LEXVISA Weekly Immigration Update 15 September 2017

This week, LEXVISA highlighted some important concerns which had been raised in a Home Office Report which was published in July 2017, regarding the Good Character Requirement in a British Nationality Application for both adults and minors. We also outlined the Visitor Visa route for Chinese nationals under the China ADS Agreement and the imminent introduction of the Right to Bank Check as another way for the Home Office to prevent illegal immigration in the UK. We are also pleased to announce the recent success of an Entry Clearance Spouse Visa application for one of our clients.

1.Immigration Update: The Good Character Requirement in a British Nationality Application

The Home Office has the discretionary power to determine a British Nationality Application on the basis of the Good Character Requirement, which is set out in section 41A of the British Nationality Act 1981. The burden is on the Applicant to establish the Good Character Requirement in a British Nationality Application. All those who make a British Nationality Application must disclose all criminal convictions within and outside the UK, or else they may be found guilty and have their British Nationality Application refused on deception grounds.

A revised and updated guidance on the Good Character Requirement for minors in a British Nationality Application is due to be released in December 2017 in order to reflect the promotion of children’s interests as a primary consideration.

2.Visitor Visa for Chinese Nationals under the China ADS Agreement

Under the China ADS Agreement, Chinese nationals are permitted to visit the UK for up to a period of 30 days, as part of a tourist group with a minimum of 5 people and led by a Tour Guide authorised by the Chinese National Tourism Administration or any other accredited organisation by the British Embassy in China.

To qualify for a UK visitor visa under the China ADS Agreement, you must be a national of the People’s Republic of China and intend to enter, leave and travel within the UK as a member of a tourist group under the China ADS Agreement without recourse to public funds. Further permitted and prohibited activities are part of the Standard Visitor Visa guidance.

3.Illegal Immigrants in the UK Have No Right to Bank Account under the Right to Bank Check

Further to the stringent Right to Work Check and Right to Rent Check, the Home Office has introduced the new Right to Bank Check which will come into force in the UK on 30 October 2017 and carried out by banks and building societies from 1 January 2018. Banks and Building Societies will have a duty to inform the Home Office if a Right to Bank Check finds that an existing customer does not have valid immigration status in the UK.

The Home Office is also actively working with the DVLA to revoke driving licences of drivers who do not have valid immigration status in the UK. Since this cooperation began in 2014, over 25,000 UK driving licences have been revoked which demonstrates its success and the Home Office’s crack down on illegal foreign nationals being present in the UK.

4.UK Visa Success Story: Entry Clearance Spouse Visa Granted

We received the wonderful news that our client, who previously made an unsuccessful Fiance Visa applicant due to not meeting the requirements under the Immigration Rules, was successful with her Spouse Visa application which we carefully and thoroughly prepared.

It is important that Applicants applying for a Spouse Visa are aware of the Minimum Financial Requirement, but also recent updated Home Office Policy Guidance which introduces a new Unjustifiably Harsh Consequences Test for Entry Clearance Spouse Visa and Family Member Visa applications which takes into account alternative sources of income. Spouse Visa Applicants must also satisfy the Home Office’s genuineness, credibility and reliability of the source of income, financial support or other funds being relied upon on the evidence and information that has been provided.

Using Legal Representation to Submit a UK Visa Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with making a UK Visa application. Our solicitors and Barristers will help you comply with the UK Home Office requirements and meet the UK Immigration Rules.

Caseworkers at the UK Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully Submit a UK Visa Application

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your prospects of submitting a UK Immigration & Visa application before your application even reaches the UK Home Office Visa & Immigration department. We can assist you with the preparation and submission of a UK Immigration & Visa application and ensure that you meet all the requirements of the relevant rules.

Our offices are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss a UK Immigration & Visa application.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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