Breytenbachs Immigration Consultants Newsletter 
July 2013
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Breytenbachs Immigration Consultants Ltd
Third Floor, Cutlers Court, 115 Houndsditch, 
London, EC3A 7BR  
Tel: +44(0) 845 074 0514
info@bic-immigration.com
Regulated by the OISC. Ref No. F201000144.
Good news on UK family migration rules!
 

The UK High Court has found the controversial UK immigration rules requiring a minimum income of at least �18,600 for spouse visa applications, as 'unjustified and disproportionate' where the sponsor is a refugee or a British citizen.

As a result the UK Home Office said in a statement that it will pause decision-making on some spouse and partner and child settlement visas, as well as leave to remain applications to enable them to consider the implications of the judgement.

The pause will apply to all family migration applications, where the applications would be refused solely because the rules relating to the minimum income threshold are not met. The UK Home Office said that the pause will also be extended to adoption cases which would be refused on the income requirement.

However, applications that will be refused based on the other requirements not met, such as the English language requirement, that the relationship must be genuine and subsisting, will be continued to be processed and decided as normal.

The UK Home Office said that it will make further announcements in this regard, as soon as they have considered the implications of the judgement.

BIC will inform clients as soon as new information becomes available. 

FAQ - UK Family Migration Judgement
                                       

Is it still possible to apply for a spouse/partner or child application under the UK family migration rules?

Yes, it is, but if you do not meet the minimum income threshold, the UK Home Office will 'pause' consideration of your application, until further notice.

However, applications that will be refused based on the other requirements not being met, such as the English language requirement, and that the relationship must be genuine and subsisting, will be continued to be processed and decided as normal.

What happens if I do meet the minimum income threshold requirement?

If you do meet the minimum income threshold requirement, your application will be considered as usual, and should you fulfil all the other requirements, you should be successful in your application.

How long will this 'pause' in considerations of applications that do not meet the income requirement be?

We have no further information in this regard, but will inform clients as soon as the UK Home Office makes a further announcement in this regard.

What if I want to withdraw my application?

If your application has been 'paused' and you withdraw your application, you will receive your passport back, but will lose your application fee.

For more information, please email our offices

Tier 2 Intra Company Transfer applicants to receive passports within 7 to 10 days!

               

The UK Home Office has announced the launch of a new pilot service on 22 July 2013. Under this pilot service Tier 2 Intra company transfer applicants in the UK will receive their passports back before a decision are made on their application.

The Home Office said that applicants will have their passports returned within 7 to 10 days of their application being received by the UK Home Office.

The advantages of this service for applicants will be that they will be able to continue to use their passports during the application process.

The UK Home Office further said that should this pilot proves successful additional routes will be considered for this service.

Knowledge of Language and Life requirement for settlement in UK
                                   

From 28 October 2013, all applicants for settlement (Indefinite Leave to Remain) in the UK, as well as UK citizenship would be expected to fulfil two requirements, unless exempt. 

The requirements are; To pass the Life in the UK test; and To have an English speaking and listening qualification at the B1 Common European Framework of Reference for languages (CEFR).

 

This is known as the KoLL requirement - Knowledge of Language and Life requirement.

Persons who are nationals of majority English speaking countries, and those who have obtained a degree taught in English will be required to take the Life in the UK test, but will not be required to take the English test.

The following countries are reckoned to be majority English speaking countries; Antigua and Barbuda; Australia, Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, and the United States of America.

Who will be exempt?

The following persons will inter alia be exempt from the KoLL requirement;

  • Children under 18 years of age;
  • Persons aged 65 years and older;
  • Persons who have a physical or mental condition which restricts their ability to learn English and/or communicate and/or to take the Life in the UK test;
  • Persons on the adult dependent relative, and retired person of independent means migration routes;
  • Spouses of British citizens or persons settled in the UK who have been victims of domestic violence or whose spouse has died;
  • Refugees and those with humanitarian protection;
  • Certain categories of persons will be able to apply for further periods of limited leave to enable them to meet the requirements, including;
    • Dependants of HM forces personnel ;
    • Dependants of persons who originally entered as PBS migrants or work permit holders.
    • Provisions will be also be introduced for certain individuals who have been in the UK for 15 years with limited leave as a partner, child or parent, or dependant of HM Forces personnel. Please speak to one of our consultants for more information about this category.

For more information, or to clarify your situation, please send an email to info@bic-immigration.com or speak to your BIC consultant.  

Tougher penalties for employing illegal immigrants to be introduced                 

The UK Government has announced that it will introduce tougher penalties against businesses that employ illegal immigrants, whilst at the same time cut red tape for legitimate employers.

The proposals are part of the UK government's plan to make it more difficult for illegal immigrants to live and work in the UK, as well as for employers exploiting them. The proposed plans will form part of an Immigration bill that will be introduced during the course of 2013. The Immigration bill will reportedly also reduce access to free NHS care and rented accommodation for illegal immigrants.

The consultation on the proposals will run for six weeks, and some of the plans in the consultation document inter alia include;

  • The maximum penalty for employing an illegal immigrant will be increased to �20,000 per worker and will be aimed at employers who repeatedly contravene;
  • The calculation of civil penalties, and the way they are enforced in the civil courts will be simplified.
  • The number of documents that an employer needs to check to establish a worker's right to work will be reduced; and
  • The guidance for employers and operation of the scheme will be simplified.
  
SA introduces new smart ID card
                                    
SA Flag

The South African news agency, News24 reported that the first smart South African ID cards were issued on 18 July 2013.

The first cards were issued to eminent South Africans including; former presidents Nelson Mandela and FW de Klerk, President Jacob Zuma, Archbishop Emeritus Desmond Tutu and others.

Home Affairs Minister Naledi Pandor was reported as saying that the ID smart card was a way of affirming citizenship and using digital technology to protect the integrity of the identity of South Africans.

Minister Pandor was also reported as saying that the roll out of identity smart cards would start at 27 regional offices and will target new applicants and those applying to have their identity documents re-issued.  

PPS

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They will assist you with unbiased advice on all properties and can include residential, buy-to-let investment or commercial properties.  Due to their ongoing contact with real estate agents, they are regularly notified of properties before they go onto the open market. 

 

For more information, please visit www.propertyps.co.uk

 

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Highlights in this issue
Good news on UK family migration rules
FAQ - Family migration
Tier 2 ICT applicants to receive passports quicker
Knowledge of Language and Life requirement for settlement in the UK
SA introduces new smart ID card
Croatia joins the EU
UK HO now charges for EEA applications
Our Staff 
Barbara   
Barbara Breytenbach
Pretoria

 

 

 

Testimonials
 

" I must say I have been very happy with your service.

 

I'll definitely recommend your services in the future"

 

Jason Nash

 

"On the whole great professionalism was displayed throughout the process, and having obtained fee comparisons from other immigration consultants, I can say that Breytenbachs is superb. Not only is it a great value for money offering, it's also backed up by fantastic service."

 

Quinton Naidoo

 

UK Home Affairs backlog 'staggering'
                                       

The BBC reported that a group of influential MP's said that the backlog of unresolved UK immigration cases has grown to more than half a million cases.

The Parliamentary cross-party committee on Home Affairs also questioned whether splitting the UK Border Agency would solve the problem. The committee chairman, Keith Vaz was quoted by the BBC as saying that the backlog was 'staggering' and that they needed to make sure the abolishment of the UK Border Agency was not simply a 'rebranding exercise'. He further said that a fundamental change was needed in how officials tackled the backlog to resolve the issue once and for all.

  
Croatia joins the European Union
 
Croatia

Croatia became the 28th member of the European Union on 1 July 2013.

Croatian nationals are now able to enter and live in the United Kingdom without permission. They will however be required to obtain permission in order to work in the UK, unless exempt.

The UK Home Office said in a statement that Croatian students wanting to study in the UK do not need to be sponsored under Tier 4, but must obtain accession worker authorisation if they want or need to work.

A Croatian national that work without the required permission will be committing a criminal offence, which could lead to a fine and/or imprisonment for both the employer and employee.

Please contact our office at info@bic-immigration.com for more information. 

No Visa, No Fee!

 

Did you know that BIC operates on a No Visa, No Fee basis?

 

We guarantee our work, which means that in the unlikely event of the permit or visa not being granted, no fee will be charged!

 

This is subject to certain conditions, and can for example not be extended to persons who have contravened the immigration rules.

 

Please speak to one of our consultants to find out more.

BIC available globally!


Did you know that you can have a consultation with one of our OISC registered immigration consultants no matter where in the world you are?

To arrange for a telephone or SKYPE consultation, please contact our office at
info@bic-immigration.com

UK Home Office now charges for EEA applications


Clients must please note that the UK Home Office has introduced a fee for all EEA applications that are made from within the UK.

  
The fee of 55 GBP must now accompany all EEA applications, made from within the UK from 1 July 2013. The UK Home Office said that applications not accompanied by the fee, will not be accepted.
  
The fee must also be paid for all Bulgarian, Romanian and Croatian registration certificates, residence cards, as well as the application for the family residence stamps. 
SA Immigration 

Returning to South Africa? Need help to get your non-South African spouse or partner a visa to live and work in South Africa?

 

For more information you are welcome to send us an email with your short query. Alternatively, you can fill out our online SA Immigration appraisal form. By filling out this form, we will be able to assess your situation and provide advice for your unique situation. Our experts are waiting to hear from you!

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Online

Immigration Consultation

Breytenbachs Immigration Consultants Ltd has a secure online immigration appraisal form, which enable us to determine for which visa or permit you can qualify. We can also advise on all other UK or SA Immigration matters. Your unique circumstances are considered and you get feedback and advice from OISC registered consultants.  
Please follow this link to our immigration appraisal form