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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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

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

UK NATURALISATION

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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

ARE YOUR ‘IMMIGRATION DUCKS’ IN A ROW TO APPLY FOR INDEFINITE LEAVE TO REMAIN IN THE UK?

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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?

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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

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

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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

Post Brexit Earnings?

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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.

UK “still committed to migration target”

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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.

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