No. 46 - November 2014
KINGDOM – new
citizenship route for children of British citizen fathers
Under the Immigration Act 2014, the UK government will be
creating a new route to British citizenship for those born
to British citizen fathers – where the father was not
married to the mother when the child was born.
Before 1 July 2006 a child could only obtain citizenship
through his or her father if the parents were married. The
law changed on 1 July 2006 to allow a person to acquire
citizenship through his or her father, regardless of whether
the parents were married. That change was not made
retrospective, leaving those born before 1 July 2006 still
not entitled to British citizenship.
The new provisions under the 2014 Act will create a
registration route for those born before 1 July 2006 who
would have become British citizens had their parents been
married. This will affect anyone born before 1 July 2006 who
are now adults or children.
While the Immigration Act has passed through Parliament, the
government have not yet issued a commencement order for
these new provisions to take effect.
If you believe you may qualify for British citizenship
through this new route then please contact us.
free Online Assessment Form
KINGDOM – meeting
the financial requirements through savings
Since July 2012, applicants applying to move to the UK as
the spouse / partner / fiancé of a British citizen or
settled person, have been required to meet the financial
requirements as set out under the Immigration Rules.
This is often met through income from employment but for
some applicants there is no other way to meet the
requirements other than through cash savings. This usually
involves showing savings of GBP 62,500 held in cash funds
for 6 months. Some applicants have realised this amount by
selling their property to move to the UK.
However – many applicants do not realise that a change in
the rules earlier in 2014 means that if the funds result
from the sale of a property or other asset, then you do
NOT have to hold the savings for 6 months in cash.
Instead you need to show that;
1. The savings are currently held in cash funds at the date
2. The relevant savings amount was held in the total value
of the asset (such as property equity) that was owned by you
for the preceding 6 months.
The same applies to those realising their cash funds from an
investment portfolio or other savings account (such as
This is a major change for some applicants, significantly
reducing the waiting time before they can apply for a visa.
If you think you might be affected by this and need further
guidance then please do not hesitate to contact us.
free Online Assessment Form
– new notice period for marriage and civil partnerships
The Home Office has announced changes to the process for
giving notice of marriage or civil partnership which will
come into effect on Monday 2 March 2015. From this date, the
notice period for all couples wishing to marry or form a
civil partnership in England and Wales will be extended from
15 days to 28 days.
The stated aim, according to the Home Office is to allow
more time to “identify and investigate suspected sham
marriages and civil partnerships”.
Also, for couples involving a non-EEA (European Economic
Area) national, where the Home Office suspects the couple
are not genuine the notice period may be extended to 70 days
to enable the Home Office to interview the couple and take
further action as necessary.
Couples who give notice of a marriage or civil partnership
before 2 March 2015 will not be affected by the changes.
If you wish to make any type of UK application, then please
complete this form on our website
free Online Assessment Form
* United Kingdom info page with the migration news
EEA APPLICATIONS FOR FAMILY MEMBERS OF BRITISH CITIZENS
While many British citizens rely on UK immigration law in sponsoring family members to join them in the UK, its needs to be remembered that EEA law can also be used by British citizens.
This is especially so, where the British citizen has been living in another EEA member state.
There are many advantages to applying under EEA law as opposed to UK immigration law. Firstly, the definition of a Family Member is wider (for instance including parents). There is no requirement for an EEA Family Member to complete an English language test. Also, the application process can be quicker.
If you are a British citizen having difficulty in sponsoring a Family Member under UK immigration law, then please contact us so we can see if an application under EEA law would be possible.
This includes children, spouses, unmarried partners, parents etc..
EEA law has specific criteria for “Family Members” and “Extended Family Members”. The definitions that cover these relationships do not necessarily follow the same definitions as under UK immigration law.
We have extensive experience in EEA applications, please visit our dedicated EEA webpage and obtain your free EEA guide;
* EEA info page with
free Guide on EEA applications
NEWSLETTER - Subscribe to keep updated!
We are sending a newsletter on a periodic basis to update you
on new developments and changes in all matters relating to
Please feel free to forward the newsletter on to your friends
and family. Newsletter will be archived on our web site as
Subscribe to our newsletter at
We hope that this newsletter
has been informative for you. However, remember
everyone's circumstances are different so if you or a friend
or family member want to check your eligibility to emigrate
1) complete the Online
on our website
2) give us a call on +44 (0) 1223 830 916
We would love to hear from you!
- new English tests accepted
From 23 November 2014, the Australian Department of
Immigration will now be accepting 2 new tests as evidence of
English language ability.
These are the Test of English as a Foreign Language
internet-based test (TOEFL iBT) and the Pearson Test of
English Academic (PTE Academic).
Also the Cambridge English: Advanced (CAE) test will also be
accepted for a test taken on or after 1 January 2015.
These new tests join the already accepted tests -
International English Language Testing System (IELTS) and
the Occupational English Test (OET).
All of these English language tests can be used to evidence
English language ability in the main skilled migration
free Online Assessment Form
- Focus on visas for Spouses and Partners
There are several visa categories that can lead to
Australian residence based on a relationship with a partner,
married spouse, prospective spouse etc.. The following are
some of the main categories of entry;
* Partner Visa: Offshore Temporary and Permanent
(Subclasses 309 and 100)
* Prospective Marriage Visa (Subclass 300)
* Partner temporary visa (subclass 820) and permanent
visa (subclass 801)
Processing times in 2014 - 2015
Recently processing times for many of these partner
subclasses have increased. For instance, offshore
applications submitted through London can take 10-12 months.
It is therefore more important than ever to plan well in
advance and also to look at routes of entering Australia
temporarily, while an offshore application is progressing.
This is possible to do as long as the correct procedures are
What Relationships can be included ?
Australia permits many different types of relationships
to apply under these categories, including;
* Married spouses (same sex or opposite sex)
* Defacto spouses (i.e. same sex or opposite sex spouses
living together but not married)
* Prospective spouses – those who intend to marry in
In all cases, applicants need to show that there is a
genuine and continuing relationship. Many applications are
delayed for want of sufficient evidence on this point.
Regardless of the length of the relationship, this point is
In order to qualify as a Defacto Spouse (either through
a same sex or opposite sex relationship), the applicant and
sponsor must show the existence of such a relationship for
the 12 months period immediately before the application.
Unfortunately, many applicants are rejected on this point by
confusing a defacto relationship with cohabitation for 12
months. Applications are frequently submitted with evidence
just showing cohabitation for 12 months and then expecting
approval. This approach is not likely to receive approval
without more evidence.
Cohabitation for 12 months is just one component of proving
a defacto relationship. Unless, you can provide sufficient
evidence to demonstrate all the components of a defacto
relationship, then there is little point in applying.
Australia is generous compared to many other countries (such
as the USA) that only recognise married spouses. However,
the evidence required for defacto spouses is not something
that is viewed lightly. Each application needs to be
carefully assessed to ensure the key components are met.
The content of statements from the sponsor and applicant are
crucial, as are those from family and friends. We regularly
assist applicants to show that all the key components of a
defacto relationship are being met.
Who can sponsor?
Your application must be sponsored by your partner who
is an Australian citizen, Australian permanent resident or
eligible New Zealand citizen.
Your sponsor can live in Australia or outside Australia. If
your sponsor lives outside Australia then he / she should be
intending to return to live in Australia with you.
Evidence of employment or other sufficient financial
resources is often required from the sponsor.
Australia screens all applicants for spouse / partner
residence visas as to whether or not they can meet the
This requires a full declaration of all criminal
convictions, regardless of whenever such convictions
Applicants also need to provide Police Record Checks for
every country one has lived in for 12 months or more over
the last 10 years since turning 16
Even if you have criminal convictions Australia can still
determine that you meet the character requirement. This
really depends on the dates of conviction (s) and most
importantly the nature of the conviction.
Applicants need to provide detailed written statements and
sometimes character references to support any application in
which criminal convictions are declared.
In many cases, applicants with criminal convictions can
still be referred to the specialist Visa Applicant Character
Consideration Unit (VACCU) for more detailed scrutiny.
Annual quotas in these visa categories
Unlike other countries, Australia operates an annual
migration programme, which places quotas on the number of
visas that can be issued in any particular category (or
subclass). Spouse / partner visa subclasses are subject to
this annual quota or cap.
Therefore, every year there is a cap on the number of such
visas that can be issued. Recently, the numbers of such
visas have been reduced, leading to the situation where
processing times are increasing for such applicants.
Also, remember the Australian visa year runs from 1 July to
30 June, so as the end of the year approaches the number of
available visas can be reduced rapidly.
It is crucial therefore to plan ahead if thinking of moving
to Australia with your partner.
Your partner (which can include opposite, same sex,
married or unmarried partners) can include their dependent
children on their application.
Children usually need to be living with you and dependent on
In cases where children have turned 16, it is often
necessary to produce additional evidence to show that they
are still dependent.
Our service in applying for Australian spouse and partner
We have many years experience in securing Australian
residence visas, through the spouse and partner subclasses,
for our clients.
We can handle the whole application from start to finish.
The service includes everything from pre-application advice,
document review, completing forms, covering letter, drafting
your personal statements, submission to the government and
bringing to a successful conclusion. This continues
throughout the whole process until your application is
You will only deal with one dedicated immigration adviser to
provide you with a focused one to one service.
Our success rate is second to none and we can provide
numerous verifiable references from satisfied clients for
you to review and inspect. We are immigration consultants
based in the UK, assisting applicants all over the world.
At this stage, we just need you to complete this quick
registration form on our website
free Online Assessment Form
Australia info page with the migration news
UK Government Registered Immigration Consultants No.
Member of the Association of Regulated
Immigration Advisers (ARIA)
Affiliate Member of the
Australian Institute of Migration
ILPA - Immigration Law Practitioners' Association