Tag Archives: Home Office

Protecting EEA nationals’ rights of residence post Brexit

What should EEA nationals in the UK do now to protect their rights?

Whilst it was initially assumed that the rights of EEA citizens living lawfully in the UK would be automatically protected, their long term status is now far from guaranteed.

Those who have already acquired permanent residence and those who have an EU right of residence but have yet to acquire permanent residence are more likely to be protected. Although strictly speaking EEA nationals are not required to document their rights, in the light of the recent developments, it would be highly advisable to obtain documents proving the exercise of EU law rights in their status in the UK.

Documents proving the exercise of EU Law rights include:

For EEA national workers and their EEA national family members

– A UK Document Certifying Permanent Residence for those who have already acquired permanent residence automatically by the operation of Law having exercised treaty rights for a continuous period of 5 years; and

– A UK Registration Certificate for those currently exercising treaty rights in the UK who have yet to acquire permanent residence

For non- EEA family members of a qualified person or an EEA national with right of permanent residence

– A UK Residence card

For non-EEA family members of EEA nationals who have acquired right of permanent residence

– A UK permanent residence card

Which form?

The EEA (PR) is for permanent residence of EEA nationals and their family member;

The EEA (QP) is for residence certificate for EEA nationals – the Home Office offers an express service at some of his premium service centers;

The EEA (FM) is for residence card for non-EEA family members and those with retained rights

The EEA (EFM) is for residence card for extended family members defined as dependant relatives

The DRF1 is for applications by family members on the basis of derived rights of residence.

What is the cost?

There is currently a mandatory fee of £65.

Non EEA family members are required to enroll their biometric information when applying for their residence card. This process costs an additional £19.20.

How long does it take?

The Home Office has an obligation to issue residence documents within six months of application.  Whilst most applications from EEA nationals are dealt with within weeks, applications from non-EEA nationals usually take months.

If you need Immigration legal assistance, please do not hesitate to contact us.

 

ILR Refusal due to Deception

March 2016 – The statement of changes of the Immigration Rules, which are due to come into effect on 6 April 2016, could bear bad news for those planning to extend their leave or apply for settlement under the family route.

Up to now, when considering the suitability of a FLR (M) / SET (M) applicant, the Home Office would have had to disregard previous ‘deception’ in line with S-LTR.2.2 / S-ILR.2.2.

With so many Tier 1 General ILR applications being refused on the grounds of deception due to discrepancies between earnings declared to the UKVI and earnings declared to the HMRC, we see many applicants choosing to vary their leave under the family route rather than taking the chance of getting their settlement application rejected.

Unfortunately under the amended rules this option may no longer be ‘bullet proof’.

Indeed S-LTR.4.1 and S-ILR.4.1 provide that an application may be refused on the ground of suitability if ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a previous variation of leave, or in order to obtain a document from the Secretary of State or a third party, required in support of a previous variation of leave’ or ‘the applicant has made false representation or failed to disclose any material fact for the purpose of obtaining a document from the Secretary of State that indicates that he or se has right to reside in the UK …’

With the noose tightening, applicants who may have committed deception unknowingly- which will be the case for most Tier 1 General applicants whose tax declaration would have been made following the recommendations of their accountants without realising the potential repercussions, will find their immigration options limited even further.

 

 

Additional Tax questionnaire for Tier 1 Self-Employed ILR applications

March 2016 – Tier 1 G applicants applying for settlement through the Premium Service Centre (previously known as Public Enquiry Office or PEO) may be required to complete an additional form when attending the Centre. Based on our clients’ personal experience, the additional form/questionnaire is issued mainly to self-employed applicants. It is interesting to note that not all self-employed applicants are requested to complete the said questionnaire. The questionnaire is likely to be requested when the Home Office has noted a discrepancy between the amount of tax declared on the applicant’s SA and the amount of earnings declared when first applying or later extending under the Tier 1 G scheme. We find that when an applicant is required to complete the additional questionnaire the application is often referred for further checks.

Home Office Tier 1 SET (O) application tax questionnaire:

The questions asked on the form are as follows:
– 1 During your residence in the UK, have you worked in a self-employed capacity and been registered as self-employed or worked as the director or share-holder of a limited company?
– 2 What is/was the nature of your business as a self-employed person – select between sole trader/contractor/Limited company director or shareholder/ other?
– 3 Please confirm the financial years in which you were registered as self-employed in the UK?
– 4 For the financial years in which you have been registered as self-employed in the UK, please confirm the financial years for which a self-assessment tax return was submitted to the HMRC by you on on your behalf?
– 5 Please specify the type/nature /field of business you engaged in to generate income?
– 6 Did you use an accountant to assist in submitting your self-assessment tax return(s) to HMRC?
– 7 What is the name of the accountant you used?
– 8 Please confirm the type of documents that were used in order for yourself or your accountant to prepare your self-assessment tax returns? invoices/bank statements/ dividend vouchers/ payslips / other
– 9 Are you satisfied that the self-assessment tax returns submitted to HMRC accurately reflected your self-employed income?

Discrepancies between the amount declared to the HMRC and the amount declared to the UKVI are likely to result in an application being rejected on ground of deception.

Future applications for entry clearance or leave to remain is likely to be refused under 320(7b) immigration rules following a refusal on the ground of deception. The ban, which lasts for 10 years, does not apply to family application.

For further information or a copy of the entire questionnaire please contact us.

UKBA / UKVI / GOV.UK

On 1 April 2013 the UK Border Agency (UKBA) was split into two separate operational units within the Home Office. The units are:
• UK Visas and Immigration (UKVI) – responsible for handling visa applications to come to the UK, applications to extend a stay in the UK on a temporary and permanent basis, applications for asylum, appeals, correspondence and Sponsor management.
• Immigration Enforcement – responsible for investigating immigration offences, detaining and removing individuals with no right to be in the UK, preventing abuse of the immigration system.
It is now anticipated that by March 2014 the unit dealing with UK Visas and Immigration will be have transferred to GOV.UK

Compliance: UKBA Audit

Complying with UKBA’s requirements can often lead to many challenges due to the frequency of changes within the rules, processes and procedures set by the UK government

Our experienced team offers a wide range of compliance services to help you run your business without the constant worry of not meeting the UKBA’s standards.

Our range of services include a one-off spot check to a thorough audit of your current systems and presenting a report of recommendations, through to conducting an implementation process making your organisation fully compliant

Our compliance services include:

  • Application for and renewal of your sponsor’s licence
  • UKBA Compliance – HR System and compliance
  • Preventing Illegal Working – staff vetting and annual immigration status document

Our UKBA Compliance service packages include:

  • UKBA Compliance Audit
  • UKBA Compliance Status Review
  • UKBA Compliance Status Review & Implementation
  • Advanced UKBA Compliance Checks
  • Emergency/Priority UKBA Compliance Audit Checks

Our specialist immigration team has extensive corporate immigration experience in compliance gained attending announced UKBA’s official audits on client sites.

Speak to one of our UKBA Compliance Specialists today