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Brexit & Coronavirus

Brexit - Our experienced immigration solicitors have a proven track record of representing EU nationals and their family members. Coronavirus - Announcement 16 March 2020.

Coronavirus Announcement

In light of the recent coronavirus outbreak and uncertain times ahead, we as an established legal practice are ensuring continuity of our legal services during this difficult time. It is anticipated that there will be minimal interruption to our legal services and case/client management throughout the coronavirus outbreak.

In order to assist existing and new clients, while minimizing the impact of coronavirus by promoting safety of our staff and clients, we are no longer conducting face-to-face meetings with our clients.
We have adapted our operating processes and work-flow systems to enable all our staff to work remotely, with access to all files.

Using our cloud-based case management system, our cases are being attended to and all our lawyers will be able to communicate with clients via telephone and video conferencing.

At this time, there is an even greater need for legal services, resulting directly from coronavirus and a subsequent chain reaction of events leading clients requiring legal help. In respect of all legal services we offer, the following being some illustrations, may be of interest to you, resulting from coronavirus related direct actions:

Immigration – remaining in the UK.

Employment – unfair dismissal or redundancy, contingency planning.

Company/Commercial – breaches of contract, company and commercial disputes.

Wills & Estate Planning – Structuring your estate and reviewing your Will, Trusts and Lasting Powers of Attorney.

We are currently advising nationals of affected countries from around the world, whom are currently in the United Kingdom. There is a base at present to submit applications for these people to be granted leave to remain in the United Kingdom, on the basis that there are significant obstacles to reintegrate back to coronavirus affected countries, which are currently, Cambodia, China, Hong Kong, Iran, Italy , Japan, Korea, Laos, Macau, Malaysia, Myanmar, Singapore, Taiwan, Thailand and Vietnam.

We are aware of Home Office policy at present, that allows nationals of China to automatically extend their leave to remain. There is a relaxed attitude towards the need for them to leave the UK in order to obtain entry clearance, and to return again back to the UK.

The seriousness of the coronavirus outbreak means, in our opinion, that no person should be returned to a coronavirus affected country. Also that those who are living in the UK as overstayers, yet enjoying family lives, can argue a claim to remain in the UK on the basis that there are insurmountable obstacles to such family life being enjoyed abroad, or that it would be a breach of human rights to require an applicant to leave the UK to obtain entry clearance to enjoy family life in the UK.

We recommend that through this difficult time, your important legal matters are not put on hold and that you contact us today to arrange a telephone or video consultation.

Brexit

Because of the United Kingdom’s withdrawal from the European Union (‘Brexit’) it is essential for all European Nationals and their family members and dependents to be absolutely sure of their status in the United Kingdom.

If you are the family member of a European Union (EU) national you may initially enter the UK for a period of 3 months provided that you produce a passport and either a European Economic Area (EEA) Family Permit, a Residence Card or a Permanent Residence Card. You may then remain in the UK for so long as you remain the family member of the EU national and the EU national is a ‘qualified person’ under EU Law, that is, a jobseeker, a worker, self-employed, self-sufficient or a student.

In addition, any child (aged under 21 years) of any family member of an EU national may also have the right to join their parent in the UK.

Our European Law team of UK immigration lawyers have a wealth of experience in advising and preparing applications relating to EU law and will be happy to give advice on any EU issues you may have.

For the EU national and their non-EU national family members, it may be advantageous to apply for one of the documents listed below, in order to demonstrate their right to reside and work in the UK. Without these it may be very difficult to obtain employment.

Registration certificate

An application may be made to the UK Secretary of State for the issue of a Registration Certificate to an EU national upon proof of their nationality and the fact that they are a qualified person.

Residence Card

An application may be made to the UK Secretary of State to issue a residence card to the family member of an EU national upon proof of the relationship and a passport.

EEA family Permit

In order to obtain an EU Family Permit an application must be made for entry clearance from a designated UK post in the country where the applicant resides. The EU national family member must already be in the UK or traveling to the UK within the next six months in order to reside there in line with the EEA regulations. The applicant must already be lawfully resident in an EU state or satisfy rules regarding the relationship as stipulated by the UK Home Office. Further information regarding this is available from our dedicated team of EU solicitors.

Permanent Residence

An application for permanent residence in the UK may be made to the Home Office by an EU national or the family member of an EU national if the EU national has been residing in the UK for the last five years in accordance with the EEA rules and regulations. Regarding the family member they would normally have been residing with the EU national for the five years period. There are regulations which relate to those who have separated during the five-year period or where the EU national has passed away which our team of immigration solicitors would be happy to discuss with you.

Please note that Brexit means that the rules concerning permanent residence are likely to change. Our expert team will be able to advise and assist in preparing and submitting your application in order that all of the correct documentation is provided and any unnecessary delays are avoided.

Extended family members such as durable partners and other family members in the descending or ascending line are also catered for in the EEA rules and regulations. We are also able to obtain what are called ‘derivative residence rights’ permits for non- EU national parents of EEA national children (including British) under what are often known as the ‘Zambrano principles’ if they are the primary carer of those children.

Legal aid is not available for EEA law cases. We recommend that you instruct one of our more experienced immigration lawyers.

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