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Brexit negotiations latest

Brexit negotiations

On 19 October, the Prime Minister, Theresa May, has issued an update, via email, about the Brexit negotiations and their impact on EU nationals.

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Dear Thomas Chase,

As I travel to Brussels today, I know that many people will be looking to us – the leaders of the 28 nations in the European Union – to demonstrate we are putting people first.

I have been clear throughout this process that citizens’ rights are my first priority. And I know my fellow leaders have the same objective: to safeguard the rights of EU nationals living in the UK and UK nationals living in the EU.

 

I want to give reassurance that this issue remains a priority, that we are united on the key principles, and that the focus over the weeks to come will be delivering an agreement that works for people here in the UK, and people in the EU.

 

When we started this process, some accused us of treating EU nationals as bargaining chips. Nothing could have been further from the truth. EU citizens who have made their lives in the UK have made a huge contribution to our country. And we want them and their families to stay. I couldn’t be clearer: EU citizens living lawfully in the UK today will be able to stay.

 

But this agreement will not only provide certainty about residence, but also healthcare, pensions and other benefits. It will mean that EU citizens who have paid into the UK system – and UK nationals into the system of an EU27 country – can benefit from what they’ve put in. It will enable families who have built their lives together in the EU and UK to stay together. And it will provide guarantees that the rights of those UK nationals currently living in the EU, and EU citizens currently living in the UK will not diverge over time.

 

What that leaves us with is a small number of important points to finalise.  That is to be expected at this point in negotiations. We are in touching distance of agreement.  I know both sides will consider each other’s proposals for finalising the agreement with an open mind. And with flexibility and creativity on both sides, I am confident that we can conclude discussions on citizens’ rights in the coming weeks.

 

I know there is real anxiety about how the agreement will be implemented. People are concerned that the process will be complicated and bureaucratic, and will put up hurdles that are difficult to overcome. I want to provide reassurance here too.

We are developing a streamlined digital process for those applying for settled status in the UK in the future. This process will be designed with users in mind, and we will engage with them every step of the way.  We will keep the cost as low as possible – no more than the cost of a UK passport.

 

The criteria applied will be simple, transparent and strictly in accordance with the Withdrawal Agreement.  People applying will not have to account for every trip they have taken in and out of the UK and will no longer have to demonstrate Comprehensive Sickness Insurance as they currently have to under EU rules.  And importantly, for any EU citizen who holds Permanent Residence under the old scheme, there will be a simple process put in place to swap their current status for UK settled status.

 

To keep development of the system on track, the Government is also setting up a User Group that will include representatives of EU citizens in the UK, and digital, technical and legal experts. This group will meet regularly, ensuring the process is transparent and responds properly to users’ needs. And we recognise that British nationals living in the EU27 will be similarly concerned about potential changes to processes after the UK leaves the EU.  We have repeatedly flagged these issues during the negotiations. And we are keen to work closely with EU Member States to ensure their processes are equally streamlined.

 

We want people to stay and we want families to stay together. We hugely value the contributions that EU nationals make to the economic, social and cultural fabric of the UK. And I know that Member States value equally UK nationals living in their communities. I hope that these reassurances, alongside those made by both the UK and the European Commission last week, will provide further helpful certainty to the four million people who were understandably anxious about what Brexit would mean for their futures.

 

Yours sincerely

Theresa May, Prime Minister

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Written by Carla Thomas – Managing Director at Thomas Chase immigration.

Thomas Chase Immigration offer immigration help to individuals and families.

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Fiancée visa or Spouse visa? That is the Question

Fiancee visa

Of all the visa types, assisting clients with fiancée visa or spouse visa applications are some of my favorites. Perhaps I’m an old fashioned romantic but I simply enjoy helping couples secure visas to reunite and carry on their lives together.

And so it was with Raj, a dual British national living and working in the United Kingdom (UK), and Louisa, an American citizen from California.

Raj and Louisa met during their university studies in the UK over 3 years. At the end of their undergraduate studies and Louisa’s Tier 4 student visa, Louisa returned to the United States (US) and took up a lucrative position in New York.

Raj remained in the UK and went on to study for his Masters’ degree before starting and running his own business.

The one constant was Louisa and Raj’s relationship to each other, something that they maintained via Skype, Facetime, email and regular trips abroad whenever their schedules (and finances) allowed it.

As Raj’s business grew, he had less freedom to visit Louisa as before, though the funds to do so.

For Louisa, taking more time off to visit the UK and spend time Raj was proving increasingly difficult as her employers were not always understanding of her inability to change her travel at short notice.

And so, Raj and Louisa approached me for advice. Raj and Louisa wanted to take their relationship to the next stage and live together. They did their research, readily admitting to me that much of the information they had read elsewhere was either complicated or contradictory.

Based on their research, they both agreed to try and secure a fiancée visa for Louisa to come to the UK to marry Raj. Yep! They were going to tie the knot!!! I warned you I was a bit of a romantic!

Once in the UK, Louisa planned to apply for a spouse visa to remain in the UK with Raj.

And that’s when they contacted me to assist them with applying for a fiancée visa.

However, rather than launch into preparing the fiancée visa, I wanted to make sure Raj and Louisa understood the immigration requirements and were aware of their options.

Fiancée visa

Fiancée visas allow overseas nationals, from outside of the European Economic Area (EEA) to enter the UK and marry their British or ‘settled’ partner.

The marriage must take place within 6 months of entry.

This visa type was attractive to Louisa because she could stay in the UK and apply for a UK spouse visa.

I also explained to Raj and Louisa that fiancée visas were very different from marriage visas, the latter being a short term visa to enter the UK to marry only.

At the end of the 6 months’ visa, the marriage visa holder must have left the UK.

Clearly, Louisa’s wish was to remain in the UK so a marriage visa was immediately discounted.

Fiancée visa requirements

Though not an exhaustive list, to qualify for a fiancée visa, Louisa would have to demonstrate that:

  • Raj is over 18 years of age
  • That she and Raj had met each other and are in a genuine relationship together
  • That they both intend to live together on a permanent basis once married
  • That they are both free to enter into a relationship with each other
  • They intend to marry in the UK within 6 months
  • They have sufficient funds to support themselves
  • That Raj, as the sponsor, earns a minimum salary of £18,600 per annum or equivalent in savings
  • They have suitable accommodation in the UK

Of importance was helping Raj and Louisa understand  UK Visas and Immigration’s (UKVI’s) application fees and when they would be incurred.

Raj was somewhat shocked to hear of the level of fees involved. For instance, a fiancée visa would cost Louisa and Raj around $2,050 USD at the point of submission on the online application.

And the couple would have to incur similar fees, within 6 months, for a spouse visa as well as incur the Immigration Health Surcharge.

In fact, although they both had well paid jobs, their various overseas trips to see each other and wedding plans had depleted both of their savings.

Spouse visa

We discussed their options further and Louisa revealed that her preference was to marry in California. She had a large family and it would prove logically easier and cost effective to have the wedding in the US.

Raj appeared easy going about the location of the wedding. His family was much smaller and he just wanted to move matters forward.

Another area of concern for Louisa was employment. Louisa considered a 6 months’ career gap to be a long one and was not aware that she could not work while holding a fiancée visa.

Why not get married in California?

Raj and Louisa hadn’t really considered this as an option. Quite rightly they were focused on securing Louisa’s immediate long term stay in the UK, but I wanted to highlight that they had wider options.

Spouse visa requirements

Though not an exhaustive list, to qualify for a spouse visa, Louisa would have to demonstrate that:

  • Raj is over 18 years of age
  • That she and Raj had entered into a genuine marriage
  • That they both intend to live together on a permanent basis once married
  • That they are both free to enter into a relationship with each other
  • They intend to marry in the UK within 6 months
  • They have sufficient funds to support themselves
  • That Raj, as the sponsor, earns a minimum salary of £18,600 per annum or equivalent in savings
  • They have suitable accommodation in the UK

Applying for a spouse visa from New York or California would negate the need for Louisa and Raj to incur fiancée visa fees and for Louisa’s family members to travel to London.

Also, Louisa would be granted entry to the UK for 30 months, and could immediately take up employment.

The fact that their marriage would be a recent one, and could be subjected to further scrutiny by UKVI, was something that could be overcome with proper preparation of the application.

Conclusion

Six months later, Louisa secured a spouse visa UK and is currently in the UK.

And I am pleased with the part that I played in helping Louisa to secure her spouse visa from New York, drafting the application form on Louisa’s behalf, advising on the documents to be provided and inspecting them, preparing the application bundle of documents and booking the biometric appointment for her.

As I said at the start, I enjoy seeing couples reunited.

Here’s wishing Louisa and Raj all the best!

And by the way, the main picture is not a photo of Raj and Louisa, but I have seen the wedding photos and they are gorgeous!

Over to you. Have you applied for a spouse visa or fiancée visa and how did you find the experience?

If not, do you need straightforward immigration advice or guidance? Contact us at [email protected] for a quick reply.

Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration help to individuals and families secure visas to travel to and remain in the UK.

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