WHAT IS ‘ADEQUATE ACCOMMODATION’ IN THE CONTEXT OF 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

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)

#Immigration #spousalsponsorship #immigration #visaconsultants #british

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