Since 13 December 2012, Americans coming to the UK with a visa issued under one of the popular ‘Points Based System’ categories, have been allowed to spend up to 180 days outside the UK in each 12 month period and still qualify for indefinite leave to remain at the end of five years. This 180 day period was calculated by looking back at each fixed 12 month period in the five years leading up to the date the applicant applied for indefinite leave to remain. Unfortunately, a change to the Immigration Rules which came into effect on 11 January 2018, has thrown this careful planning into disarray. The 180 day limit is now to be applied to a rolling 12 month period. This new calculation is also to be applied retrospectively and will impact anyone who applies for indefinite leave to remain after January 2018.
According to the Office of National Statistics, over a quarter (27.5%) of live births in England and Wales in 2015 were to women born outside the UK. It’s reasonable to assume that a number of other births were children with foreign fathers. What will happen to such families comprised of EU citizens when Britain leaves the EU?
Last week, Theresa May announced her political offering to European leaders in Brussels on how she will deal with EU citizens living in the UK post Brexit. Yesterday, the government produced a document: The United Kingdom’s Exit from the European Union, which provides more detail on the PM’s approach and offering to EU citizens.