How do I Avoid the Brexit Effect?
By Rabia Aleem
How to Avoid the Brexit Effect
Following the mounting ambiguity in terms of the UK position following the referendum, the United Kingdom finally reached an arrangement with the European Union in December 2017, an agreement echoed within a draft treaty published in March 2018 intended to circumvent any negative Brexit repercussions for these individuals, for whom many have already re-established their lives here in the UK.
Significant points of that agreement being:
As per Home Office new announced policy European Union (EU) Nationals living lawfully and continuously in the UK for a least 5 years before 31 December 2020 can make a settled status application.
Settled status means that they will be able to stay in the UK indefinitely, with access to public funds and services. They can then go on to apply for British citizenship should they choose.
- EU citizens in the UK on that date but who can’t fulfil the 5 years’ residence requirement can apply to stay in the UK until they have 5 years’ residence, when they can then apply for settled status.
- EU citizens who arrive in the UK after the date we leave the EU but during the transition period will also be able to register for temporary residence status after 3 months, with a view to obtaining settled status after 5 years.
Treaty rights draft additionally contains provisions covering family members, extending past the 31st of December 2020, so far as the relationship had already existed at that date. Those hoping to make a European Economic Area (EEA) application will have to wait while negotiations continue between the UK government and those of Iceland, Norway, Switzerland and also Lichtenstein.
Types of Applications
Settled Status Application
Specialising in European applications from a long period of time. Our views about settled status applications? This new system is intended to be initiated during 2018, and we understand the Government has published information on its website with some basic information, however nobody is certain what form the settled status will take.
Points to be noted
An online application with options to submit a paper-based application will be available.
- Applicants will be required to verify their identity together with a recent photograph, as well as a declaration of any criminal convictions.
- Existing data in relation to supporting your application will be gathered via existing government records such as Her Majesty's Revenue & Customs (HMRC) and Department of Work and Pensions (DWP), given that the data will already be linked to the application, the information will be readily available.
- Options to verify applications will also be available where government data or evidence is incorrect or inaccessible.
Whereas indications from the Theresa May’s Government have suggested that settled status applications would apply to individuals exercising their treaty rights and working within the UK, Immigration minister, The Rt Hon Caroline Nokes MP has suggested that basic conditions to be met may be that of the EU citizen establishing residency in the UK for the given 5-year period.With many more matters related to settled status yet to be fully agreed upon, it does appear that system is geared towards a partiality of consenting settled status in the majority of cases, with the exception of a refusal potentially being refused based on the grounds of serious criminal convictions.
Temporary applications
EEA Nationals who by the end of transition, have resided within the UK for less than the 5-year period will still be permitted to remain within the UK, however will be required to apply for temporary residency status by the 30th of June 2021. This enables them to stay long enough to acquire their 5 years residence following this with an application for settled status.
The other eventually being should the European Union nationals arrive after the UK has left the European Union, but prior to the end of the transition period, they will be required to make an application for temporary residency after a period of 3 months, despite the fact they will be permitted to live and work. The individual will then be permitted to reside for a period of 5 years to make an application for settled status.
Deadlines still apply for a settled status application
Considering how the Windrush overwhelmed the lives of many venerable Commonwealth citizens who lived for many years in the UK without any legal status. In a comparable parallel, EU citizens within the UK have been living in ambiguity in terms of their future in the UK.
Situation that demonstrates resemblances of the Windrush scandal, an opportunity to make an application for settled status, or to obtain temporary residence status, allowing individuals to accrue 5 years residence, will only remain open until the 30th of June 2021. Individuals missing this deadline may find themselves in a similar situation to the Windrush generation.
Resolving the status of EU and EEA citizens is part of our expertise as Immigration experts’ .We specialises in Immigration, Human rights and law related to EEA Nationals.
We guarantee that you will be given the time and respect that your immigration case deserves and that our immigration experts will always provide you with advice that is:
- Honest
- Effective
- Clear
- Updated
- Friendly
Should you have any questions relating Brexit, obtaining residence permit and permanent residence permit as a qualified EEA National or as a family /extended family member please contact us.
Email: [email protected]
Telephone: +44 (0) 1252 268 068
Spouse Visa Applications - Which Application Will Work For Me?
By Rabia Aleem
Spouse Visa Applications Under FLR(M) and FLR(FP)
Applying for a visa could be quite stressful as the applicant is required to put together a range of important documents while ensuring that they meet the eligibility criteria. However, being properly informed can significantly ease the process.
Today we will talk about the two different in country applications for leave to remain in the United Kingdom (UK) on ongoing family life in the UK under FLR (M) and FLR (FP).
What Is the Difference between FLR(M) and FLR(FP)
The FLR(FP) application is based on Family Life under the Appendix FM or the Private Life under Part 7 and stands for the further leave to remain in these two categories.
- Family life
This category includes the right to apply as a parent of a child that is settled and not eligible to apply as a partner. The child can be British, for example. This is usually recommended when parents are divorced and the child lives with one of the foreign spouses.
There are also some exceptions if you apply for this kind of visa if you don’t have legal status in the UK, but you have a British child with your partner. If that’s the case, then the child is allowed to stay in the UK. However, this a special case. That’s why each situation is evaluated individually.
So, to cut the long story short, in order to qualify for this category, you be a parent, partner or a dependent child. Also, you can apply based on your private life in the United. If the application is approved, it will last for 2.5 years.
- Private life
Although it has the same form, this kind of application is representative for the people who spent years in the UK and now want to legalise their stay. If approved, you will get a 2.5-year visa in a 10-year route. After ten years, you will have the possibility to secure your permanent residency.
The FLR (M) is an application that is based on the marriage of an individual to a person that is already settled in the UK, under the Appendix FM. However, it is not enough to be married to an English citizen to get this permission. In order to do so, you will have to meet all the requirements, including your status in the UK and the Financial Requirement. If the requests are met, then you will get a 2.5-year in the 5-year partner route.
Now that we know what these visas are, let’s talk about the new online form for them.
First of all, you can use the online form as an alternative to the paper forms because it is obviously quicker to use. You will no longer have to manually type down all the data like you would with a paper form, so the process will be faster.
With this online application, you can apply to remain in the UK as a partner or a family member of:
- a person who has a humanitarian protection in the UK or a refugee leave
- a British citizen
- a person who is settled in the UK
Moreover, you can add other family members that are dependent on you in your application such as children, for example. All of you can now apply on the same online application.
In addition, you can use this form to apply for private life in the UK, too. However, before you do so, you must know if you are eligible, what documents are required and what fees you must pay.
Spouse Visa Application Requirements
Well, for a start, it’s normal to say that you must prove if you are married or in a civil partnership. Maybe you are a fiancé, or you proposed, and your marriage will begin soon (6 months after you arrived in the UK). In any case, it is important for your relationship to be recognised by the UK.
Another requirement is the knowledge of English. You want to live in the UK, so you must prove that you are capable of speaking their language.
Finally, you will have to show if you are financially independent or you depend on someone.
However, one can still apply for a visa even if you don’t meet these requirements. These are the special situations as mentioned earlier.
How we are different from other Immigration Lawyers
We guarantee that you will be given the time and respect that your immigration case deserves and that our immigration experts will always provide you with advice that is:
- Honest
- Effective
- Clear
- Updated
- Friendly
Why choose Bison Immigration Solicitors, Aldershot
By taking a dynamic approach to each and every case and using our extensive knowledge of the law, we consistently exceed our clients' expectation and deliver results that serve their long term immigration goals. We take the time to understand our clients need to provide them with the best bespoke and individually tailored service. Our dedicated teams top immigration experts’ work closely with you to understand your requirements
We provide a fast, friendly, reliable, honest, affordable and professional immigration service. As specialist immigration and human rights lawyers.
If you have any questions relating FLR (M) or FLR (FP) or any other application under Immigration rules or Human rights Act please contact us.
Email: [email protected]
Telephone: 01252 268068