EEA Family Permit After Brexit

Currently, the Brexit date is set for 31st January 2020. Brexit is when the UK leaves the EU with or without a deal. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that the UK would leave the EU without a deal. With the recent victory of Boris Johnson, it is quite likely that a deal will be passed. However, whether a deal is passed or not passed what happens to an EEA national living in the UK and what happens to their family members is a question.

Settlement scheme for EEA nationals

As of now EU and EEA nationals living in the UK until 30 June 2021 or 31 December 2020 in case the UK leaves the EU without a deal.

There are already new laws drafted pertaining to the right to be granted to the EU national under Appendix EU of the Immigration Rules. Now it only stands a matter when we lose the EEA Regulations and adopt functioning under the new law.

Settled Status & Pre-settled status

Settled status means you have permanent residence or indefinite leave to remain in the UK. With settled status, you become an ordinary resident in the UK. There will be no immigration restriction on the length of time you stay in the UK. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status.

Pre-settled status is for those EEA nationals who come to the UK by 31st December 2020 and have not completed 5 years of continuous residence in the UK. They can apply for pre-settled status that will enable them to stay in the UK until they complete 5 years here, after which they will be eligible to apply for settled status.

 

EEA Family Permit for non-EEA nationals after Brexit

Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? Will they still be able to apply for an EEA family permit? The answer is yes. EEA family permit would still be applicable allowing applicants to come to the UK provided they meet the following conditions.

  • They are from outside the EEA or Switzerland.
  • They are a family member of an EEA (excluding UK nationals) or Swiss national.
  • They apply from outside the UK.

Each family member of those from EU, EEA or Switzerland should apply under the Appedix EU for pre-settled, settled of or the EEA Family Permit status from outside the UK.

EU nationals are all expected to hold a settled or pre-settled status before their partner can apply for right to come to the UK.

EU Settlement Scheme Family Permit

If you are the close family member of an EEA national who has ‘settled’ or ‘pre-settled’ status in the UK, you can apply for the EU Settlement Scheme Family permit. Close family member, her means you should be spouse, civil partner, dependent child or dependent parent of an EEA national.

 

EEA Family Permit

If you are a close or extended family member of an EEA national, you can apply for an EEA family permit. Extended family member means you are a brother, sister, aunt, uncle, cousin, nephew or niece.

You also need to submit the required documents in order to apply for the EEA family permit successfully.

Should you wish to apply using our professional advice please complete the contact us form.

UK Immigration Appeal

Many applicants apply for a UK visa every year in different visa categories. But this is an unfortunate truth that many of such applicant’s visa applications get rejected for one or the other reason. This means that the Home Office decision does not go your way always. Sometimes the reason for rejection is genuine and sometimes it is because you made some small mistakes such as not filling up the form correctly and in the format required. It is highly recommended that you seek expert advice before making a visa application.

What if your visa application has been refused?

It will depend on the type of application you have submitted whether you will have a right to appeal against the decision or not. For example – visitor visas do not carry a right of appeal, however, if at the stage of making the application the applicant raised human rights arguments then the refusal of a visitor visa can still be challenged.

However, if you have been refused a point-based system application you will only be granted a right to administrative review and not a right to appeal the decision. It is very important how the application is prepared a represented to have the best possible chance of success.

In some cases it is possible to request a reconsideration of the application, however, this depends on factors amount to the refusal of the application. Reconsideration is a cheap way to get a positive outcome if the application has been refused, however, this is not a guarantee that the Home Office will reconsider the decision but it does work out well in some cases.

TimeLine for Appeal

If you have been granted a right of appeal from outside the UK you will be granted 28 days to appeal against the decision from the date of receipt of the decision. If the application has been refused from within the UK you will be granted 14 days from the date of the decision to appeal.

 When to seek UK Visa and appeal service?

If you find the application process complex then you should seek expert service. If your visa application has been refused and you want to challenge the decision of the Home Office and thus choose to go for an appeal or administrative review as the case may be, you should seek expert advice before landing yourself into trouble. Also, if you don’t wish to go for appeal and simply want to reapply, you should go for expert advice to make sure that you are able to remedy the shortcomings.

Appeal Costs

The court fee is fixed to £80 for a paper hearing and £140 for an oral hearing. The representative’s fee depends on the complexity of the case. The appeals can be done online by using this link – https://immigrationappealsonline.justice.gov.uk/IACFees/.

 Appeal Work Involved

Appeals, in general, involve the following work –

  • Drafting Grounds of Appeal;
  • Completing relevant forms (all appeal forms can be found on gov.uk website)
  • Preparing Witness statements;
  • Gathering the relevant evidence in support of the appeal;
  • Preparing the bundles of appeal;
  • Liaising with the court and Home Office;
  • Preparing Skeleton Arguments;
  • Representing the appellant at the courts.

If you are looking for professional advice on Appealing a refusal please speak with our experts on +44 (0) 2034111261

Indefinite leave to remain for HM Forces Employees

HM Forces stand for Her Majesty’s Forces and also known as British Armed forces. HM forces consist of the Royal Navy, the British Army, and the Royal Air Force. They are responsible for the defense of the UK, its overseas territories and the Crown dependencies and they include standing forces, regular reserves, volunteer reserves, and sponsored reserves.

UK Armed forces exempt from immigration control

Serving members of HM armed forces are free from restrictions arising by the UK immigration laws. They can seek to get enlisted with the appropriate department of HM Armed Forces, and once enlisted they are entitled to get their passport stamped accordingly to confirm their freedom from immigration restrictions whilst they are serving.

Certain members of the armed forces only while they are serving are exempted from the immigration control under section 8(4) of the immigration act 1971. So, the following individuals are regarded as exempt from control.

  • A member of the HM forces subject to service law (Royal Navy, British Army or Royal Air Force); or
  • A member of a Commonwealth force or a force raised under the law of an associated state, colony, protectorate or protected state who is undergoing or due to undergo training in the UK with anybody, contingent or detachment of the home forces including NATO forces; or
  • One who is serving or posted for service in the UK as a member of a visiting force including NATO forces; or
  • One who is posted for service as a member of an international headquarters or defense organization.

Dependents of HM forces are not exempt from the immigration control

There are specific provisions for the dependents of members of the armed forces within the immigration rules. So these provisions don’t exempt dependents of the members of HM forces from immigration control; however, there are specific provisions for the dependents of military personnel of NATO and Commonwealth countries (or those who also qualify under section 8(4) of the Immigration Act 1971) posted for service in the UK. They are exempt from the requirement to provide biometrics. But dependents of armed forces that are not exempt from immigration control and who are coming to the UK for training are also not exempt from immigration control.

A member of the HM armed forces while is serving in the UK and while they remain exempt from immigration control can apply for their spouses/civil partners and children to travel to the UK.

Applying for ILR after discharged from HM armed forces

Till the time someone is serving in HM armed forces in the UK, he is exempt from immigration control. However, once their period of enlistment, service or training is over, they will cease to be exempt from immigration control. After their term is over they either need to leave or apply to regularize their stay in the UK. Now, if they wish to continue to stay in the UK they can apply for the indefinite leave to remain.

If the applicant meets the following conditions, he may be granted the ILR:

  • He has completed at least 4 years’ service with HM Armed Forces;
  • He has been medically discharged from the HM Forces;
  • He was discharged from HM Armed Forces on completion of engagement;
  • He was not discharged more than 2 years before the date of application; and
  • He holds a valid entry clearance to the UK in that capacity.

If you are looking to apply for Indefinite Leave to Remain on the basis of being discharged from the HM Forces, contact Visa and Migration Ltd on 02034111261