Category Archives: General Information

Recommended Immigration Advisers

What is a recommended immigration adviser?

A recommended immigration adviser is one that somebody you know has used.  These are most often the best sort of recommendations, but should not be taken as the only information you use.

Do we have recommended immigration advisers?

We do not recommend any specific immigration advisers.  Every case is unique.  Just because a certain immigration adviser was good for one case, it doesn’t mean that same immigration adviser will be good for another case.

Where can I find recommended immigration advisers?

You can search the Office of the Immigration Services Commissioner (OISC) website to find a registered immigration adviser.  You can also search the Solicitors Regulation Authority for a solicitor.

Is there anything to be careful of?

Of course.  There are many out there that don’t have a clue.  Some of the advisers you speak to may well just lead you into making an application knowing that you don’t stand a cat in hell’s chance of succeeding.

So who to trust? – this is why you want to speak to people who have used immigration advisers.  See what they say about them.  Read reviews online – but be careful, fake reviews are really easy to publish.  Join immigration forums and groups – you will find many specific Facebook groups to your own route.

 

Gov UK: Home Office Migration Transparency Data

The Home Office have updated it’s Migration Transparency Data collection.  The data set can be found here.

These documents include performance data related to areas in the Home Office business plan, which lists the key input and impact indicators relating to borders and immigration and HM Passport Office. Input indicators show the full costs of these activities. Impact indicators measure the extent to which policies and activities are having the intended effect. These documents also include data on borders and immigration activity which has been regularly requested from the Home Office by the Home Affairs Select Committee.

#MMCase has been ruled – Minimum income requirement here to stay

What is the MMCase Minimum Income Requirement ruling?

divided spousesThe Supreme Court has just handed down its judgment in the #MMcase – Minimum Income Requirement.  It has ruled in favour of the government in principle.  That is that it is entirely legitimate for ministers to use income rules to control immigration.  They validated this by adding that minimum income rules have been ruled by the ECtHR to be compatible with human rights.

However, please do not let this disappointment relating to the mmcase minimum income requirement get you down.  because…

UK Government have breached the rights of kids for years

The Supreme Court didn’t just answer the question as to whether the MIR (MMCase Minimum Income Requirement) was lawful.  The court went onto note that the rules have been poorly applied in relation to rights of children.  The court has stated that the rules fail to adequately incorporate the Home Office’s S.55 BCIA duty into the framework/rules.

91.              In our view the instructions in their present form (quoted at para 24 above) do not adequately fill the gap left by the rules. Rather than treating the best interests of children as a primary consideration, taking account of the factors summarised in Jeunesse, they lay down a highly prescriptive criterion requiring “factors … that can only be alleviated by the presence of the applicant in the UK”, such as support during a major medical procedure, or “prevention of abandonment where there is no other family member …”. It seems doubtful that even the applicant in Jeunesse itself would have satisfied such a stringent test. Furthermore, although section 55 is in terms directed to children in the UK, the Secretary of State has accepted that the same approach should be applied to the welfare of children elsewhere (see para 46 above).

92.              We have no doubt therefore that the guidance is defective in this respect and needs to be amended in line with principles stated by the Strasbourg court. Furthermore, the statement in GEN.1.1 that the duty has already been taken into account in the rules is wrong in law. Nor is the gap filled by GEN.1.10-11 which refer to the separate consideration under article 8, but not section 55. This is not simply a defect of form, nor a gap which can be adequately filled by the instructions. The duty imposed by section 55 of the 2009 Act stands on its own feet as a statutory requirement apart from the HRA or the Convention. It applies to the performance of any of Secretary of State’s functions including the making of the rules. While the detailed guidance may be given by instructions, it should be clear from the rules themselves that the statutory duty has been properly taken into account. We would grant a declaration that in this respect both the rules and the instructions are unlawful.

It also notes that the rules fail to do a proper assessment of a couple’s income.

[2017] UKSC 10 goes on in Para 100 to note that the case workers have a positive article 8 duty to take into consideration other funding sources ETC.

100.          As already explained, we do not see this as an issue going to the legality of the rules as such. What is necessary is that the guidance to officers should make clear that, where the circumstances give rise to a positive article 8 duty in the sense explained in Jeunesse, a broader approach may be required in drawing the “fair balance” required by the Strasbourg court. They are entitled to take account of the Secretary of State’s policy objectives, but in judging whether they are met, they are not precluded from taking account of other reliable sources of earnings or finance. It is open to the Secretary of State to indicate criteria by which reliability of such sources may be judged, but not to exclude them altogether.

So what does this mean now?

It looks like we’re stuck with the MMCase Minimum Income Requirement (#MIR).  However, at least this latest ruling reinforces the well known fact (which has been ignored by the Home Office for years) that when you’ve got kids, further protections / considerations have to be taken into account.

This point is something that I have personally argued for years.  The Home Office have for far too long brushed the needs of kids aside.  We are all aware that a child needs two loving parents, yet government officials believe that they can decide what a child needs is different to what children actually need.

External Links

You can view more information relating to the MMCase – [2017] UKSC 10  on the Supreme Court’s website.

Surinder Singh Visa Free Movement

What is a Surinder Singh Visa?

A Surinder Singh Visa is an immigration status document issued in compliance with Regulation 9 of the Immigration (European Economic Area) Regulations 2006.  This regulation allows for a British Citizens to sponsor their family to the UK in accordance with European Law, instead of very restrictive UK Immigration Rules.

How can I get a Surinder Singh Visa?

To be eligible for a Surinder Singh Visa you need to have met a few basics:

  1. You must of lived in an EEA Member state (other than your state of nationality) with your family member.
  2. You must of been a qualified person under the Free Movment Directive (2004/38/EC).  This means a worker, student, or self sufficient. However, please note that the UK read this very restrictively, and expect the EEA national to have worked in the other member state.
  3. The residence must of been for excess of 3 months at a minimum.  The longer the better… because the UK expects the EEA national to have transferred their centre of life to the other member state.

 

How to begin with a Surinder Singh Visa?

To begin your Surinder Singh Route journey, head on over to the home page, we have many different articles of free information to help you get started.  Please note that this information is just a signpost.  Under no circumstances should you accept this information as any form of advice.

Uk immigration loophole

What is the UK Immigration Loophole?

There is a common reference to the Surinder Singh Route being a UK Immigration Loophole.  The Surinder Singh Route is not a UK Immigration Loophole.  Many news reports – such as on the BBC, and other major news networks often refer to the Surinder Singh Route as being a UK Immigration Loophole.

Why isn’t The Surinder Singh Route a UK Immigration Loophole?

The Surinder Singh Route, whilst often referred to as a UK Immigration Loophole, is a perfectly legal and lawful method to secure residence in the UK.  The so called loophole is used by multi cultural and multi national families.  People who often use the word loophole whilst referring to the Surinder Singh Route often do not understand the legal implications and complexities of the case law surrounding the UK and EU Immigration Rules.  There has been a lot of case law (court cases and judgements) relating to free movement.  This includes Surinder Singh and the so called UK Immigration Loophole.

If this isn’t a loophole: what is it?

The Surinder Singh Route is a totally independent method of immigration rules for entry into the UK, or one of the other member states of the EU.  It allows families to remain unified after exercising free movement rights in another EU member state.

For simplicity, place yourselves in this situation:

You’ve moved to another country (within the European Union / EEA), and met an individual that you have decided to spend your life with.  You get married and live together ETC.  Circumstances change, and you need to return to the country of your nationality (IE: The UK).

Now, imagine this: The UK has some crazy immigration rule, that requires you to earn a random figure… say £18600.  What if you don’t earn this?  Is that goodbye to your marriage?  What if your kid is non-EU?  Well, obviously, human rights guarantee that you have the right to a family life.  EU law, grants you the right to return to your country of nationality.

If you were to be prevented from returning to your home country with your family, this would prevent you enacting your rights.

This is where the Surinder Singh Route comes into play. The Surinder Singh Route allows your family to remain together.

The Supreme Court Ruling for MM is Coming

Wednesday 22 February 2017
09:45
Courtroom 1

The supreme Court case of mm and others – that’s the financial requirement judgement – is due to be handed down.   A year since the  court hearing in 2016 about this archaic ruling which divides thousands of family’s based on money,  we’ll all soon enough have some closure – whether good or bad is to be seen.

 

Fingers crossed guys.

 

More information is available in the Supreme Court website.  You will also be able to watch it live: supreme Court news about mm case

Skilled Worker Charge coming… £1000 (ONE THOUSAND QUID) per applicant.

So, the Home Office have release another update for Fees and Changes. Included, to mention a few of the ever growing collection of pleasantries and “gifts” from this “lovely” ‘Immigration Bill’ include:

Immigration Skills Charge
Employers will be required to pay £1,000 per Tier 2 migrant sponsored per year, with a reduced rate of £364 per migrant per year for small and charitable sponsors.

Civil registration
Existing legislation governing the registration of births, deaths, marriages and civil partnerships is restrictive in terms of the products and services for which fees may be charged. The Home Office are looking for flexible fee-raising powers in respect of services provided.  So… Expect to have to pay more when you wanna get married, have kids, or pop ya cloggs…  most likely even more so if you’re an immigrant.
Passports
Despite reducing costs of passports…  The act is looking to allow the Home Office to formalise the framework of costs
underpinning the passport fees – for example the costs of processing more complex applications requiring costly Home Office interventions, and to allow some passport fees to be set at above cost… The hopes of this is to provide further reductions to a select few (likely paid for once again by immigrants).

Check out the publication on the gov uk website.

EEA Citizen Family Visa Residence Card

What is an EEA Citizen Family Visa?

An EEA Citizen Family Visa is issued under eu law.  This is a separate set of immigration regulations to the national immigration rules. An EEA Citizen Family Visa is one linked to Directive 2004/38/Ec – the free movement directive.  This directive is a set of treaty rights given to all EU Nationals.  Family members of EU citizens can apply for visas linked to the treaty rights.  The reason being that EU Citizens might otherwise be discourage from travel etc.

What is an EEA Citizen Family Visa in the UK?

In the UK an EEA Citizen Family Visa is a residence card issued in accordance with the Immigration (European Economic Area) Regulations 2006 (as amended).

How to apply for an EEA Citizen Family Visa in the UK?

You can apply for an EEA Citizen Family Visa also known as a residence card from within the UK by completing application form EEA(FM).

If you are outside of the UK,  and wish to enter,  you might need to apply for what is known as an EEA Family Permit.

The Surinder Singh Route closed? No it hasn’t!

 

The Surinder Singh Route closed?

I’ve seen many posts online stating that the Surinder Singh route has been closed.   This is simply a misrepresentation of the current facts.  The Surinder Singh route closed?  Nah,  not just yet.

The Home Office have tried it’s hardest to close the route for years, first implementing the centre of life ruling in 2014.  They have expanded on this unlawful guidance over time,  to what has been issued in  November 2016.

The Surinder Singh Route is definitely open

Over the last few years   and even months the route had been used by an increasing number of people.  Whilst I don’t want to tell you is an easy route – because it’s not – the route is certainly still a viable option for many.

Impact of MMCase

Since the mmcase was ruled last week,  many now see Singh as a viable option.   Singh still had the basic requirements it always had.   The Home Office are refusing many for idiotic reasons :

  •  You still had a UK tesco club card
  • One would expect you to live there on excess of two years
  • And so on lap

It is worth noting that there is a  balance to be met.   In any case,  the home office – just like you – had to meet the burden of proof on the balance of probabilities.

Nothing in life is a cake walk.

That being said,  those with children should seriously consider alternatives.   There are visa rules allowing parents of children to apply outside of the rules.   Surinder Singh is not the only options – and it certainly isn’t cheap to move to another country.

Separation of life in exile

All the same,  you have to choose one simple point. Do you want to live with your spouse?

What is the most important thing?

Live with your spouse – regardless of the place – or be separated?  Personally I’d choose a life with my wife any day of the week.  Every week apart is a week too long in my opinion.

What if The Surinder Singh Route Closed whilst I’m in another country?

Shit happens.  But wasn’t the move worth it?  I mean,  even three months together is better than nothing.   You’ve managed for the three months so what is stopping you managing longer?

Is remaining in the host country such a bad idea?

Whilst we have family in the UK,  is a life elsewhere really such a bad idea?  I mean a house is just bricks and mortar – somewhere to live.  Home is where you’re loved.  Isn’t that where the man or woman you married lives?

Directive 2004/38/EC – Freemovement Citizens Directive

What is Directive 2004/38/EC

Directive 2004/38/EC is a set of treaty rights under EU law that is given to all EU citizens.

What rights do I have under Directive 2004/38/EC

Directive 2004/38/EC gives all EU citizens free movement rights.  These include the right to:

  • travel for less than 3 months.  You will only need proof of nationality;
  • work in another member state;
  • be self employed in another member state;
  • be self sufficient in another member state;
  • be a student in another member state;

Where does Directive 2004/38/EC apply

Unfortunately, the free movement directive only normally applies in a member state of which you are not a national.  This means that British Citizen’s cannot normally rely on free movement law within Britain.   However, there is a ‘derived’ right from the free movement directive.  This right comes from the Surinder Singh court case.