Tag Archives: processing

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.

 

EEA Permanent Residence

Fast and reliable EEA Permanent Residence Service

EEA Blue Card UK Residence Documentation for a National of an EEA State

EEA PR applications from EEA nationals are currently taking between 4 to 6 weeks from the day of filing.

We offer an express and reliable service which includes:

– checking you qualify under the EEA rules;
– checking that you have completed the form correctly;
– checking you have included the necessary supporting documents;
– drafting your personal statement as well as a covering letter highlighting when you are deemed to have obtain permanent residence in the UK;  and
– ensuring your application is valid.

As part of our service, we will address issues such as criminal records, prolonged and / or unpaid absences, maintenance, self-employment, missing documents, any discrepancies, etc.

Our fees for this service varies between £550 and £750.

This service is available by formal instruction only.

For further information please do not hesitate to contact us.

Impact of Criminal Record Certificate requirement on Tier 2 applications

August 2015 – The new criminal record certificate (CRC) requirement which will become applicable in September to all Tier 1 (investors and entrepreneurs) migrants, is now likely to be rolled out to Tier 2 out of country applicants in early 2016.

Pursuant to this new requirement, all applicants will be asked to provide a CRC from any country in which they have lived for 12 months or more in the 10 years preceding the filing of their visa applications. Any dependants aged 18 or above will also have to comply.

The impact of the CRC requirement on Tier 2 applicants and their sponsors will be felt immediately in terms of time and cost.

TIMING

The processing time for obtaining a CRC varies from country to country and can take much longer when the applicant is no longer a resident of the country in question. For instance, it takes a non resident approximately 4 weeks to 7 months to obtain a certificate from Pakistan, 5 to 8 weeks from Poland, 6 to 9 weeks from Japan, 2 to 5 weeks from Taiwan, 4 to 5 weeks from Russia and approximately 12 weeks from the US.

In most cases it will therefore be imperative that the CRC be requested from the outset of the visa process to avoid long delays.

COSTING

The initial cost is not in itself prohibitive (from as little as £1 up to approximately £80). However we need to bear in mind that all certificates not issued in English must be officially translated. In some occasions they may also need to be legalised and authenticated. This is very likely to add hundreds of pounds to what is already a very costly administrative process.

POTENTIAL ISSUES:

– There are countries where there are no functioning criminal record regimes or where certificates are only issued to citizens. Fortunately the Home Office has made a concession for applicants where there are no available checks from a particular country. However in these circumstances applicants will be required to provide evidence that the checks were not available, which is not always going to be feasible. Relying on this concession is likely to make the outcome of the visa application even less predictable.

– Certificates must be submitted in support of a visa application within 6 months of being issued. This restriction may lead to a new certificate having to be requested. This will be the case when, for instance, the applicant is dealing with multiple certificates and a certificate is no longer valid by the time the rest of the certificates have been issued.

In preparation for this new requirement sponsors would be well advised to prepare a list of the countries they or their employees are likely to have to obtain certificates from so that to check the information provided by the Home Office and make sure that the entire process is mapped out in advance. Employers/sponsors will also need to consider who will bear the costs associated to getting the certificate(s).

For further information please contact us.

Non-EEA national posted workers in the UK

WORKING IN THE UK WITHOUT A WORK PERMIT

The Van der Elst case established that, as long as certain requirements were met, non-EEA nationals working for an EU employer in the EU should be allowed to provide services in another EU Member State without the need to obtain a work authorisation.  Accordingly an established non-EEA employee of an EU company in the EU can come to the UK to provide a service on behalf of the company without a UK work permit.

Entry clearance (i.e. a visa) is compulsory for both visa and non-visa nationals.

The requirements to be met by the non-EEA employee are that they:

• are lawfully resident in the EU Member State in which the employer is established;

• are lawfully and habitually employed by an employer who is temporarily providing a service in the UK;

• do not intend to take any other employment;

• intend to leave the UK at the end of the period during which his employer is providing the service. Successful UK Van der Elst visa applicants will be issued with a code 4 endorsement: D: FOR EMPLOYMENT WITH [add NAME OF COMPANY].

Visas should be issued for the length of the contract with their EU employer. Although applications from family members are treated in the same way as EEA family permit, family members are issued with code 1 dependant visas endorsed with D: TO JOIN/ACC [NAME OF VAN DER ELST EMPLOYEE].

For more information contact us.

Naturalisation

Naturalisation is the process by which British citizenship is acquired by someone who held  foreign citizenship.

Although there are several routes to naturalisation, most applicants qualify for British citizenship through: – five years of residence in the UK; – or through marriage to a British citizen with three years’ residence in the UK as a spouse or civil partner.

In addition to the residency requirement, most naturalising citizens must hold indefinite leave to remain and meet requirements of ‘good character’, ability to communicate in English (or Welsh or Scottish Gaelic), and ‘knowledge of life in the UK’ (as assessed by a Life in the UK test, also required for those applying for settlement). Children may qualify for either automatic or discretionary “registration” as British citizens depending on the country of their birth and nationalities of their parents.

The Home Offices offers a checking service for nationality applicants. Applicants using the service can keep their original valuable documents such as passports and marriage certificates rather than submitting them with their applications.