UK Immigration & Nationality Lawyers

New Immigration appeal fees: post Brexit cost of justice

EU Free Movement rights

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New Immigration appeal fees: post Brexit cost of justice

Cost of immigration appeals has increased dramatically overnight. This affects not only migrants, it is a telltale of what is happening with the society in Brexiting Britain. Where the law is uncertain or simply cannot be enforced, political agenda dictates decision without much regard to the law. The next thing that happens is that slogans substitute substance. The increase of immigration appeal fees is introduced under the slogan “justice for all”.

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Brexit from immigration lawyer’s perspective

Brexit will affect us all, independently of background, migrants or not, Europeans or Africans. From immigration lawyer's perspective my strong recommendation for EU nationals who have worked in the UK for more than five years is now to apply for a document certifying permanent right of residence. It was not, and still is not, mandatory to have this document. However, it became of much value in November 2015 when it was announced that European citizens were no longer entitled to apply for British citizenship before having held this document for one year.

News

Brexit – free movement rights to be compromised

The deal offered to the UK following negotiations in Brussels will significantly compromise free movement rights of EU nationals with third country national family members. The proposal is drafted primarily along the lines of fighting abuse of the system by those who receive immigration advantage through marriage with an EU national. In effect, the proposal offers exclusion of third country nationals from the benefits of the EU Regulations.

Q&A

What is the difference between an EEA family permit and EEA residence card?

Both EEA family permit and EEA residence cards are issued to third country national family members of EU citizens. EEA family permit is similar to entry clearance and is issued by an Entry Clearance Office outside the UK, in the country of the migrant’s habitual residence, and is valid for six months. EEA residence card is issued by the Home Office in the UK and is normally valid for five years. Both documents can be used as confirmation of the right to enter the UK, the right to take up employment, rent accommodation, and register with a GP for primary health care.

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Q&A

I am a non-EU national and my daughter is French. Do I have the right to move to the UK with my daughter?

You can move to the UK with your daughter if you can demonstrate that your daughter is financially “self-sufficient”, i.e. you will have sufficient means to live in the UK without recourse to public funds. When assessing your means, you cannot rely on the future income from employment in the UK, but you can rely on income from other sources and savings. If you are applying for entry clearance from abroad, you should be issued with an EEA family permit which is valid for six months. You will be applying for an EEA residence card or a “derivative” EEA residence card once in the UK. The residence card or derivative residence card is issued for five years. You should be aware that derived right of residence does not lead to permanent right of residence in the UK. It is important that you seek legal advice if you wish to settle in the UK in the long term.

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Family members of EEA nationals

EEA nationals who are exercising their Treaty right to free movement in the UK (in other words, who are employed, self-employed, studying  or enjoying the life of financial independence in the UK) are allowed to bring with them their family members who may not be European nationals. Family members of EEA nationals are generally required to have a family permit when travelling to the UK.  Once in the UK they will be issued with a residence card valid for up to five years.  On completion of the five year residence with the EU national, the non-European family members are entitled to permanent residence.  They can apply

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EEA applications

Kadmos Consultants have a specialist expertise in European free movement rights, which is a particularly complex branch of UK immigration law. European free movement rights are the rights of EU nationals and their family members in the UK and also the rights of British citizen who have lived and worked in another EU country and have thus acquired European rights in respect of bringing to the UK their family members from outside the EU. EU citizens do not need any special documents in order to come to the UK. Whether they are coming for a short visit or to take up employment and

Blog

To be or not to be British? EEA migrants may wonder

Not long ago this question would simply not arise. Now it has become an integral part of legal advice in any consultation on naturalisation. Strange as it may seem, British citizenship may entail serious disadvantages for UK residents. These disadvantages mainly affect the right to unity of the family, and the right of residence in the UK of non-European family members, including spouse and dependent parents. For EEA nationals, especially those who have family ties with non-European nationals, the disadvantages may outweigh the benefits of being British. British immigration rules are rigid and burdensome for applicants for UK spouse visa.

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Residence rights of the parents of an EEA national child

Parents of EEA national children have derivative right of residence in the UK - they need to demonstrate self-sufficiency of the whole family before their right to live and work is confirmed and this is likely to create an insurmountable obstacle for those who do not have an independent right of residence and employment at the time of the application.

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