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REACHING THE END OF UK ANCESTRY TERM? TIME FOR UK-ANCESTRY-ILR?

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REACHING THE END OF UK ANCESTRY TERM? TIME FOR UK-ANCESTRY-ILR?

So often people can be mistaken to believe that settlement requirements are the same for all ILR (indefinite leave to remain) applications. This is NOT the case.

The first determination to make is to know what the applicant’s current UK status is. What type of residence permit does he or she hold?
Assuming that an applicant (for settlement) is in the UK under the ancestry rules, the requirements to be met include aspects of validity, suitability, absences and work and financial requirements set out in the relatively recently introduced “Appendix UK Ancestry” (amendment to UK immigration rules). The lead applicant needs to show that he/she has spent five years in the UK with permission on the UK Ancestry route. UK ancestry evidence must be provided again (even though this is likely to have been done in an earlier application).
It is important to note that dependants (partner and minor children) of the lead applicant will not have to show that they have been in the UK for five years; for example, if they arrived in the UK on a later date than the lead applicant. The dependant will normally follow the lead applicant’s approved status.
For more information please contact:
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)
Tel : +44(0)333 200 5158
Email : info@depner-immigration.com

NATURALISATION: MARRIED TO A BRITIISH CITIZEN?

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NATURALISATION: MARRIED TO A BRITIISH CITIZEN?
The requirements to be met to naturalise as a British citizen vary depending on whether the applicant is married or in a civil partnership with a British citizen.
If married or in a civil partnership with a British citizen, the applicant must meet the requirements of section 6(2) of the British Nationality Act 1981.
Anyone else is required to meet the requirements of section 6(1) of the British Nationality Act 1981.
The real advantage of a section 6(2) application is that it can usually be made immediately after ILR (settlement) has been granted whereas an applicant under section 6(1) requires settlement status of at least 12 months prior to applying to be naturalised as a British citizen.
For futher information please contact:
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)
Tel : +44(0)333 200 5158
Email : info@depner-immigration.com

SINGLE PARENT: ‘SOLE RESPONSIBILITY’ FOR A MINOR CHILD?

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SINGLE PARENT: ‘SOLE RESPONSIBILITY’ FOR A MINOR CHILD?
Sue lives outside of the UK. She has a British passport and wishes to move to the UK on a permanent basis to work and live here with her minor son Pete (non-British), currently 6 years of age.
Pete is not able to claim British citizenship through his mother (who was born outside of the UK). Sue is divorced and responsible for Pete’s day to day upbringing.
One of the common requirements to bringing a non-British minor child to the UK applicable to most routes (visa types) relates to the question on who, which parent, is responsible for the minor child (on the assumption that only one parent is moving to the UK).
A single parent must be able to prove that he/she has sole responsibility for the minor child. ‘Sole responsibility’ must be proven on the facts. It will not be sufficient for the other parent to simply consent to the minor child being removed to the UK to live here permanently. One needs to look carefully at the role each parent has played or continuous to play in the child’s life, the permanency thereof and past or current contributions made.
In some instances, it will be prudent to obtain a court order before submitting a visa application confirming that sole responsibility for a minor child has been granted to the parent wishing to relocate to the UK.
The bottom line is that evidence that ultimate control rests with the sponsoring parent will be required.
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)
Tel : +44(0)333 200 5158
Email : info@depner-immigration.com

FOCUSSING ON FAMILIES

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FOCUSSING ON FAMILIES
Applying for a family type visa is NOT a simple process.
Not a week goes by that we don’t hear from applicants whose applications were refused for one reason or another.
Different eligibility requirements apply depending upon whether the application is to ENTER the UK, REMAIN in the UK or ILR in the UK. A quick glance at Appendix FM of the UK immigration Rules will reveal that it isn’t easy reading; far from it.
Senior judges have expressed their discontent with the manner in which these rules have been drafted. Yet, there is no process of simplification in sight.
Whether you will be making your first application as the partner of a British citizen or UK settled person – or need to extend your current leave to remain – or now need to apply for settlement; – contact DEPNER IMMIGRATION CONSULTANTS – we are here to help you securing a successful outcome.
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)
Tel : +44(0)333 200 5158
Email : info@depner-immigration.com

HELP! FAMILY WANTS TO MOVE TO THE UK!

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HELP! FAMILY WANTS TO MOVE TO THE UK!
Wouldn’t it be ideal if one could simply submit one application to bring a family of, say 4, from abroad to the UK to live and work here? All arriving at the same time?!
However, it is often the case that the UK status of each member of the family may differ. Say for instance the mother, let’s call her Samantha, is a British citizen by descent. Her two minor children were born abroad (not in the UK). Samantha now lives in South Africa, but worked in the UK for a period of three years before the birth of her first child. Her husband, Peter, is a South African national and has no family connections in the United Kingdom.
In this scenario several options will have to be considered. Will Samantha be able to sponsor Peter for a spousal visa? Who will be her dependants for purposes of sponsorship? Can her first born child be registered as a British citizen? If so, how will it impact on the rest of the family members’ applications?
It should be clear from the above that this family may need assistance, not only with multiple applications, but with the whole process of planning and working strategically towards avoiding the separation of family members if this is at all possible.
DEPNER IMMIGRATION CONSULTANTS specialise in UK family immigration law bringing and keeping families together in the UK.
Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member
Regulated by the Bar Standards Board (Bar Council of England and Wales)
Tel : +44(0)333 200 5158
Email : info@depner-immigration.com

IS INDEFINITE LEAVE TO REMAIN IN THE UK INDEFINITE? – RETURNING RESIDENTS

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By law, if you have acquired settled status (ILR), and have been absent from the UK for more than 2 consecutive years, you will automatically lose your indefinite leave to remain.

Can you ‘revive’ your ILR status?

…

The short answer is YES. Having been absent for more than 2 years you will have to apply for entry clearance as a returning resident. You will have to show that:

• You plan to return to live in the UK permanently.
• You have been settled in the UK before you last left.
• You have not been given public funds to help you leave the UK.

You will also have to provide evidence to show that you have strong ties to the UK, give details of and your current circumstances and explain why you’ve lived outside the UK.

Exceptions do apply but are not discussed here. If you have dependants (partner and children under 18), they will unfortunately have to apply separately for a Returning Resident visa if they’re eligible.

We strongly RECOMMEND that you obtain professional advice when compiling and submitting evidence to ensure that the guidelines issued to Home Office staff in the exercise of their statutory discretion are met.

Daniel Dippenaar – Barrister Immigration Consultant 31 May 2019

Family visa for your fiancé, fiancée or proposed civil partner?

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The love of your life now has the ring on her finger (let’s call her Susan); but she doesn’t have UK entry clearance (needs a visa) and is still living abroad. Do you (we shall call you Peter, a British citizen) first have to marry Susan before she will be able to join you here in the UK?

If both Peter and Susan are 18 years or over and Peter is either a British citizen or has settled in the UK (indefinite leav…e to remain) and they can show that they intend to live together permanently in the UK after they have applied, a family visa might be available subject to meeting all criteria.

Generally, if you are a fiancé, fiancée or proposed civil partner you will need to show that you and will marry or enter into a civil partnership in the UK within 6 months of arriving in the UK.

You may also need to show that you have a good knowledge of English and that financially your joint combined income will suffice to support yourself and dependants, if any.

Peter and Susan will have to prove also that any previous marriages or civil partnerships have ended. Unfortunately, Susan will not be able to work during her engagement.

Susan will be permitted to stay in the UK for 6 months (to become married or enter into a civil partnership). She should then, after this period, be able to extend her visa to remain in the UK.

Daniel Dippenaar – Barrister Immigration Consultant  16 May 2019

SPOUSES, PARTNERS AND ‘MY LOVELY’

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Appendix FM of the Immigration Rules

You won’t be surprised if a total stranger in Britain casually calls you ‘my lovely’ or ‘my dear’. It could be the lady (much younger or older than you) serving you in a pub, or a civil servant working for HMR&C when you call to chat about an income tax concern! All very British and oh so very ‘lovely’!
However, bringing your spouse, partner or love of your life TO ENTER THE UK (or to remain here in the …UK) is not quite as casual and can be very stressful if you are not well advised and guided through the various requirements and supporting evidence that must be produced.
You may have heard of ‘Appendix FM’ which brings together the Immigration Rules on applications from certain ‘family members’ who are applying to join, or remain with, a relative settled in the UK from 9 July 2012. A quick glance at Appendix FM will convince anyone not to attempt reading this very confusing and user-unfriendly set of rules at bedtime … I recommend early morning reading and strong black coffee to get through these. No guaranty however that these rules will make immediate sense.
The easy bits to follow (well, sort of) are the requirements to be met for ENTRY clearance:
a) That the applicant must be outside the UK;
b) Must have made a valid application for entry clearance as a partner (You wouldn’t want an immigration officer saying to you; “So sorry my lovely, but I have no other option than sending you back home!” Yes, that is how the Brits do it!)
c) The applicant must be suitable (basically, you are of good character and a law-abiding person).
AND, … HERE IT COMES!
d) THE APPLICANT MUST MEET ALL THE REQUIREMENTS OF SECTION E-ECP: Eligibility for entry clearance as a partner.
This section (E-ECP) broadly deals with requirements set for your partner (British citizen or settled); genuine relationships, financial requirements (gross annual income), what income sources will be taken into account, accommodation requirements, English language requirement, etc. Each of these requirements has ‘content’; a meaning to be considered; e.g. what is ‘adequate accommodation’?
If you need assistance to bringing ‘your lovely’ to the UK (or want him/her to remain) on the basis of your family life (you are a British citizen or settled in the UK), please contact the author, at Depner Immigration Consultants.

Daniel Dippenaar – Barrister Immigration Consultant 3 May 2019

Maternal grandparents can do it!

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Immigration
Commonwealth citizens? United Kingdom ancestry?
When asked to advise on ancestry visas, some inform that they were/are under the impression that they would qualify only through a paternal grandparent, which is incorrect!

(Note the importance of grandparents born before 31 March 1922 in Ireland)

So, for those who need authority for this aspect, we have decided to ‘post’ the whole of paragraph 186 of the UK Immigration Rules, which reads as follows:

186.The requirements to be met by a person seeking leave to enter the United Kingdom on the grounds of his United Kingdom ancestry are that he:
(i) is a Commonwealth citizen; and
(ii) is aged 17 or over; and
(iii) is able to provide proof that one of his grandparents was born in the United Kingdom and ISLANDS and that any such grandparent is the applicant’s blood grandparent or grandparent by reason of an adoption recognised by the laws of the United Kingdom relating to adoption; and
(iv) is able to work and intends to take or seek employment in the United Kingdom; and
(v) will be able to maintain and accommodate himself and any dependants adequately without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.

“ISLANDS” refers to the Channel Islands and the Isle of Man. If the grandparent was born before 31 March 1922 in Ireland; an ancestry visa will be issued subject to meeting the rest of the criteria.

Daniel Dippenaar, Barrister-Immigration Consultant  15 February 2019