Child Registration Fee Declared Unlawful

The Court of Appeal has upheld the High Court’s previous ruling that the £1012 fee the Home Office charges in order to register a child as a British Citizen is unlawful. The basis of this ruling is that the cost is prohibitively high, does not reflect the actual administrative costs, and results in alienation and ‘othering’ of children with a right to citizenship who are unable to access this due to financial limitations. The actual process of registering a child costs the Home Office £372 and the Home Office claims to use the remaining £640 profit they make to cross-subsidise other parts of the immigration system.

It is difficult to see why it should fall to children and their families to subsidise other aspects of the immigration system and the judge today pointed out that the system failed to consider the impact of this on the children in question’s rights, pointing out that for many families, particularly those with multiple children, it was “difficult to see how the fee could be afforded at all”.

The original judgment was made by a High Court judge in December 2019. The judge ruled that the fee was unlawful on the basis of substantial evidence that there were many children who were unable to register for citizenship as a result of the prohibitively high fee. This made them feel “alienated, second best and not fully assimilated into the culture and social fabric of the UK”.

The ruling indicated that the department had failed to take into consideration the best interests of these children or give primary consideration to those interests when considering the level at which to set the fee. The Home Office appealed unsuccessfully against this ruling, and must now reconsider the fee, taking into account the best interests of the children as they do so.

It has not yet been announced what the new fee might be, or how the Home Office will respond to this ruling, but it is likely this will lead to a reduction in fees for children applying to register as British citizens, so watch this space for further news.

If you would like to find out more about your child’s eligibility for British citizenship, or any other UK immigration matter, we can help. Get in touch on 01403 801 801 or send us an email at [email protected] for a consultation with one of our experts.

What Records Do I Need to Keep for Employees on Skilled Worker Visas?

As of the 1st of January 2021, firms hoping to employ EU workers will now need to apply for a sponsor license in order to employ workers from any country outside of the UK or Ireland. This is because Freedom of Movement from the EU has now ended and these workers are required to apply for entry clearance under the same system as non-EU nationals.

For many companies this will be their first time holding a sponsor license and the duties can seem overwhelming, with serious consequences for even innocent mistakes. One of the most common areas where sponsors are likely to run into trouble is the requirement to keep extensive records for their sponsored workers.

In this article we will provide a brief summary of the document keeping requirements, but there are many other complex aspects to sponsoring overseas workers.

The following is a summary of the documents which you must keep for all sponsored workers. It is not intended to be exhaustive or a replacement for consulting the official immigration rules, which can be located in Appendix D.

We highly recommend you take professional advice when sponsoring overseas workers, as non-compliance can result in your license being revoked, which then results in all sponsored employees losing their right to work for you and indeed to remain in the UK. You may also struggle to become licensed again in the future with a history of non-compliance.

You must keep the following records, and be aware that the Home Office has the right to inspect them so you should ensure they can be accessed easily if requested. You may also be required to keep some other records not listed here depending on your individual circumstances.

  • Records of the migrant’s absences, which may be kept electronically or manually.
  • Copy of their current passport and both sides of the BRP card. This can be a hard copy or a scanned copy in a format which cannot be manually altered, such as a jpeg or pdf document. You should keep the copies securely for the duration of the person’s employment and for a further two years after they stop working for you. You should also be able to produce these document copies quickly in the event that you are requested to show them to demonstrate that you have performed a right to work check and retain a statutory excuse. You must also make a note of the date on which you conducted the check. This can be by either making a dated declaration on the copy or by holding a separate record, securely, which can be shown to us upon request. This date may be written on the document copy as follows: ‘the date on which this right to work check was made: [insert date]’ or a manual or digital record may be made at the time you conduct and copy the documents which includes this information.
  • A history of the migrant’s contact details to include UK residential address, telephone number and mobile telephone number. This must be kept up to date with any changes to these details.
  • Copies of the migrant’s payslips, clearly showing the name, NI number, tax code, any allowances paid, and deductions made
  • A copy of any contract of employment or for services, or a written statement of employment particulars, between the sponsor and the migrant which clearly shows the names and signatures of all parties involved, the start and end dates of the contract, details of the job the migrant has been contracted to do and an indication of how much the migrant will be paid.

 

We offer assistance with record keeping and compliance as part of the ongoing support we offer for the duration of your sponsor license, should you instruct us to manage it. If you will be sponsoring migrant workers we advise you take professional advice. Get in touch on 01403 801 801 or at [email protected] for more information about how our experts can help you with all aspects of the license process including application and ongoing compliance.

Introducing the New Visa for Hong Kong British Nationals (Overseas)

As of 31/01/2021 the new visa for Hong Kong British Nationals (Overseas) will be open for new applicants. In this blog we will give an overview of the eligibility requirements as well as the kind of activities successful applicants are able to undertake while present on this visa.

 

Who Can Apply?

Anyone with British national (overseas) status. You don’t need a British national (overseas) passport in order to apply, and if you have one but it is expired you don’t need to apply for a new one. If you have an expired one however you should submit this with your application.

You will need a valid travel document but this can be a Hong Kong Special Administrative Region passport. You can apply from inside or outside the UK.

If you apply from outside the UK you and your family must normally be resident in Hong Kong. If you apply from inside the UK you must be normally resident in the UK, Hong Kong, Jersey, Guernsey or the Isle of Man.

How Long Can I Stay For?

You will initially be granted 5 years of leave or 2.5 years of leave after which you will be able to extend it for a further 2.5 years. After 5 years on this route you will be able to apply for indefinite leave to remain in the UK. After holding Indefinite Leave to Remain for 12 moths you will be able to apply for British Citizenship.

What Can I do?

You can work, study, and use the NHS (National Health Service). If you have children they will be able to attend school for free if they are under 18.

You will not be able access public funds (social welfare benefits and similar)

How Much Does it Cost?

The visa application itself will cost £180 for 2.5 years or £250 for 5 years (although the Home Office has not made it clear under what circumstances an application could be made for 5 years).

You will also have to pay the Immigration Health Surcharge as a mandatory part of the application. This costs £1,560 for 2.5 years or £3,120 for 5 years per adult applicant and £1,175 per 2.5 years and £2,350 per 5 years per child under 18.

Can I Bring my Family?

This visa category allows for dependants to accompany the main applicant regardless of whether they themselves are British nationals (overseas). Your family must apply at the same time as you, they cannot apply to join you later.

Your family members must normally live with you and may include the following

-Spouse, civil partner or unmarried partner,

-Child under 18

– Adult child born on or after 1 July 1997 (and their spouse, or child under the age of 18)

– Extended family members like parents, grandparents or siblings where there is a high level of dependency and exceptional circumstances.

What Documents Will I Need?

You will need to provide the following:

  • Evidence you can financially support yourself and your family for 6 months (this might take the form of bank statements or letters from friends and family)
  • A TB certificate (If you normally live in Hong Kong or have been living in another country requiring a TB test in the past 6 months OR you are in the UK and your last grant of leave was for 6 months or less)
  • Evidence of where you normally live.

 

We recommend everyone takes professional advice when applying for a visa. If you would like to find out more about how we can help you apply for the British National (overseas) visa, or any other UK visa, please gives us a call on 01403 801 801 or email us at [email protected] for a consultation.

Graduate Visa Route to Open for Applications From 1st of July 2021

The government has announced today (4th March 2021) that the new Graduate route will be open for applications from the 1st of July 2021. Here’s what it means for you at a glance.

 

Who Can Apply?

International students who have completed a degree at an undergraduate level or higher and have a valid Tier 4 or Student visa at the time of application. Applicants who have previously studied in the UK but do not currently have Tier 4 or student leave will unfortunately not be eligible.

How Much Will it Cost?

Applicants will have to pay a £700 application fee as well as the Immigration Health Surcharge at a rate of £624 per year (so £1248)

How Long Can I Stay?

Successful applicants will be able to stay for 2 years (3 years for doctoral students). This period of time will not count towards settlement but they will be able to switch in country to the Skilled Worker route if they are successful in finding a job with a company willing to sponsor them. They may also be able to switch under the family route if they have a British or settled partner. You are not able to extend your stay under the same visa route.

Can my Dependants Apply with Me?

Any individuals who were present with you as dependants on your Tier 4 or Student visa will be able to apply to remain with you as your dependants, however you will not be able to add new dependants after you have applied.

Do I Need a Sponsor?

No you do not need a sponsor for this route although if you choose to stay in the UK you will need one in order to switch to the Skilled Worker route. Your university will also not have to sponsor you or fulfil and sponsorship duties in relation to your application under this route once they have notified the Home Office that you have successfully completed your course.

What Am I Allowed to do on this Visa?

You can work, rent property, marry and use the NHS on this visa. You may not however access public funds, (for example housing benefits or Universal Credit). You can switch in country to a Skilled Worker Visa.

 

If you think you may be eligible for this visa route, or any other, we can help. Get in touch on 01403 801 801 or at [email protected] for a consultation with one of our experts. 

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No Win No Fee Visa Guarantee logo

UK VISAS NO WIN NO FEE PROMISE

We provide a ‘No Win – No Fee’ guarantee for all points-based system visa applications unless expressly stated at the time of appointment. We will guarantee our service for these applications by offering a full refund on our fee should it be unsuccessful.

These guaranteed terms are conditional upon the client being able to demonstrate to the satisfaction of the Home Office that they have earned the income claimed or that they have the necessary funding in place for maintenance or are fully conversant with their business plan in the case of Tier 1 Entrepreneurs.

It also presumes that neither the applicant nor their dependants have previously come under scrutiny or been under investigation by the Home Office for any immigration matter. In order that we can do our job properly the necessary information and details required should be made available and they must genuine as well as accurate.