CHILDREN BORN IN THE UK OF PARENTS GRANTED SETTLED STATUS OR BRITISH CITIZENSHIP

CHILDREN BORN IN THE UK OF PARENTS GRANTED SETTLED STATUS OR BRITISH CITIZENSHIP:

John and Mary are South African citizens living and working in the UK and will shortly be applying for indefinite leave to remain (UK settlement status).

Their two children were both born here in England. Can they apply for them to get British passports? Are they entitled automatically to claim British citizenship?

ANSWER: The British Nationality Act 1981 came in force on 1 January 1983 creating a nationality of British citizenship.

As the children were born after 1982, they would be entitled to apply under the BNA to be registered as British citizens (while under 18) as soon as John or Mary becomes a British citizen or is granted settled status in the United Kingdom.

A passport is, in essence, a travel document. The children will be able to apply for their passports after being registered as British citizens.

Note that if a minor applicant is 10 years or older, he/she will also have to satisfy the Secretary of State that he/she is of good character.

So, please make sure that your children behave well or get him registered before their 10th birthday!

CHILDREN AT THE AIRPORT WALKING WITH LUGGAGE

DEPNER IMMIGRATION CONSULTANTS provide clear guidance, fixed fees, and peace of mind support.
email: info@depner-immigration.com
www.depner-immigration.com

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.

Evidence that ultimate control rests with the sponsoring parent will be required.

DEPNER IMMIGRATION CONSULTANTS provide clear guidance, fixed fees, and peace of mind support.

info@depner-immigration.com

www.depner-immigration.com

ANOTHER SUCCESS STORY: BRITISH CITIZENSHIP – THE ULTIMATE GOAL!

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Jeanne Mortimer recently naturalised as a British citizenship. Congratulations and thank you for your lovely photo!

WHY IS BRITISH CITIZENSHIP SO IMPORTANT?

It represents more than legal status, it also signifies a commitment to shared values such as democracy, equality, and respect for the rule of law. It offers the opportunity to participate in civic life, including the right to vote and stand for public office, which are essential aspects of shaping the future of the nation.

There are also practical benefits to becoming a British citizen: • Security and Stability: Citizenship provides permanent status, removing the uncertainties associated with visas or residency renewals.
• Global Mobility: A British passport allows visa-free or visa-on-arrival access to many countries, facilitating international travel.
• Access to Opportunities: Citizens can access certain public services, financial support, and employment opportunities that may be restricted to non-citizens.
• Family and Community: Citizenship strengthens the sense of belonging and allows for easier family reunification and long-term planning

Ultimately, the goal is to contribute meaningfully to the UK. Becoming a British citizen is, for most, a proud milestone, a commitment to the country that has become one’s home.

DEPNER IMMIGRATION CONSULTANTS provide clear guidance, fixed fees, and peace of mind support.
email: info@depner-immigration.com
www.depner-immigration.com

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

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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

Website : www.depner-immigration.com

#visaconsultants #british #citizenship #ILR #emigrating

NATURALISATION: MARRIED TO A BRITIISH CITIZEN?

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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

Website : www.depner-immigration.com

#visaconsultants #british #citizenship #ILR

FOCUSSING ON FAMILIES

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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

Website : www.depner-immigration.com

#visaconsultants #british #citizenship #ILR

HELP! FAMILY WANTS TO MOVE TO THE UK!

Uncategorized citizenship; specialist in immigration, depner immigration consultants; immigration consultants, immigration specialists immigration specialists

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

Website : www.depner-immigration.com

#visaconsultants #british #citizenship #ILR #emigrating

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)

HAPPY CLIENTS MAKING US HAPPY!

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

Here at Depner Immigration Consultants it is sincerely appreciated when a client makes the effort to thank us for all the hard work.

“I was very grateful to find Depner Immigration Consultants on the “South Africans Immigrating to the UK” Facebook page. Daniel, who dealt with our case, has been a life saver!! We had NO idea what forms to complete for my son’s citizenship and got split advice on which to complete knowing if we did the wrong application we would lose the £1300. Daniel contacted me immediately after I left a message on FB messenger, we arranged a Teams Meeting within days and he has been amazing with his advice and services, he always keeps you in the loop and he does all the work for you when it comes to having to contact anyone, he responds within hours of emailing him…not days.

I would HIGHLY recommend his services and would definitely use him again should the need arise.

Thank you Daniel for your patience, understanding and professionalism at all times.”

KIM HAND

Happy Client Depner Immigration ConsultantsBelieve it or not, UK immigration rules are extremely complex, often appear to be inconsistent (and could very well be) and difficult to interpret. Advice of some members of the public on FB, however well intended, are often wrong and, if followed, may lead to applications failing or being refused outright.

For assistance and advice contact DEPNER IMMIGRATION CONSULTANTS at info@depner-immigration.com or call 0333 2005158.

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

CHILD BORN IN THE UK WHO ISN’T A BRITISH CITIZEN

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

John and Mary (both South Africans) are in the UK with limited leave to remain; John under the ancestral route (his grandmother was born in Scotland) and Mary as his dependant partner. They are not yet settled (do not have ILR).

Their son Charlie was born two weeks ago here in the UK. As his parents are not British or settled, he isn’t a British citizen at birth.

Clearly, he will have a British birth certificate and will be able to apply for a South African passport, but what is his UK immigration status?

Under para 305 (Part 8 UK Immigration Rules) baby Charlie’s position could be ‘regularised’ (see next paragraph) if it is shown that:

• he will remain in the UK with John and/or Mary;
• on the date of his application he is still under the age of 18;
(If he applies now, this shouldn’t be too difficult for x 2 weeks old Charlie!)
• he was born in the United Kingdom (we know he was); and
• is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
• (where an application is made for leave to enter) Charlie has not been away from the United Kingdom for more than 2 years.

If he applies, Charlie is likely to receive leave in line with the parent who has the longest leave period. If indefinite, his leave will also be indefinite.

However, it is important to note in terms of Chapter 8, Section 4A Immigration Directorates’ Instructions Charlie is not unlawfully in the UK. Moreover, he is NOT REQUIRED to apply for leave to remain. In time, he may very well be able to apply for registration as a British citizen (British Nationality Act 1981). Charlie’s future prospects for British citizenship will be discussed in our next delivery.

For more information and assistance contact info@depner-immigration.com

Daniel Dippenaar – Barrister-Immigration Consultant 12 March 2020

ANCESTRY ENTRY CLEARANCE TO THE UK – BUT HAVE YOU THOUGHT ABOUT THE FELLOW IN THE MIDDLE (see photo)?

Immigration News ancestral visa, ancestral visas, ancestry entry clearance, ancestry entry clearance visa, ascendant; British born ascendant, british born grandparent, british citizen, british grandparent, citizenship, depner immigration consultants, immigation, immigration permits, immigration specialists, maternal grandparent, paternal grandparent, specialist in immigration

Three generations; SCOTTY, born in the UK; his son JACK born in a Commonwealth country and OLIVER, Jack’s son, born in the same Commonwealth country.

Jack holds a South African passport, so does Oliver.

Oliver’s UK born granddad potentially opens up the UK ancestry route to him and his immediate family members (spouse / partner / children) to work and live in the UK. Of course, we will assume that Oliver is over the age of 17.

BUT WHAT ABOUT JACK AND HIS WIFE (Oliver’s mother)? Jack is married to a non-EU citizen – lovely SARAH.

Returning to the three generations; what we have here is a British citizen (granddad Scotty), British citizen by descent (father Jack) and Oliver (grandson claiming ancestry).

Jack, if he doesn’t have one yet, will have to apply for his FIRST British passport. As a confirmed British citizen, he may very well be able to bring Sarah to the UK as his dependant. However, he will have to apply under the ‘super-strict’ requirements of Appendix FM of the UK immigration rules applicable to British citizens bringing such a spouse/partner to the UK.

Oliver on the other hand, assuming he has immediate family dependants of his own, would fall under an entirely different set of rules which are less strict and open for discretionary application by UK Home Office caseworkers.

For all your FIRST UK passport applications, ancestral and family visas, enquiries and assistance, please contact DEPNER IMMIGRATION CONSULTANTS at 0333 200 5158

For more information and assistance contact info@depner-immigration.com
Daniel Dippenaar – Barrister-Immigration Consultant 6 March 2020

REGISTERING YOUR CHILD AS A BRITISH CITIZEN?

Immigration News british citizen, citizenship, depner immigration consultants depner immigration consultants, immigation, immigration immigration, immigration permits, immigration specialists immigration specialists, permits immigation permits

Your first point of call in relation to British citizenship will usually require a thorough understanding of the British Nationality Act 1981.

It provides a number of sections, each with different requirements for children to be registered as a British citizen.

Sections 1(3), 1(3A) and 1(4): registration by entitlement for those born in the UK after 1 January 1983.

Section 1(4): entitlement provision for either a child or an adult.

Sections 3(2) and 3(5): entitlement of minors born outside the UK and qualifying territories to British citizens by descent.

And finally, section 3(1): discretionary provision for registration as a minor.

Today, these notes will deal with only one of the above; section 1(3):

A child is entitled to registration under section 1(3) if he/she was born in the UK, but didn’t become a British citizen at birth, because at the time neither parent was a British citizen or settled in the UK. If either of the parents of such a child (after his/her birth) becomes a British citizen or settled in the UK and the child is still a minor at that time and can show that he/she is of good character (if over the age of 10) British citizenship otherwise than by descent is likely to be granted by registration.

It should be noted that the application must be received when the child is still under the age of 18.

For more information and assistance contact info@depner-immigration.com

Daniel Dippenaar – Barrister-Immigration Consultant 28 February 2020

UK NATURALISATION

Immigration News depner immigration consultants, immigation permits, immigration, immigration permits, immigration specialists

One of the legal processes by which a person can change his/her nationality is called ‘naturalisation’. More to the point; a person can attain British citizenship through naturalisation.

Eligibility criteria and requirements have been amended over the years and in some instances drastically changed. It is important to know that if you successfully apply you will be granted the same rights and UK status as a natural-born British citizen. You will be a Briti…sh citizen otherwise than by descent. So, if after you have been so naturalised, you have children born outside of the UK they would most likely be classified as British citizens by descent.

Once approved (and you are over 18 years) you will receive an invitation to attend a citizenship ceremony. You will be asked to affirm or swear an oath of allegiance to Her Majesty the Queen and to pledge your loyalty to the UK.

And finally, you will be able to apply for your British passport!

For more information and assistance contact info@depner-immigration.com

Daniel Dippenaar – Barrister-Immigration Consultant 14 June 2019

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

COMMONWEALTH CITIZENS – BRITISH ANCESTRY VISA & INDEFINITE LEAVE TO REMAIN – A NOTE OF CAUTION:

Immigration News immigration, immigration permits, immigration specialists, visa applications

So, you are a Commonwealth citizen, you have established that your UK born grandparent (maternal or paternal) passed on to you a route of entry into the UK. Hence, you have applied for an ancestry-visa from outside the UK. You have also asked to bring your spouse with you and the two of you are now living and working in the UK.
Mission accomplished?
Having gone through the first… process (and having paid quite a lot of money to make it happen), you will know that with this visa you can stay in the UK for 5 years, you can apply to have it extended and you can also apply to settle in the UK permanently. And yes, you can work, study and bring family members subject to eligibility.
But have you considered what happens at the end of your first 5 years in the UK? Will you be able to comply with the requirements for settlement (indefinite leave to remain)? What is likely to happen if you apply but fail to provide SPECIFIED evidence (‘specified’ is emphasised because the current Immigration Rules, Appendix FM-SE specifies and limits the sources from which you will be permitted to produce evidence)? Will this set you back for another 5 years; i.e. will you be forced to extend your current visa (and pay Home Office Fees and Health Surcharges for a further 5 years, effectively taking you on what is referred to as the 10-year route? Or will your application simply fail because your application is considered to be ‘invalid’? How are you going to collate evidence which doesn’t exist because you didn’t know in advance that you would require it at the end of the ‘qualifying period’?
The golden rule is not to procrastinate. Get advice early. The sooner the better. Don’t wait until a month or two before your visa expires – it may just be too late!
For assistance and advice please contact Depner Immigration Consultants www.depner-immigration.com at info@depner-immigration.com

Daniel Dippenaar – Barrister Immigration Consultant 10 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

KNOCKING ON THE UK “RIGHT OF ABODE” DOOR?

Immigration News immigation permits, immigration, immigration specialists, visa applications

In an immigration context your right of abode, if you have such a right, could open an entry door into the UK. UK right of abode, for some, is a specific immigration status. It entails living and coming to and from the UK not being subject to immigration control as it would be for a British citizen.
Certain Commonwealth citizens who held the right of abode in the UK before 1983 retained that status on and after 1 January 1983 (see Im…migration Act 1971).
Notably, from 1983 only British citizens may acquire the right of abode.
If you believe that you might be such a Commonwealth citizen or have a family member who fits that description, please write to Depner Immigration Consultants and enquire about our status check service.
Daniel Dippenaar – Barrister Immigration-consultant – 18 April 2019

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

Accommodation requirements for Dependants-Visas coming to live in the UK?

Immigration News depner immigration consultants, immigration, immigration permits, visa applications

Para E-ECP.3.4. of the IMMIGRATION RULES APPENDIX FM: FAMILY MEMBERS determines that an applicant applying to join a family member in the UK (e.g. a spouse or child dependant) will have to provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the FAMILY OWN OR OCCUPY EXCLUSIVELY: accommodation will not be regarded as adequate if-
(a) it is, or will be, overcrowded; or
(b) it contravenes public health regulations.
Section 324 of The Housing Act 1985 determines whether or not accommodation is overcrowded.
Two tests are applied which are referred to as the ‘room standard’ and ‘space standard’ These tests look for instance at whether children over 10 of the opposite sex will have to share a room and whether the number of people sleeping in the property exceeds that permitted by the Housing Act 1985.
Daniel Dippenaar – Barrister Immigration Consultant 22 February 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

British citizen BY DESCENT or British citizen OTHERWISE THAN BY DESCENT? And SUBSEQUENT GENERATIONS?

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

Simply put, if you have acquired British citizenship by birth in the UK, or by registration (as a child), or by naturalisation you are classified as a British citizen OTHERWISE THAN BY DESCENT. Your child will AUTOMATICALLY become a British citizen irrespective of where he/she was born (in or outside the UK).

However, if you were born outside the UK and relied on the fact that one or both of your parents is a British citizen to acquire British citizenship, you will be classified as a British citizen BY DESCENT. If your child is then also born outside the UK your child will NOT AUTOMATICALLY become a British citizen.

SUBSEQUENT GENERATIONS?

But, there is always a BUT somewhere isn’t there?

Second-generation children (i.e. grandchildren) born outside of the UK can in some circumstances be registered abroad at the British consulate as British citizens by descent.

Let’s use an example:
Thomas was born in Cape Town, South Africa in 2006 (now 13 years of age). Thomas’ dad, James, was born in Spain in 1975 and his mother, Sarah, is a German citizen. Thomas’ granddad, Larry, was born in London, England, in 1952.
So, in this example:
Granddad Larry is a British citizen otherwise than by descent.
Father James was born outside the UK before 1983 and is a British citizen by descent.
So, what about his son, Thomas? Thomas, also born outside the UK to a dad who is a British citizen by descent. In line with my general explanation above, Thomas will not automatically become a British citizen.

BUT, (and I warned there will be a BUT) if James (Thomas’ dad) had been resident in the UK before James was born for a continuous period of three years, not being absent for more than 270 days in that period, James will be able to be registered as a British citizen by descent in Cape Town at the British consulate! Because James is a child over 10, he will also have to satisfy the Secretary of State that he is of good character.

IN CONCLUSION, James is able to register outside the UK as a British citizen by descent even though he has never set foot in the UK, but because he has a father who is a British citizen by descent who was resident in the UK before James was born.

Note: If you have questions to ask and are in need of advice on UK immigration status matters, please send an email to info@depner-immigration.com

Daniel Dippenaar 1 February 2019

British citizen: Born OUTSIDE the UK?

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

I have previously written about the complexities of British Nationality law and the importance of the date; 1 January 1983 (after 1982):
Born IN the UK BEFORE 1983?
You are a British citizen.
Born IN the UK AFTER 1982, i.e. on or after 1 January 1983?
If one of your parents was at the time of your birth either a British citizen or settled in the UK, you are a British citizen.
These are the basic principles introduced by the British Nationality Act 1981.

But what if you were born OUTSIDE THE UK AFTER 1982?

If:
(a) One of your parents was a British citizen otherwise than by decent by birth in the UK, you are a British citizen.
(b) One of your parents registered or naturalised as a British citizen before your birth, you are a British citizen.

These are by no means the only way to be or to become a British citizen. I will in a later contribution deal with: British citizenship; subsequent generations?
Daniel Dippenaar 30 January 2019

Government outlines no deal arrangements for EU citizens

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

Home Secretary Sajid Javid has yesterday (28 January 2019) set out provisions for EU citizens coming to the UK after EU exit in the event of a no deal.
If Britain leaves the EU without agreeing a deal, the government will seek to end free movement as soon as possible and has introduced an Immigration Bill to achieve this. For a transitional period only, EEA citizens and their family members, including Swiss citizens, will still be able to come to the UK for visits, work or study and they will be able to enter the UK as they do now.
However, to stay longer than 3 months they will need to apply for permission and receive European Temporary Leave to Remain, which is valid for a further 3 years.
EU citizens wishing to stay for longer than 3 years will need to make a further application under the new skills-based future immigration system, which will begin from 2021.
Home Secretary Sajid Javid said:
“If we leave the EU without a deal we will continue to deliver on the referendum result and end free movement once and for all – giving us full control of our borders for the first time in decades.
However, we need to take a practical approach and minimise disruption to ensure the UK stays open for business. That is why we will introduce time-limited transitional arrangements and grant EU citizens coming after March 29 temporary leave.
Let me be clear. This policy does not apply to those here before exit day, whose rights to live and work will be protected by the EU Settlement Scheme. We want them to stay and value them hugely.”
The information set out yesterday also confirms that if there is no deal:
• EU citizens arriving in the UK who wish to stay longer than 3 months and apply for European Temporary Leave to Remain will be subject to identity, criminality and security checks before being granted permission to stay for three years
• non-EU family members who wish to accompany an EU citizen under these arrangements will need to apply in advance for a family permit
• EU citizens will be able to enter and leave the UK as they do now, using e-gates when travelling on a biometric passport
• the initial 3 months’ leave to enter for EU citizens will be free of charge but applications for European Temporary Leave to Remain will be paid for. Fees will be set out at a later date
• Irish citizens will not need to apply for European Temporary Leave to Remain and will continue to have the right to enter and live in the UK under the Common Travel Area
The Home Secretary has set out plans for a new single skills-based immigration system which will operate from 2021. It will enable employers to attract the skills they need from around the world, while ensuring net migration is reduced to sustainable levels.

Daniel Dippenaar, 29 January 2019

Children born in the UK of parents who, after their child’s birth, become settled or British citizens:

Immigration News immigration, immigration permits, immigration specialists, visa applications

Question: Mike and Susan are South African citizens and will shortly be applying for UK settlement status; i.e. Indefinite Leave to Remain. Their son, Pete, is 3 year old and was born here in England. Can they apply for Pete to get a British passport? Is Pete not automatically a British citizen?

Answer: The British Nationality Act 1981 came in force on 1 January 1983 creating a nationality of British citizenship. Because Pete was born after 1982 he would be entitled to apply under the BNA to be registered as a British citizen while he is a minor (under 18) when Mike or Susan becomes a British citizen or becomes settled in the United Kingdom. A passport is merely proof of citizenship. So, Pete will be able to apply for a passport after being registered as a British citizen.
Note that if Pete waits until he is 10 years or older, he will also have to satisfy the Secretary of State that he is of good character. So, please make sure that Pete behaves well or get him registered before his 10th birthday!

Daniel Dippenaar, 24 January 2019

Post Brexit Earnings?

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

What the government would like EU migrants to earn after Brexit could turn out to be wishful thinking. Surely economic realities and needs of the UK will temper unrealistic expectations?

My advice to all concerned is typically British; ‘stay calm’ and ‘get on with it’!

Or if you are Afrikaans speaking; ‘wees rustig en kry jou eendjies in ‘n ry!’ Die VK het mannekrag (en vrouekrag) nodig – behoeftes sal daar altyd wees en op ‘n persoonlike noot; ‘waar daar ‘n wil is, is daar ‘n weg’.

If there is a way, at Depner Immigration Consultants will find one for you. Get in touch with us.

Daniel Dippenaar, 15 December 2018.

(Click on photo to read more.)

EU migrants must earn £30,000 to enter UK after Brexit in major CRACKDOWN on immigration

THERESA May’s Cabinet has outlined plans for a drastic crackdown on EU migrants after Brexit, according to reports. Once the UK leaves the European Union some EU migrants will be required to earn at least £30,000 before they are eligible to enter the country.

By Luke Walker, Sunday Express, 15 December 2018.

Advance NHS charges for overseas visitors comply with the Equality Act

Immigration News depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a claim that the government had a duty to consult before introducing advance charging and that it had not complied with the public sector equality duty.
Daniel Dippenaar, 20 December 2018.

Withdrawal Agreement and Citizens’ rights?

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What does the Withdrawal Agreement say about citizens’ rights?

By Hannah Wilkins, an Immigration and Asylum Researcher at the House of Commons Library.

The Immigration White Paper

Immigration News immigration, immigration permits, immigration specialists, visa applications

The Immigration white paper setting out post-Brexit immigration system has now been published.

It appears as if immigration matters are moving forward with a sense of urgency?

Depner Immigration Consultants will shortly be commenting on some of the pressing concerns expressed by various institutions. Surely some will benefit from the proposed changes?

Home Secretary Sajid Javid said: “Today’s proposals are the biggest change to our immigration system in a generation. We are taking a skills-based approach to ensure we can attract the brightest and best migrants to the UK.”

Parliament reports: “The Home Secretary confirmed free movement would end after the UK leaves the EU and that to implement this the Government would introduce the Immigration and Social Security Coordination EU Withdrawal Bill. He also announced that there will be a single immigration system for all nationalities. He also confirmed that the UK would introduce a skills based system to attract those who can assist the UK economy.”

If you have the stomach for it you can now read the 168-page white paper (see link below).

Daniel Dippenaar, 20 December 2018.

Immigration White Paper

Depner Immigration Consultants

BREXIT: UK employers must check EU citizens’ right to work in UK

Immigration News immigration, immigration permits, immigration specialists, visa applications

All that is certain at the moment is that here at Depner Immigration Consultants we will have to keep a close eye on immigration policy changes to ensure that our clients’ visa applications are dealt with in accordance with the latest regulations as and when they are amended. White paper expected any day now!
Daniel Dippenaar, 2 November 2018.

BREXIT: UK Employers must check EU citizens’ rights to work in the UK

UK “still committed to migration target”

Immigration News depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

A minister says the 100,000 target has not been ditched despite being left out of draft immigration laws. At Depner Immigration Consultants we try keeping up with all the latest developments.
Daniel Dippenaar, 19 December 2018.

UK ‘still committed to net migration target’

No wonder that IMMIGRATION has become such an emotional hot topic

Immigration News depner immigration consultants, immigration, immigration permits, immigration specialists, visa applications

Keeping abreast of developments in Immigration Law is a daunting task for lawyers, let alone a lay person attempting to make sense of it all. Unsurprisingly most individuals, sponsors and businesses will approach a specialist barrister, solicitor or qualified consultant to manage their visa application processes.
Daniel Dippenaar, 18 December 2018.

Watch here..

Immigration News – NHS Charges

Immigration News

Advance NHS charges for overseas visitors comply with the Equality Act The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a claim that the government had a duty to consult before introducing advance charging and that it had not complied with the public sector equality duty.
Daniel Dippenaar, 20 December 2018.