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

www.depner-immigration.com

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

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)

COMMONWEALTH CITIZENS AND APPENDIX UK ANCESTRY

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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)

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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

REGISTERING YOUR CHILD AS A BRITISH CITIZEN?

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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