are relatively low by comparison (currently £516).

Notably, the Immigration Health Charges can be quite considerable as these charges must be paid in advance for the full period of the approved visa (period of permission to stay).

On the other hand, most applicants are/were paying for expensive healthcare in their own countries. By paying the IHS they are effectively covered for all services offered by the NHS and by the time they become settled in the UK, will have access to free healthcare at the point of use. It is fair to say that the NHS is regarded as one of the best health services in the world.

The starting point is of course to determine whether an applicant has a “qualifying grandparent”; a PATERNAL OR MATERNAL grandparent born in the UK, the Channel Islands or the Isle of Man.

Recently, on 1 December 2020, the UK immigration rules were updated introducing APPENDIX UK ANCESTRY. This appendix set requirements for validity, suitability and eligibility.

If Suitability and Eligibility requirements are not met the application WILL be refused.

For further advice and assistance contact DEPNER IMMIGRATION CONSULTANTS at info@depner-immigration.com or call +44(0)333 200 5158

Daniel Dippenaar, Barrister-Immigration Consultant

Founder Member Regulated by the Bar Standards Board (Bar Council of England and Wales)

#Immigration #spousalsponsorship #immigration #visaconsultants #british

NEED UK IMMIGRATION ASSISTANCE? ACT NOW!

Immigration News, Newsletter ancestral visa, ancestral visas, ascendant; British born ascendant, british born grandparent, british grandparent, citizenship, depner immigration consultants; immigration consultants, immigration, immigration assistance, immigration specialists; british citizen, maternal grandparent, paternal grandparent, permits; immigration permits, specialist in immigration, uk immigration assistance

FEES REDUCED BETWEEN 30% AND 40%

We are putting our money where our mouths are.

If you are struggling to fund your visa and citizenship applications, please read on.

“The more you read, the more you realize how important it is to help other people through hardship, rough times, challenging days or problems they currently experience.” – Catherine Pulsifer.

Caught up in a Covid-19 pandemic nobody escapes; we are all impacted upon, directly or indirectly.

The wheels of the UK immigration system have slowed down and many immigration applicants are experiencing severe financial limitations due to lockdowns, quarantines and loss of personal income. We have to deal with unprecedented practical difficulties, think outside of the box and come up with solutions to help mitigate the losses that some of our clients have to face.

The question is, should you put your immigration plans on hold? If so, for how long?

I sincerely believe that every day is precious. As someone has said; “Every day is a new life to a wise man.” Why not use the extra time you now have to plan carefully, get your ducks in a row and launch as soon as restrictions are lifted?

Yes, we have heard you. Professional fees could be high, particularly in the current climate. We have therefore decided to massively reduce our fees by between 30% and 40% and come up with a three-phased fixed fee plan to pay for your application. No strings attached, no hidden surprises – just a professional high standard service at an affordable fee.

For further information and advice please write to us at info@depner-immigration.com or call 0333 200 5158

For more information and assistance contact info@depner-immigration.com
Daniel Dippenaar – Barrister-Immigration Consultant 23 April 2020

ARE YOUR ‘IMMIGRATION DUCKS’ IN A ROW TO APPLY FOR INDEFINITE LEAVE TO REMAIN IN THE UK?

Immigration News, Newsletter, Post-Brexit depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

So, Tom, a South African national, is married to Sue who is a British …citizen. They have no children and are both working and living in the UK. Tom wants to know if he is eligible for settlement (indefinite leave to remain) in the UK.
First, Tom will need to check if his current UK visa is based on being Sue’s partner (“partner” includes being a husband/wife, or civil partner, or in a relationship that’s like a marriage or civil partnership).
Tom must also prove that he and Sue have been living together since his last visa renewal and that he intends to continue this relationship after he applies.
Most commonly, persons like Tom must have been living in the UK for 5 years.
Note: In some instances, a 2-year or 10-year route may apply.
(Tip: See Home Office letter when ‘leave to remain’ was last approved).
Tom’s age falls between 18 and 64 years and he must therefore also show that he has passed the Life in the UK test and that he meets the English language requirements.
Tom’s application can be refused if for example, he has a criminal record in the UK or another country or provided false or incomplete information to the Home Office or broken UK immigration law.
Proof of finances:
Assuming Tom is on the 5-year route, he and Sue is likely to need to prove that he, or she, or they jointly, have at least £18,600 a year available to them (noting that they have no children). If they had a child, the amount would have been £22,400 a year and with more children £2,400 a year for each additional child they have.
As on the date of writing, the Home Office will charge Tom £2,389 for his application and an extra £800 if Tom wants to make use of the super priority service.

Daniel Dippenaar – Barrister Immigration Consultant 12 April 2019