The requirements of Immigration Rules with regard to Family migration pose their
own challenges which are not easily comprehensible. We tailor our services to the
needs of each individual client and provide exceptional standards of service. The
focus always is on the clients’ needs and making the immigration process easy and
affordable.
It cannot be overemphasised that one of the trickiest parts of applying for a UK visa
as a spouse or partner are the financial requirements. Appendix FM of the
Immigration Rules contains minimum financial requirements of annual earnings-
£29000-00 (subject to change) - to be met in entry clearance or leave to remain
applications.
The rules for leave to enter and remain are similar, and we will mainly deal with leave
to enter, occasionally highlighting the different requirements applicable to leave to
remain applications. The evidential requirements under Appendix- FM-SE need a
keen eye and meticulous preparation. We make it our business to successfully take
you through the maze of the complex requires for entry clearance through to further
leave to remain and settlement.
Please contact us for:
We offer comprehensive services to EEA nationals and their family members in
relation to all aspects of EEA Regulations and EUSS (European Union Settlement
Scheme). We understand complexities related to the Directives and the EUSS
regime. We offer advice and representation with post Brexit focus.
A family permit refers to an entry clearance visa was available to you if you were the
family member or extended family member of an EEA national and that EEA national
was in the UK exercising their ‘Treaty rights’ or will be coming to the UK to exercise
their ‘Treaty rights’.
Following Brexit this route finished on 30 June 2021. However, there are many
refusals for granting Family Permits under EEA Regulations where the applicants
have been granted Right of Appeal (ROA).
A family permit under EUSS is still available to you if you were the close family
member before 31 December 2020 of an EEA national and that EEA national was in
the UK exercising their ‘Treaty rights’
Non-EEA national family members and/or extended family members of an EU
national exercising their treaty rights are eligible to apply for EUSS residence card
once they are in the UK following entry clearance or have formed relationships within
the UK in accordance with the guidelines applicable following Brexit . The mandatory
evidence in this context is the evidence of their relationship to the EU national and
also evidence that the EEA national is exercising his/her treaty rights in the UK. The
validity of a residence card is 5 years, after which the family member can apply for
permanent residence in the UK alone or in line with the EU national sponsor.There is
no English language requirement or requirement to have passed the Life in the UK
test to apply for a permanent residence card.
There is an ever-increasing body of case law related to EEA cases. We
understand the complexities of the rules in this area and work with expert
Counsels in this area to provide a competent and quality representation at the
hearings.
We specialise in filing appeals under EEA Regulations and representations under
the EEA Regulations at the Immigration and Asylum Chamber. All appeals are
now being filed on the online portal of the IAC known as MyHMCTS.
T: 01217738911
M: +44 7828386632
The UK left the European Union on 31 January 2020 at 11 PM followed by a
period of transition ending on 31 December 2020. EU citizens and their family
members who wish to remain in the UK after 30 June 2021 needed to apply for an
immigration status to remain lawfully in the UK under the EU Settlement Scheme
(EUSS). The scheme has seen a high number of applications . Given the
complexities of the applications several of them do not succeed. The application
under EUSS originally only allowed an administrative review to challenge any
case working errors. The Home Office has however introduced The Immigration
(Citizens Rights Appeals) (EU Exit) Regulations 2020 on the 31st January 2020
which now entails a right of appeal to the Immigration and Asylum Chamber.
EU nationals and their family members may have different options if the Home
Office has decided to refuse any application under the EU Settlement Scheme.
Administrative review refers to a process to request the Home Office decisions to
be reconsidered on grounds that they were incorrectly granted pre-settled status,
when they believe they qualify for settled status, or on eligibility grounds. (Notably
there is no right of administrative review against refusals on suitability grounds
e.g. criminality) . An application for administrative review can be submitted from
inside or outside the UK within 28 days of the date of the decision or within 7 days
if the applicant is detained in the UK.
The process for Administrative Review under the EUSS allows an applicant to
submit further evidence, which will then be considered alongside the evidence
submitted along with the original application. There is a fee payable of £80. The
fee will be refunded if the review is successful on merit but not in case the
decision is overturned on the basis of new/additional evidence submitted at the
time of Administrative Review.
An applicant may challenge a decision under EUSS failing to grant a settled or
pre-settled status or an EUSS family permit / travel permit as set out by the
Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, if such an
application was made on or after 11 PM on the 31 January 2020. The appeal must
be made within 14 days from the date the decision was sent if the person is in the
UK or 28 days if the person is outside the UK.
It was on 31 December 2020 that Freedom of movement between the UK and EU formally
ended. The UK has now implemented a points-based immigration system that treats all EU
and non-EU citizens equally. If the Employers want to hire anyone from outside the UK,
excluding Irish citizens, they will need to apply for permission in advance i.e. a sponsor
licence to hire most eligible employees from outside the UK.
Under the points-based immigration system, anyone coming to the UK for work must
meet a specific set of requirements for which they will score points. Visas are then
awarded to those who gain enough points. The system provides flexible
arrangements for UK employers to recruit skilled workers from around the world
through a number of different immigration routes.
Copyright © 2024 Jusmount & Co Solicitors - All Rights Reserved.