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Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
The UK Border Agency (UKBA) has announced that it is expected that Croatia will join the European Union (EU) on 1 July 2013. It has stated its commitment to applying transitional restrictions on labour market access to nationals of any future Member States of the EU as a matter of course and therefore restrictions will be applied to nationals of Croatia. On 18 October 2012 it published a Statement of Intent with regard to the transitional arrangements which are proposed governing Croatian nationals’ access to the labour market.
Where migrants have recently obtained a visa or visa extension in the UK, the new visa will be endorsed on a Biometric Residence Card (BRP). This has been the case since BRPs were introduced in early 2010. It is not advisable for migrants to undertake travel following the visa approval until they have received their BRP, which usually follows within 5 days of confirmation of the visa approval. Unfortunately, systems used by immigration officials at the ports are not immediately synchronised with those in use by the BRP team. This has led to migrants being delayed at immigration control for up to 2 hours if they travel without the BRP, so that checks can be undertaken.
Those Sponsors who obtained their Sponsor Licence immediately following the introduction of the Points Based System in November 2008, will now be receiving notifications from the UK Border Agency (UKBA) regarding the renewal process. The emails will come from no-reply@homeoffice.gsi.gov.uk and will be addressed to the Level 1 user. Occasionally these emails go into the spam folder and so this should be checked regularly. A further notification will be sent to Sponsors 3 months prior to the expiry date when the renewal function will be activated on the Sponsor Management System (SMS). No documentation will need to be submitted with the application but Sponsors should be prepared to submit any documents which are subsequently requested by the UKBA within 7 days and they may undertake a compliance visit.
Changes to British Nationality Applications
From 16 July, it will no longer be possible to submit British Nationality applications to the British High Commission or British Consulate in the home country of the applicant. Instead, with the exception of Hong Kong, all applications will need to be submitted to the UK Border Agency (UKBA) in the UK. Where possible, original documents should be submitted, including passports. However, it has long been the practice to submit certified or notarised copies of passports with these applications, and the UKBA has confirmed that certified copies will continue to be acceptable, particularly in the case of applicants whose country’s rules forbid the sending of passports across borders. If a copy is submitted, the applicant may be asked to present the original passport to embassy staff in the applicant’s home country.
Changes to Applications from Overstayers
Currently, individuals whose leave to remain (permission to stay) in the UK has expired have been able to submit an extension application any time up to six months after the expiry date of their existing visa. This is set to change. From 1 October 2012, any extension application submitted more than 28 days after a visa has expired will be refused. This change in the immigration rules will affect all points based system applicants, as well as those applying under all working and student routes, and the visitor, long residency and UK ancestry categories. It is also in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.
Lauren Evans
Roberta Draper
Christopher Perrin
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