COMMONWEALTH CITIZENS AND APPENDIX UK ANCESTRY

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!

 

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

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)?

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