Following the new EEA Regulations published this week, the UK Border Agency has now released new versions of the EEA application forms.
These new forms need to be used by all applicants and family members, applying in the UK or outside the UK.
Additional sections are introduced in the forms to take account of the new EEA Regulations on new rights of residence, dual citizenship and retained residence. Furthermore, a specific section is introduced for applications through the “Surinder Singh” judgement – which applies to the family member of a British citizen returning to the UK.
Do you need assistance with an EEA application?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
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
Monday 23 July 2012
Tuesday 17 July 2012
New EEA Regulations introduced on 16 July 2012
The UK government have introduced new EEA Regulations – which govern the rights of EEA nationals and their families to enter and live in the UK.
The new Regulations set out some detailed changes following some important cases in the European Court of Justice.
There are new rights of residence established for certain categories (such as carers and children).
However, a major restriction seems to be introduced for those who are dual nationals - an EEA citizen and also a UK citizen.
The UK Border Agency are maintaining that EEA rights are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State. We remain to see exactly how this will be enforced but it could impact on many applicants.
The UK Border Agency have announced that new application forms will now be introduced to reflect the new Regulations.
Do you need assistance with an EEA application ?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
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
The new Regulations set out some detailed changes following some important cases in the European Court of Justice.
There are new rights of residence established for certain categories (such as carers and children).
However, a major restriction seems to be introduced for those who are dual nationals - an EEA citizen and also a UK citizen.
The UK Border Agency are maintaining that EEA rights are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State. We remain to see exactly how this will be enforced but it could impact on many applicants.
The UK Border Agency have announced that new application forms will now be introduced to reflect the new Regulations.
Do you need assistance with an EEA application ?
If so, please complete this quick registration form on our website;
http://www.commonwealthimmigration.com/assesment_form.html
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
Friday 6 July 2012
Aussie rules - The new Australian Migration System explained
See our Article in The Actuary magazine - on the new Australian Migration system
http://www.theactuary.com/features/2012/07/aussie-rules/
http://www.theactuary.com/features/2012/07/aussie-rules/
New UK visa rules for spouses and partners
Effective 9 July, new rules will be implemented for those applying for UK visas as spouses, partners and fiancees.
Tougher new financial requirements need to be met, including minimum levels of income or savings. The new rules seem to remove much of the inbuilt flexibility currently in the "maintenance" tests.
Also, the probationary period for those in this category will be increased from 2 to 5 years. Some of the key points include;
introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses andpartners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor;
and restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
keep up to date through our website
www.commonwealthimmigration.com
Tougher new financial requirements need to be met, including minimum levels of income or savings. The new rules seem to remove much of the inbuilt flexibility currently in the "maintenance" tests.
Also, the probationary period for those in this category will be increased from 2 to 5 years. Some of the key points include;
introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
publishing, in casework guidance, a list of factors associated with genuine and non-genuine relationships, to help UK Border Agency caseworkers to focus on these issues;
extending the minimum probationary period for settlement for non-EEA spouses andpartners from two years to five years, to test the genuineness of the relationship;
abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;
allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor;
and restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.
keep up to date through our website
www.commonwealthimmigration.com
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