british born grandparent

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

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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
 
 

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

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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)

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

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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’

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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!

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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!

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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

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COMMONWEALTH CITIZENS AND APPENDIX UK ANCESTRY

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)

NEED UK IMMIGRATION ASSISTANCE? ACT NOW!

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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

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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)?

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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