Applying for an EEA Family Permit

For EEA nationals who wish to live with their families and work in the UK, it is recommended that any relative of the EEA national that is not from one of the 27 countries that make up the EEA, files for a family permit UK.  The person must be a family member of an EEA national to qualify, and in effect this acts as a visa, giving the family member clearance to reside permanently in the UK while the claimant works or searches for work.

Dependant family

The term ‘family member’ is defined as being a child or grandchild under the age of 21 who is dependant on the claimant, a husband, wife, or civil partner, or grandparents that are also dependent on the claimant.  Anyone who is not immediate family must show that they are dependent on the claimant in order to be considered for access, and non-dependent family members are not eligible for free residence in the UK.  There is no application fee required in order to apply for a family permit, and any doubts as to the eligibility of a person for this process should be directed to our immigration solicitors. 

Documents must be provided to prove that the non EEA national family member is related to the claimant, and it is advisable to provide everything that is requested in order to process the application smoothly.  As immigration lawyers, we are well versed in the procedure and will provide assistance at all levels of the application.  The passport of the EEA national is needed in order to prove that the non EEA member is related to them, and the passport should also be endorsed by the embassy of the country of the EEA national’s place of residence.  A birth certificate or marriage certificate is also needed in order to prove the relationship between the non EEA member and the EEA national; if these are not accessible some other kind of proof of the relationship of the family member is required. If in doubt as to what kind of certification is needed, then our immigration law firm can provide the answers.

The EEA national must also provide a letter confirming that the family member is travelling with them, or travelling to join them in the EEA member’s country of residency.

Document evidence

The EEA national should also provide a range of documentation to prove that they are deemed as a ‘qualified person’.  Firstly, the person must have been living in the UK for at least three months, and if the person is a worker they must provide their contract of employment, wage slips, and/or a letter from their employer.  Students must provide evidence from their college or university of their enrolment and completion dates.  Evidence that the EEA national has sufficient funds to support the dependant family member must also be provided.  Although the whole process may seem challenging, our immigration lawyer firm specialises in all things that come underneath the immigration umbrella, so if a person has any doubts, do not hesitate to contact our experts.

Family Dependency Visa

Moving to the UK to be closer to your family might be a little easier than you might think. If you are classed as a dependant adult relative and are over the age of 18 you are eligible to apply. A dependant adult relative means that you are the grandparent, parent, son daughter, brother or sister of a person who is already a British citizen. If your relative lives in the UK, but is not yet a British citizen, then your application may not be eligible. The best advice can be obtained from immigration solicitors.

You will still need to meet certain criteria if you fit into the category of dependant adult relative, such as needing personal care for a long period. Personal care means help with tasks around the home, such as washing yourself or needing help to cook meals for yourself. You must be able to prove that the care you need is either not available in your home country or it is unaffordable. If the care you need is not available you also need to be able to prove you have no one else in your home country that can do this for you. The UK relative also needs to be able to prove they can care for you independently without the need for state assistance, such as benefits or a council owned property. Immigration lawyers will advise that your UK relative will be expected to sign a consent form stating they are able to care for you for at least five years without the need for public funding assistance.

Your visa must be applied for from your home country. You will not be allowed to move to the UK and then apply for the family dependency visa. It is possible for many people, depending on their country of origin, to make the application online. The form required is the VAF4A and an immigration lawyer can tell you more about this.

All documents must be included with your application, including the sponsorship form signed by your relative. An immigration law firm will be able to check that everything is in place. You will also need to be willing to submit your fingerprints and facial image at the visa application centre. Your biometric information will then be stored in a database. This is now a standard requirement for all those requesting permanent residence in the United Kingdom.

Each country will have its own application process and the information relevant to you is easily found online. You will also be able to find your nearest visa application centre, so you will know where to send your paperwork and where you will need to submit your facial image and fingerprints.

The application processing period will vary, but once completed your paperwork will be returned to you. If you are successful you will be free to travel to the UK to stay with your sponsor. You may need to produce your paperwork at the border for the customs officials to check, so make sure you have everything to hand when you travel, as you can be asked for it at any stage.

Tier 1 Exceptional Talent visas

For migrants from outside of Europe who are classed as world class exponents of the fields of science, humanities, engineering or the arts, who are intending to perform a period of work in the UK an Exceptional Talent Visa UK is required.  This type of visa is evaluated by the means of the UK Border Agency points system, and is specifically for overseas applicants that are not part of the EEA (European Economic Area), or a Swiss national.  It is recommended that before applying, and with the help of an immigration lawyer, the policy guidance notes for this type of visa are read through carefully in order to check the person is applying for the correct type of visa.

Border Agency guidelines

All applications for an exceptional are subject to the general grounds for refusal.  This means that, even if the person qualifies under their relevant category, any previous immigration issues (such as a past visa refusal or a deportation) could warrant a refusal from the UK Border Agency.  For a successful application under the UK Border Agency points system, 75 attribute points must be scored for entry clearance.  In order for a person to qualify for indefinite leave to remain under a Tier 1 exceptional talent visa, they must score 75 points on attributes, and a further 10 points must be scored for English language.  Points are also awarded depending on the assessment and judgement of a ‘designated competent body’.

A ‘designated competent body’ is an organisation that has world class authority in their respective fields.  There are four organisations that are registered with the UK Border Agency as each being a ‘designated competent body’.  The four companies are The British Academy, (for humanities and social science applications), the Arts Council England (arts and cultures), the Royal Society (natural and medical science research) and The Royal Academy of Engineering for engineering applications.    

The appropriate designated competent body will be asked by the UK Border Agency if they are willing to endorse the person and their application.  The criteria for deciding whether a person is classed as being exceptionally talented can be discussed with experts at our immigration law firm.  Getting one of these visas is not easy, and there is a limit of only one thousand permitted this year, so the help of immigration lawyers can strengthen the case for application.

Extension

For an extension application for the person to remain in the UK for a further period of time, it must be shown that the person has earned money through the result of self-employment or employment in the field for which they have been endorsed.  All documents that are required should be sent as originals and not copies, and proof of income, current financial status and identity will be required.  For an extension on a Tier 1, the applicant must also pass an English language test.  English is the most widely spoken language in the UK and knowing the language to a good working level is considered important for successful integration.  As immigration solicitors we know that this type of process may appear time-consuming and complex, and that is why we offer expert guidance and support for many cases concerning immigration law.

Tier 5 Temporary Worker visas

A person who will be taking part in a limited period of work in the UK will need to submit an application for a Tier 5 temporary work visa UK.  There are several categories of Tier 5 work visa and it is important that the applicant chooses the correct form to fill in.  For many of these categories it is essential that the worker has a solid job offer from their licensed sponsor in order to proceed with the visa application.  The type of application depends on the job that the person intends to do in the UK.

Athletes

For musicians, entertainers, professional athletes, actors and creative artists the correct approach is to apply under the creative and sporting Tier 5 worker visas.  The applicant must have a verified sponsor and a valid sponsorship certificate in order to proceed with the application.  For athletes and sportsmen and women, their sponsor must be endorsed by a recognised governing body of their relevant sport.  When a person applies for a creative and sporting visa they are awarded a number of points that will be based on the sponsorship details and the funds available to the visa applicant.

When a sportsperson or creative worker is accepted for a temporary worker visa they are free to live and work in the UK for a maximum of 12 months, or for the period stated in the certificate of sponsorship, plus 28 days.  For more detailed advice on the requirements of an athlete, many turn to our immigration law firm to help them through the process of applying to the UK Border Agency.

Charity workers

The charity worker sub-category of the Tier 5 temporary worker visa applies to people who are coming to the United Kingdom to do unpaid voluntary work.  In order to make the application, the person must have a sponsor and a sponsorship certificate and the work must be directly related to the company that is sponsoring the worker.  Immigration solicitors will help to guide the worker and organisation through a successful term of employment, and will oversee the application process to ensure all the boxes are ticked for a strong case.

Multiple entry certificates

For those who will have to leave the UK maybe several times during their allotted work visa period, a multiple entry certificate of sponsorship can be assigned to a person by their sponsor.  If the initial period of the temporary visa is six months or less then the person cannot return after leaving the UK.  An immigration lawyer would advise that the worker must reapply from abroad in order to re-enter the United Kingdom.  Other sub-categories for a Tier 5 temporary worker visa include religious workers such as pastors, preachers, and general religious workers of various religions.

The Government Authorised Exchange category is for people who will enter the UK as part of recognised schemes that intend to educate on British culture and knowledge and various other subjects.  A resident of the EEA (European Economic Area), or Swiss national, does not need to apply under the points based system.  For further enquiries, contact our immigration lawyers.

UK Passports

Applying for a UK passport for the first time is a painless process provided the individual supplies the correct documentation with their application.  Although the process and requirements vary depending on the status and nationality of the individual who is applying for the passport, British citizens can apply in a variety of ways.

Legal requirement for overseas travel

If a person is a British citizen, or overseas territories citizen, a British national (overseas), or a British subject or protected person, then they have the right to apply for a British passport.  To be authorised as having British citizenship for a person whose birth date was prior to 1st January 1983, the person must have had ‘right to abode’ in the UK.  A person with right to abode has no restrictions within the UK and is free to work and live in the United Kingdom.  A right to abode also gives the person the right to enter the UK legally without permission from an immigration officer.  People who were born in the UK before the above mentioned date qualify for right to abode, as do those who have been naturalised, or those who have registered UK and Colonies citizenship.  Our immigration law firm can provide assistance to anyone who may be unclear on their current state of eligibility for a UK passport.

Those born after 1st January 1983 are classed as a British citizen if their mother or father was a British citizen or classed as ‘settled’ when the applicant was born.  In the majority of cases a person is classed as a British citizen if the mother or father of the individual was born in the UK, or naturalised in the UK.  If a child is under 16 and the applicant is the British legally recognised parent then the child can receive a child passport.  It is possible to receive a fast track service if the applicant needs the child passport in a hurry.  To qualify for this, the person must pay a fee and submit the complete range of required documentation (original copies).  This will see the child’s passport processed and delivered in one week, and this service is also available for the renewal of passports.  Special rules for passport applications apply if the child is adopted, fostered or born through surrogacy.  As immigration solicitors we can provide help and advice on passports for British nationals and also if the person is not of British nationality.

Group passports

Group passports can also be applied for if the correct criteria are met, and to find out more contact our immigration lawyers.  These passports are not for families, and are intended for the use of groups of school children, guides, scouts, sixth form students and other different youth organisations.  In order to qualify for a group passport, everybody in the group must be a British national and under the age of 18 at the end of the trip.  There must also be a group leader with the group who is over the age of 21 and holds a valid 10 year passport.  An immigration lawyer will provide assistance with any queries relating to any of the above subjects.

Legal Aid Immigration Solicitors: How to Choose Them Right?

Choosing a right solicitor can be a hard nut to crack sometimes. For every need there is a specialist solicitor who is an exert in a particular field. These needs can be named as solicitors specialising in community care, legal aid immigration solicitors, mental health solicitors, solicitors specialising in welfare benefits, solicitors that deal with housing issues, solicitors who fight social services safeguarding etc.

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• Analytical Skills.
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