No cap on applications – UK’s new immigration system treats EU and non-EU citizens equally

Home Secretary Priti Patel has announced more details of the UK’s “brand new” immigration system today (19/02/19), which will take full effect on 1 January 2021, which the government has said will open up the UK to the brightest and the best from around the world.

Interestingly, rather than being branded as an Australian style system, this new system in many ways remains much more similar to the current Tier 2 (General) system. The Home Office is, however, trying to be more inclusive and flexible, and non-EU applicants and EU applicants will all be treated exactly the same way.

Important things to know:

The start of this new system will mark the end of free movement in the UK
It will be a points based system, meaning points will be assigned to each applicant based on skills and merits
Migrant workers will need to be sponsored by employers as it will be an employer-led system

How will the points aspect work?

Similar to the current Tier 2 system, applicants will need to get a job offer from an approved sponsor (employer), meet a certain skill level, demonstrate a certain level of English and earn at least the minimum salary.

The below table gives a clear indication of what type of skills or circumstances the Home Office will look at, and the amount of points on offer for each of them.

Bear in mind that to begin the application process, individuals must have at least 70 points.

There are a few things we can tell from this – the most obvious is that the more money a person will be earning, the more desirable they generally are.

However, the ‘tradeable’ aspect is interesting. Based on this we can see that there is some room for compromise in certain cases. For example, a university researcher in a STEM (science, technology, engineering, and mathematics) subject wishing to come to the UK on a salary of £22,000, (which is below the general minimum salary threshold), may still be able to enter the UK if they have a relevant PhD in a STEM subject.

Similarly, a nurse wishing to come to the UK on a salary of £22,000 would still be able to enter the UK on the basis that the individual would be working in a shortage occupation, provided it continues to be designated in shortage by the MAC (Migration Advisory Committee).

The MAC will be commissioned to frequently check and update the Shortage Occupation List.

Skilled work – an improvement for migrants?

Sponsored workers coming into roles that require certain academic qualifications or skills will still require a job offer and be able to pass an English language test. However, the skill level required of them has been reduced from level 6 (degree level) to level 3 (A-level equivalent).

This is an important change, as it will make a lot more job roles available for people to apply to. For example, a level 6 role could be a Creative Director of a company while a level 3 role could be a regular managerial role. Therefore, this change will open up a lot more opportunities for people to apply for positions.

There will still be a minimum salary required for a work visa. The headline salary threshold has been reduced to £25,600, in line with the Migration Advisory Committee’s recent recommendation. But it won’t be the absolute minimum: some workers earning between £20,480 and £25,600 would still be able to get a visa if they are highly qualified or working in shortage jobs, as demonstrated in the examples above.

So, to be completely clear on minimum salary thresholds:

Applicants to roles on the Shortage Occupation List – £20,480
Applicants who have PhDs in science, technology, engineering or mathematics (STEM) – £20,480
Applicants for people with non-STEM PhD’s – £23,040
Applicants who have none of the above characteristics – £25,600

Please bear in mind that applicants will still need to be paid the higher of the specific salary threshold for their occupation, known as the ‘going rate’.

There will be no cap:

There will be no cap on the amount of applicants the Home Office will take. If a person can meet the requirements, they will be able to apply for the role. This, of course, will increase how many people apply and will potentially lead to more roles in the UK being filled by migrants who meet the requirements.

Lower skilled workers – completely snubbed?

Perhaps the most significant change to come with these new rules around immigration is the total lack of route for people coming to fill lower-skilled job roles. Instead, the Home Office has asked businesses and employers in the UK to look at the possibility of filling these from inside the country rather than relying on foreign help. This has been presented as an opportunity to improve staff retention, productivity, and wider investment in technology and automation.

Many people are worried about the impact this will have on high street jobs in shops and cafes, let alone factories.

Labour and the Liberal Democrats also condemned the plans while Unison, which represents health workers said they “spell absolute disaster for the care sector”.

An interesting move perhaps unsurprising given the voting history of the current Home Secretary and the result of Brexit. We will have to see how it plays out in the future.

EU Settlement Scheme to the rescue?

The Home Office has been singing the EU Settlement Scheme’s praises since its inception (unsurprisingly, as they are the ones who invented it), saying that over 3 million EU natives have already applied to stay in the UK through it.

This is what the Home Office sees as its pool of workers already in the UK who can fill the positions that are causing some people to worry about, such as waiters, cleaners and manual workers.

Highly skilled workers

From January 2021, the Home Office will extend the current Global Talent route to EU citizens on the same basis as non-EU citizens. You can read all about the Global Talent route in our recent article here: Exceptional Talent now becomes Global Talent in the UK

Essentially, the most highly skilled, who can achieve the required level of points, will be able to enter the UK without a job offer if they are endorsed by a relevant and competent body.

This scheme has recently been expanded to be more accessible to those with a background in STEM subjects who wish to come to the UK.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

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Exceptional Talent now becomes Global Talent in the UK

There is a new name given to the Exceptional Talent visa category – it will be called the Global Talent route under Tier 1 from 20th February 2020 onward. This will replace the Exceptional Talent route. This category is mainly targeted for individuals in the fields of Science, Engineering, Digital Technology and Humanities with the aim of improving key areas of the UK economy academically.

This route is has come under criticism due to its severe strictness and restrictions. It is often difficult for an applicant to execute the requirements to be successfully eligible for this category, paired with a limited number of endorsing bodies for the endorsement process involved with this visa.

How different is Global Talent to the Exceptional Talent?

The Global Talent route will not have any limitation or cap on the number of applicants or individuals entering in the UK under this criteria, however there will be a designated shortlist of the endorsing bodies. These bodies will only be able to recommend individuals but only the most promising and talented ones will be accepted for this type of visa. It is aimed at a higher pool of applicants compared to the Tier 1 Exceptional Talent.

Are there any benefits of this category at all?

These visas will be managed by the Home Office as well as designated endorsing bodies such as the UK Research and Innovation Agency (UKRI). The aim is to ensure that suitable and eligible candidates are quickly assessed and fast-tracked by those qualified to assess their credentials rather than immigration officials. This route had been designed to attract the most talented and promising professionals in the field of science, mathematics and culture, who wish to enter the UK on the merit of their academic skills and experience.

This route had been designed to encourage not only the talents from the scientific community such as scientists, mathematicians, engineers and researchers to relocate to the UK, but also for the talents in the fields of arts and culture, including film, fashion, television, architecture and design.

This is a unique opportunity that UK employers must be on the look out for and take advantage of, as it is going to be an alternative to hiring a skilled migrant under the Tier 2 (General) visa category. Migrant workers under this category will not require a special or different sponsorship at all from the Tier 2 Sponsor, therefore it is a rather straightforward process to swap or switch in-country to this route. This saves on costs and immigration health surcharge as well.

Objective and Benefits of the Global Talent route

The main basis of this route is to encourage a greater range of talents to apply under the route as such, the route offers considerable flexibility to the candidates compared to the other UK immigration categories:

There is no minimum salary requirement threshold to be met
There is no English requirement to be met
This route also leads to the settlement after 5 years (or 3 years if qualified) in the UK
The dependants can also join the main applicant
This route also allows in-country extension and switch over to other categories in the UK

Is the Procedure for the application simple?

The process for this application is somewhat similar to the Exceptional Talent route, whereby the applicants must obtain an endorsement letter from one of the Home Office designated bodies relevant to their professionalism. Some examples are Tech Nation, Royal Society, The British Academy, UK Research and Innovation (UKRI) The Royal Academy of Engineering and Arts Council, England.

These endorsing bodies will have to assess the application and endorse them upon their satisfaction of the documentation and evidence provided in support of the application, this can be made use of at the time of making the application once the endorsement process is successfully completed and endorsed with a letter or certificate.

This category will invite skilled and talented professionals to the UK, hopefully bettering the economy.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

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Coronavirus: immigration guidance if you’re unable to return to China from the UK

Coronavirus has been at the front of everyone’s mind over the past few weeks. It is a scary situation when an illness like this one begins to spread, and it is very easy for people to start thinking the worst and panicking.

One thing that has been done to reduce the spreading of coronavirus is the limitation on travel to and from China, the country where the virus is thought to have originated.

Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom.

Subject to the below guidance which is taken from the Home Office’s website, most people in the UK whose immigration status is affected by the coronavirus outbreak will get an automatic extension of their visa until 31 March 2020.

Coronavirus Immigration Helpline

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)

Calls are free of charge.

Email: [email protected]

We will keep you up to date with any more changes that are announced. In the meantime here is the contact information should you have any questions or worries about the coronavirus.

Coronavirus Immigration Helpline

Telephone: 0800 678 1767 (Monday to Friday, 9am to 5pm)

Calls are free of charge.

Email: [email protected]

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

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British travellers may be turned away from airports due to this new rule!

British travellers looking to visit countries in the European Union will have to jump a new hurdle due to Brexit, the Home Office has confirmed.

During the transition period for the remainder of 2020, UK passports are valid for travel anywhere in the EU up to and including the date of expiry.

However, tough new rules will come into effect on 1 January 2021, which mean that a traveller whose British passport has almost 15 months to run could be turned away from the airport.

HM Passport Office has issued a notice stating: “You’ll need to have at least six months left on an adult or child passport to travel to most countries in Europe.”

This is in keeping with the European Union’s strict rules on passport validity for travellers visiting from outside the EU – which now includes the United Kingdom.

Once a UK passport has been valid for 10 years or more, the EU will consider it expired.

Be sure to double check the date on your passport before you book your holidays to avoid any last minute problems!

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

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Property dispute handled excellently at Lisa’s Law

We recently navigated our way to success in a particularly challenging litigation case, whereby the defending party used various tactics to confuse and delay legal proceedings from taking place. While, as legal practitioners, this can make for frustrating work, it is all the more satisfying when that work pays off and our client is left fully satisfied and victorious after a long fought legal battle.

The case in question

The client we represented (we will refer to him as Mr Park) is a property owner, who had been renting out his property to Ms Ream (name altered for confidentiality purposes). The type of agreement between them was a commercial tenancy with ‘service accommodation’ provided to the company staff. Ms Ream had been using the property to operate her on business out of, which interestingly was a property management company.

The trouble started when Ms Ream stopped paying rent to Mr Park. The eventual amount he was owed was over four months-worth.

What can be done?

There are two options for Mr Park in this case. He can attempt to recover possession of the property by way of a Court Order if they do not get a court order and the tenant is evicted, they will have to pay compensation to tenant for vacating the property if tenant clears rent arrears (pay what is owed). The second option would be to demand rent arrears, but doing this waives their right to evict the tenant.

Mr Park came to us for advice, and we quickly started work on obtaining a Possession Order on his behalf.

What is a Possession Order?

A possession order is an instruction given by a court that tells a tenant when they have to leave a property. It’s usually made at a possession hearing.

In most cases, a landlord must get a possession order if they need to evict a tenant. Tenants can only be evicted without a possession order if they are an excluded occupier.

There are 2 types of possession order:

outright possession order
suspended or postponed possession order

In brief, an outright possession order means a tenant must leave the property by a certain date. The date is usually 14 days after the order is made.

A suspended possession order means that a tenant can stay in their home as long as they keep to certain conditions. These conditions are explained on the court order and will vary from case to case.

Deceptive tactics from the defendant

When we began work on this case it became clear that Ms Ream had already taken steps to confuse the tenancy agreement. For example, the tenancy agreement had been made out to a slightly different company name to the official name, which can cause validity issues with claims and proceedings as the company name must be accurate to show its identity, and even her own name had been altered on various documents.

On top of this, Ms Ream also tried to counterclaim for unlawful entry, trespass and breach of quiet enjoyment during her time at the property when Mr Park indicated possession proceedings. These were all unfounded and dismissed by the court due to significant lack of evidence.

Potential outcomes of Possession Orders

A Possession Order issued by the court will legally force the tenant to vacate the premises. If the situation between landlord and tenant does not change, there is little the tenant can do to dispute this.

However, if the rent arrears are paid up, the Possession Order will have no effect. Or if the rent arrears are paid up after the date for possession, the tenant can still apply for relief from forfeiture for the lease to be reinstated, unless a new tenant is put into occupation or the property is sold promptly.

Success for us and our client!

After some great legal work by the caseworker in our litigation team assigned to this case, a possession order was obtained from the court and Mr Park was able to reclaim his home from Ms Ream. This was achieved by their meticulous and pain staking approach in analysing the documents provided, researching the law, investigating the facts and seeking specialist Counsel’s advice on merits, before taking any legal action. Caution was particularly exercised in view of the tenant’s behaviour and tactics to refuse to pay rent and to refuse to vacate the property.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

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Windrush Debate – Compensation and Crime

The Windrush Generation has once again been claiming headlines as the government continues to deport offenders who came to the UK as children, in the face of large scale anti-deportation protests.

Who are the Windrush Generation?

A quick refresher on who comes under this label:

Those arriving in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation.

This is a reference to the ship MV Empire Windrush, which arrived at Tilbury Docks, Essex, on 22 June 1948, bringing workers from Jamaica, Trinidad and Tobago and other islands, as a response to post-war labour shortages in the UK.

The ship carried 492 passengers – many of them children.

The influx ended with the 1971 Immigration Act, when Commonwealth citizens already living in the UK were given indefinite leave to remain.

Mistreatment of the Generation?

The Windrush scandal back in 2018 revealed that citizens of Commonwealth countries – who had an automatic right to settle in the UK until 1973 – had wrongly faced questioning about their rights.

Some were denied entry to the UK when they sought to return home after visiting their birth country, whilst others were wrongly denied access to public services and benefits – including the NHS. Deportations also took place where they, legally, should not have.

Compensation Scheme – failing so far?

The Home Office set up a compensation scheme to make up for these errors and the unfair treatment of not only the Windrush generation, but anyone who came to the UK before 31 December 1988 from any country.

Despite this system being in place for 10 months, only 3% of claimants have received any compensation from the Home Office. This amount of compensation is worth under £65,000.

An extension on the time that this compensation will be available for has been announced, and comes after many complaints from people who have already submitted claims and received nothing or who have attempted to fill in the compensation form but cannot do it correctly. Campaigners have called on the government to fund legal advice so claimants can be helped to apply where they are unable to themselves.

How long is the extension?

Two more years have been added, so the thousands of people affected by this immigration scandal now have until April 2023 to claim.

If you need any help with your application, please do not hesitate to get in contact with us on 020 7928 0276 or email in to [email protected].

Criminal offenders

A flight to Jamaica has taken off today (11.02.20) holding 20 people who have committed criminal offences since coming to the UK. Originally about 50 had been expected to be on-board.

The number of people being deported was reduced after a court order restricting the Home Office to deport anyone who had no access to legal advice due to issues with an O2 mast (phone service which caused problems with communication between deportees and their legal aids).

More than 170 cross-party MPs have also supported calls on the prime minister to suspend the flight until the publication of the Windrush lessons learned review.

Home Secretary Priti Patel has defended the action, saying those on the flight had been convicted of “serious offences”, carrying sentences of more than a year and that she is bound by legislation to deport them.

A major factor for those who oppose the use of deportation is that the criminal offenders have been living in the UK for so long, since they were children, they have no memory of life in their country of birth.

Other arguments are that many of the offenders are victims of grooming, and that they were heavily influenced by gangs and criminals who were already present in the UK when they arrived as children. Also, in many cases those being deported have already served time in prison for their crimes, leading some to think that to deport them is an unnecessarily harsh punishment.

Circumstances leading to deportation

Usually if the crime has warranted a sentence of 12 months or more, the Home Office will push for deportation of the offender. This is also the case with suspended sentences.

Minor offences committed frequently can also add up and lead to deportation of the offender, especially if the crimes are committed within a short space of time from one another.

The Home Office will always be notified when a foreign national has committed a crime in the UK, so that they can plan out whether or not that person needs to be deported.

In cases where offenders have fulfilled the requirements for Permanent Residence in the UK, this will be revoked and they may still be deported.

Legal assistance and Judicial Review

If the offender has had no chance to receive professional legal advice in the lead up to their deportation, this can be grounds for them to go to a Judicial Review.

A judicial review can challenge the way a decision has been made, if you believe it was illegal, irrational or unfair. It is not really about whether the decision was “right”, but whether the law has been correctly applied and the right procedures have been followed.

As everyone has the right to legal aid, if an offender has been denied this right then their deportation may be delayed or stopped altogether.

And, the right to appeal?

A right of appeal doesn’t necessarily prevent people seeking judicial reviews.

For example, if someone doesn’t have a right of appeal in the UK but then he/she cannot effectively appeal against the decision from outside the UK, a judicial review may be considered by the appellant to ask for an in-country appeal right.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

See Full Bio

February 5, 2020
Brexit, Europe, Immigration, Travel

Life after Brexit – how will it affect YOU?

As you may have read in our recent article, the UK is currently going through a ‘transitional period’ during which Boris Johnson and his political colleagues will hold extensive negotiations regarding the relationship between the UK and the EU with European leaders.

These negotiations will be completed and the results announced by 31 December 2020, so a lot of the detail will not be certain until then. However, we are here to tell you about some things you can be sure of now that Brexit has entered its initial phase.

Holidays and Brexit

Passports:

New blue passports will be issued from early 2020, being gradually phased in over a number of months. While this transition period is going on, you could be issued with either a burgundy or a blue passport. The government says that all passports issued from mid-2020 are planned to be blue.

Your passport will continue to be valid after Brexit (provided that it is in date) no matter which of the two colours it is.

More changes regarding passports are likely to come into action next year.

Visa’s and European travel:

For the next 11 months, nothing changes in terms of European travel. This means you will not need a visa to travel to countries which did not already require one.

The Home Office has said that from 1 January 2021 tourists on short trips (of under 90 days) to the EU, Iceland, Liechtenstein, Norway and Switzerland will not need a visa to travel. This remains to be seen as negotiations are continue, but we are hopeful this will not change come 2021.

Longer stays, or going to work in a country within the EU is very likely to require a visa.

The Etias (European Travel Information and Authorisation System) will cost seven euros (£6.30) and be valid for three years. It will come into force in 2021 and is based on current arrangements for non-EU countries having visa-free travel in the Schengen area.

British and Irish citizens will be able to travel freely within the Common Travel Area – the UK, Ireland, the Isle of Man, Guernsey and Jersey.

Driving around Europe:

The current rules on international driving—and hiring cars—will continue to apply during the transition period until the end of 2020.

From 1 January 2021, drivers may need an international driving permit to drive in some EU countries, particularly if you have an older paper license. If you’re taking your own vehicle to Europe, you’ll need a ‘green card’ from your insurance company to show your insurance provides at least the minimum cover and a GB sticker.

Data roaming:

Under EU rules, the cost of making calls, sending messages or using the internet on your phone in the EU is the same in the UK and this will continue after 31 January 2020.

Brexit and Settled Status:

Can I still apply for settled status?

Yes. The EU Settlement Scheme is open for applications until 30 June 2021.

If you have five years’ continuous residence in the UK and are a citizen of an EU country, Norway, Iceland, Liechtenstein or Switzerland you can apply for settled status. You can also apply if you have a family member who is a citizen of one of these countries.

Pensions:

UK nationals living in the EU will continue to receive their state pension and will also receive the annual increase.

Under the terms of the withdrawal agreement, that will continue for anyone on a UK state pension or eligible for one before December 2020. However, for people who move to those countries from 2021 it will depend on the outcome of negotiations.

A possible complication may be that where UK citizen has spent time working in an EU country and has acquired pension rights there. Once more, it will depend on how negotiations go as to whether these can be carried over to the UK.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

See Full Bio

Amnesty International – Make a Will Month

We are very pleased to announce that Lisa’s Law Solicitors will be taking part in Amnesty International’s Make a Will Month campaign for 2020.

This wonderful initiative runs throughout March and will help raise vital funds for an excellent cause and is open to anyone who requires a simple will. We also offer free storage of your will when you take part in the scheme.

As one of the largest organisations worldwide standing up for justice and helping the most vulnerable in their time of need, Amnesty International is a worthwhile charity to support.

How are we getting involved?

We will be offering a free will writing service throughout March, giving people certainty and peace of mind that their estate is handled exactly as they intend it to be.

How does this help Amnesty International?

This may come as a surprise, but 16% of Amnesty International’s funds comes from gifts left in peoples wills. That is a really huge portion!

With this in mind, people who take part in the free will service throughout March will asked to leave a donation, big or small, in their will to Amnesty. A small donation goes such a long way to help them achieve their goals the world over.

So, everyone is a winner! Participants get a free simple will drafted by one of our expert solicitors and at the same time Amnesty receive some essential aid to help keep them continue with their vital work.

What your gift could do:

With your help just 1% of a £50,000 estate could help cover the cost of Amnesty International’s school speakers’ programme, teaching 27,000 young people about human rights and inspiring the next generation of human rights defenders.
A legacy from you of £5,000 could pay for media fellowships in developing countries for four journalists, enabling them to report and raise awareness of human rights violations.
Leaving Amnesty International UK 10% of a £300,000 estate could enable them to conduct two human rights investigations in crisis countries with security equipment, satellite imagery and forensic support.

Get in touch

If you would like to support Amnesty and take part in their Make a Will Month, please email [email protected] with your name and contact details. We must inform you that this is a first come first serve basis and it will not be possible to accommodate everyone who contacts us, so be sure to get in quick!

If you need more information please just follow this link to the official Amnesty website.

James Cook

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Huge numbers of Brits applying for non-UK passports post-Brexit!

More than 350,000 Brits have applied for a non-UK passport as an insurance policy post-Brexit, in the hope that it will grant them immunity from any negative outcomes of exiting the EU.

This surge has been rising steadily since the result of the EU referendum back in 2016, with some even forfeiting their British passport to retain their EU rights after Brexit.

For many this is a protest against Brexit, and a way to show their personal connection to the EU, and for others it shows nothing more than a desire to get through airport security as quickly as possible.

No matter the reason, the sheer amount of people going for a different passport is hard to ignore.

Popular choices

One of the more popular countries people are applying for an alternate passport is Ireland, due to the close ties between Ireland and the UK and the fact that many English people can claim blood ties to Ireland in their ancestry.

However, there has also been high amounts of applications for French, Swedish and German passports as well, showing a tenfold rise in naturalisation of British citizens.

In Sweden the number of passports granted to Britons between 2016 and 2019 rose from 942 to 4,267, while in Germany they rocketed from 622 in 2015 to 6,640 in 2018, with figures for 2019 expected to show another increase.

Spain, Denmark and Finland have also shown sharp increases in British people applying for passports and naturalisation.

Just over 32,000 citizens in Northern Ireland and Great Britain applied to receive Irish passports in 2015 for the first time. This has almost quadrupled in the last four years with figures for 2019 showing 131,817 new applications for Irish passports, with nearly 55,000 from GB alone.

What’s the point?

As Ireland is still a member of the EU, an Irish passport will allow holders to bypass the effects of the UK leaving the EU.

Are you eligible for Irish citizenship?

Around five million Brits are eligible for an Irish passport. You can apply if:

If either of your parents was an Irish citizen born in Ireland, or if you were born in Ireland to Irish parents, you are automatically a citizen.
If any of your grandparents were born in Ireland, you are eligible for citizenship by descent, but you must first register your birth on the Foreign Births Register.
If your parents were foreign nationals legally resident in the island of Ireland for three out of the four years prior to your birth, you are entitled to citizenship.
If at least one of your parents was an Irish citizen but not by birth, ie by naturalisation or marriage, you can become an Irish citizen after registering your birth on the Foreign Births Register.
You can also become a citizen through naturalisation, either as a migrant or through a spouse. The requirements are complex – you can read them here.

All the information you need about applying for an Irish passport is here.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

See Full Bio

What’s the score with Brexit’s Transitional Period?

Whether you are for it or against it, Brexit will be officially happening at 11pm tonight (31.01.20). This means the UK will be separate from the EU from this point forward, but the effects on everyday life will not become obvious due to a ‘transitional period’ which will last until the end of the year.

Here is everything you need to know about how this period of Brexit limbo, officially known by the Government as an “implementation period”, will work.

How long is the transition period?

This period will end in 11 months’ time, at the end of 2020. Boris Johnson has said he will not be expending the period, and doing so would cause much political embarrassment for the UK.

What will happen during the transition period?

Both UK and EU negotiators will be working hard to arrange as much of a future partnership as possible, so that it can be ready to be put in place on the date the transition period ends.

Much of the focus will be on solidifying a UK-EU free trade deal. This will be essential if the UK wants to be able to continue to trade with the EU with no tariffs, quotas or other barriers after the transition.

Aside from trade, many other aspects of the future UK-EU relationship will need to be decided. For example:

Law enforcement, data sharing and security
Aviation standards and safety
Access to fishing waters
Supplies of electricity and gas
Licensing and regulation of medicines

The UK will also need to design and implement many new systems, such as how it will handle immigration once freedom of movement comes to an end.

Will freedom of movement continue to apply?

Yes. The transition period requires that the United Kingdom follows the same rules as an EU member state, so freedom of movement will be part of this.

Will it affect daily life in the UK?

There will not be a very noticeable effect of daily life, as the period serves to artificially extend the current conditions of life as part of the EU by continuing to see European law applied during the period, and the European Court of Justice still holding jurisdiction.

Citizens rights will remain the same as they were while the UK was part of the EU. However, the UK will no longer be represented in EU institutions and decision-making, so it will not have a direct say on what the club does during this period. But it will have to uphold the obligations of a member state for that period.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into [email protected].

James Cook

See Full Bio

News and Insights

Important things to know:

How will the points aspect work?

Skilled work – an improvement for migrants?

There will be no cap:

Lower skilled workers – completely snubbed?

EU Settlement Scheme to the rescue?

Highly skilled workers

Contact us!

How different is Global Talent to the Exceptional Talent?

Are there any benefits of this category at all?

Objective and Benefits of the Global Talent route

Is the Procedure for the application simple?

Contact us!

Coronavirus Immigration Helpline

Coronavirus Immigration Helpline

Contact us!

Contact us!

The case in question

What can be done?

What is a Possession Order?

Deceptive tactics from the defendant

Potential outcomes of Possession Orders

Success for us and our client!

Contact us!

Who are the Windrush Generation?

Mistreatment of the Generation?

Compensation Scheme – failing so far?

How long is the extension?

Criminal offenders

Circumstances leading to deportation

Legal assistance and Judicial Review

And, the right to appeal?

Contact us!

Holidays and Brexit

Passports:

Visa’s and European travel:

Driving around Europe:

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