It
is not clear exactly when the Brexit will occur but many EEA
nationals will be anxious about their Immigration status. As of now
it is unclear as to when and what changes will occur in relation to
migration between Europe and the UK. However, nothing is going to
change for at least 2 years as there is still a lot of negotiation to
be done between the countries.
As
a European national you can be in the UK without holding any
documents to confirm your Immigration status in the UK. If you have
obtained a residence card or permanent residence to show your right
to remain in the UK it is unlikely that the brexit will affect you.
However, the brexit brings with it much uncertainty about the future
of EEA nationals without any documentation to confirm their
Immigration status. Therefore if you have resided in the UK for more
than 5 years and have been exercising treaty rights then it may be a
good idea to apply for permanent residence. Once you have obtained
permanent residence then you would need to wait a year before you are
eligible to apply for naturalisation.
Judicial
Review Fees: Recently it has been announced that the fees for
the permission stage of Judicial Review applications will be rising
by 10%. To apply for permission to make an application for Judicial
Review the fee has increased from £140 to £154. The fees have also
increased for an application to reconsider a refusal of a permission
application and also for proceeding to a full hearing if permission
has been granted from £350 to £385.00.
Landlord
and employer checks: For a long time it has been illegal to
both employ or rent a property to someone who is subject to
immigration control. However, recently the Home Office have become
extremely strict on this requirement, landlords and employers are
expected to complete right to rent and right to work checks. If
employers and landlords do not follow the procedures then they risk
facing a penalty which could be a fine but could now also result in
imprisonment if they are found to have employed someone without any
legal status in the UK.
Increase
in application fees: Since the 18th of March this year, there
has been a substantial increase in most application fees to the Home
Office. An example would be the fee for applications for Indefinite
Leave to Remain which has gone up by £375 from £1500 to £1875 or
the fee for further leave to remain applications which has gone up
from £649 to £811.
English
Language: Since November 2015 there has been a major change
to the rules on which English Language tests meet the requirement for
Home Office purposes. Now only two English language test providers;
Trinity College London and Cambridge English Language Assessment are
accepted by the Home Office. Furthermore, all English Language tests
have been given a validity of only two years. However, in certain
circumstances you may still be able to utilise the test certificate
which you provided in a previous application. This is applicable in a
spouse extension application if you had previously completed a test
at the required A1 level.
Recent
Case Law on Elderly Dependant Visas: There is some
positive news at this end. There has been a recent case in
which the applicant won under Article 8 of the Human Rights Act 1998.
If
you require a UK
immigration lawyer Uxbridge
for
assistance with any of the matters above or with any aspect of UK
immigration law whether from inside the U.K or from overseas, contact
Shalini V Bhargava of Aschfords Law in Harrow, London. We also
provide legal advice and assistance in respect of Family Law, Wills &
Probate, Litigation, Landlord & Tenant.
