UK – British citizens using EEA law

Recent cases held in the European Court of Justice (ECJ) have reaffirmed the rights of British citizens to use EEA law to bring a family member back to the UK.

This type of application is commonly referred to a “Surinder Singh” application, after the case that established this. The recent ECJ cases have stated clearly that this route is open where the British citizen moves to another EU member state to exercise their EU Treaty Rights.

The key development in these recent cases is that this can include any exercise of EU Treaty Rights and is not limited to working or being self-employed. So, studying and being a self-sufficient person would also fall under this ruling.

We will wait to see if the UK government amend their regulations to reflect this new ruling.

If you wish to make any type of EEA application, then please complete Our free Online Assessment Form;

This should give us all the information we need to give you the correct advice.

We can then review in full and get back to you.

FREE GUIDE ON EEA APPLICATIONS

FREE GUIDE ON EEA APPLICATIONS

Complete our form for your free guide:

EEA Guide

 


  EUROPEAN ECONOMIC NATIONALS (EEA) AND FAMILY MEMBERS

The Free Guide on EEA Applications will be emailed to you, containing information on;

– All categories of EEA Applications
– The application process in your country of residence
– Advice and guidance on the documents required to support an application
– How to complete the application forms
– Common mistakes to avoid
– How to deal with the UK government
– How to obtain specialist advice when applying
EXTRA UK settlement advice on; employment, obtaining a National Insurance number, taxation, property, opening a bank account, transferring funds.

Obtain your Free Guide now!

Advice on UK visas, EEA1 Family Permits and EEA2 Residence Cards

Commonwealth Immigration Consultants

  EUROPEAN ECONOMIC NATIONALS (EEA) AND FAMILY MEMBERS

We have many years experience in handling applications for UK visas and permits on behalf of EEA nationals and their families (especially non EEA family members).

We submit applications in the UK and at British Embassies and High Commissions all over the world.

This includes applications for EEA Family Permits, EEA Residence Cards, EEA permanent residence and EEA registration certificates.

We have particular experience with many complex situations in such applications.

These include;

– Demonstrating that the EEA national is a ‘qualified person ‘ – a jobseeker, a worker, a self-employed person, a self-sufficient person or a student.

– Including unmarried partners or same sex partners on an EEA Family Permit.

– Changing to EEA family status while in the UK on a different visa.

– Proving sufficient funds are in place to support the relocation.

– Applications to show a genuine marriage exists

– Requesting return of passports for travel.

– Obtaining permanent residence and then British citizenship for EEA nationals and their family members.

It is important to remember that the UK government can be very strict in reviewing EEA applications, as these are under European Union rules and not derived from UK law. Many applicants are refused for poor quality documents or for incomplete applications. Many applications are refused because they have not demonstrated that the marriage or relationship is genuine.

The EEA (European Economic Area) consists of the EU (European Union) and 3 other countries. The following countries are members of the EEA (European Economic Area);
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.

Although Switzerland is not a member of the EEA, Swiss citizens and their families are included in this, due to a separate agreement signed with the EEA.

So, who is a Family Member? This definition is different under EU law than through normal UK immigration. A Family Member includes; spouses, civil partners; unmarried partners, children under the age of 21, dependent children aged 21.

It can also include other direct relatives who can show they are dependent such as parents and grandparents.

However, the rules vary for different Family Members. Spouses (married or civil partners) are treated differently from unmarried partners or same sex unmarried partners. It is vital to plan such applications accordingly.

EEA Family Permits – these are for non-EEA family members looking to move to the UK with the EEA national. This includes spouses, partners, same-sex partners, children and other dependants. This has to be applied for outside the UK – usually at the nearest UK Embassy or High Commission.

EEA 1 Registration Certificates – this is an application by the EEA national to prove their status in the UK. Although this is not mandatory, this can be of benefit in seeking to bring non EEA family members to the UK.

EEA 2 Residence Cards – after the family member has arrived in the UK, this is the process allowing them to apply to stay. This process involves demonstrating the family relationship and the employment / self-employment of the EEA national. This category has a relatively high rate of refusal – especially for applicants who have arrived on an EEA Family Permit. It is vital to remember that this is a fresh application and new updated evidence is required. It is not the same as simply extending an EEA Family Permit.

EEA 3 and EEA 4 Permanent Residence
EU law provides a right for EEA nationals and their family members to attain permanent residence after 5 years.

This is not the same as UK Indefinite Leave to Remain – instead an application under EU law for permanent residence is assessed under different criteria.

It is vital for the applicant to be able to show that he / she has lived and worked (or exercised another Treaty right) for the last 5 years. These applications can be complex and require extensive preparation.

Contact us

Commonwealth Immigration Consultants Ltd.

based in London and Cambridge

Tel. +44 (0) 1223 830 916
Email: info@commonwealthimmigration.com

 

 

NEWSLETTER No. 39 – May 2012

AUSTRALIA – NEW VISA SUBCLASSES

In preparation for the launch of the new system on 1 July 2012, the new visa subclasses that will be available under the SkillSelect Expression of Interest (EOI) have been announced. These are;

Subclass 189 Skilled – Independent (Permanent) (Class SI)

Subclass 190 Skilled – Sponsored (Permanent) (Class SK)

Subclass 489 – Regional Sponsored (Provisional) (Class SP)
Business Skills visa program
You can also express interest in the following visa programs on your EOI to be selected by an employer;
Subclass 186 – Employer Nomination Scheme (ENS) (Class EN)
Subclass 187 – Regional Sponsored Scheme (RSMS) (Class RN)
Subclass 457 – Temporary Business (Long Stay) (Class UC)

You can express interest in a range of skilled migration programs in one EOI.

The old visa subclasses of 175, 176 and 475 will be closed for all new applications on 1 July 2012.

SkillSelect is a radical new selection model for skilled migrants. If you are interested in applying for Australian residence, then please contact us so that we can check your eligibility. We can advise you on your ability to qualify through the new SkillSelect process.

Australia info page;

www.commonwealthimmigration.com/australia.htm

UK – TIER 2 VISA CHANGES

The annual limit on the Tier 2 (General) sponsorship certificates was renewed on 6 April 2012 and will remain at the previous level of 20,700 sponsorship certificates per year.

In the previous year, this annual quota was not reached, so we anticipate that employers will still be able to sponsor overseas workers by requesting additional sponsorship certificates if needed.

20,700 will also be the annual limit for the year, starting in April 2013. In April 2014, the UK Home Office plans to introduce a new annual limit.

However, the government plans to increase the skills threshold from 14 June 2012 for Tier 2 (General) visas.

This will result in a reduced number of occupations eligible for Tier 2 sponsorship. In summary, the skills threshold is to be increased from National Qualifications Framework (NQF) level 4 to level 6.

A new shorter list of occupations available for Tier 2 is effective from 14 June 2012.

UK – MAINTENANCE FUNDS CHANGES

Applicant should be aware of a change in maintenance funds for Tier 1 (General) and Tier 2 (General) visa categories from 14 June 2012.

The amount of maintenance funds for applicants and dependents will increase after that date. The following are the new amounts that UK based applicants will need to show in maintenance funds

Tier 1 (General) applicant £900

Tier 1 (General) dependant £600

Tier 2 (General) applicant £900

Tier 2 (General) dependant £600
Remember, this new amount needs to held in a bank account for 3 months, if applying anytime after 14 June 2012. This applies to new applications and extension applications.

Please make sure that you are meeting this maintenance funds requirement well in advance of your application.

UK – BORDER DELAYS AND COMPUTER SYSTEMS CRASHES

The last few weeks have seen much media coverage of lengthy queues at airports as the UK Border Force struggles to handle the numbers of passengers passing through immigration.

The situation has been particularly bad at London Heathrow airport with reports of some passengers taking up to 3 hours to pass through immigration.

The Immigration Minister, Damian Green was forced to make an emergency statement to parliament to explain the delays and reassure the public that the delays would be rectified. Apparently a new rota system will begin in May and the Minister stated that all border control desks would be fully manned during the London Olympic Games, which start on 27 July.

Equally worrying are the major issues the UK Border Agency (UKBA) is experiencing in processing visa applications. Repeated IT problems have been reported through the UKBA website in the last few weeks. Everything came to a head on the first week of May when the foreign national ID card computer system crashed.

This is the key computer system which is used for issuing biometric residence permits to foreign nationals.

This is likely to lead to delays in processing for all applicants as the shutdown and backlog are addressed.

UK info page;

http://www.commonwealthimmigration.com/united_kingdom_uk.htm

 

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