Depner Immigration Consultants

03/03/2023

MRS J.Y. BOTHA – REGISTERED AS A BRITISH CITIZEN!

“I want to thank Daniel of DEPNER IMMIGRATION CONSULTANTS for his attention, perseverance, and hard work in getting my daughter Kate, Ava and myself into the UK.
It was difficult because of being adopted. Due to Daniels thoroughness, we succeeded. Having someone practicing in the UK makes emigrating easier.”

For assistance and advice email [email protected]

03/03/2023

CONGRATULATIONS WALTER!

Another happy client, Walter Stachel, had this to say:

"Daniel is an immigration guru. It was extremely simple to go through the process of naturalisation for me and my children with the expert guidance of DEPNER IMMIGRATION CONSULTANTS. Daniel is knowledgeable and super-efficient at everything he does. I highly recommend DEPNER IMMIGRATION CONSULTANTS. Thank you for everything Daniel!"

*** For assistance and advice write to [email protected]

07/09/2022

HELP! FAMILY WANTS TO MOVE TO THE UK!

Wouldn’t it be ideal if one could simply submit one application to bring a family of, say 4, from abroad to the UK to live and work here? All arriving at the same time?!

However, it is often the case that the UK status of each member of the family may differ. Say for instance the mother, let's call her Samantha, is a British citizen by descent. Her two minor children were born abroad (not in the UK). Samantha now lives in South Africa, but worked in the UK for a period of three years before the birth of her first child. Her husband, Peter, is a South African national and has no family connections in the United Kingdom.

In this scenario several options will have to be considered. Will Samantha be able to sponsor Peter for a spousal visa? Who will be her dependants for purposes of sponsorship? Can her first born child be registered as a British citizen? If so, how will it impact on the rest of the family members’ applications?

It should be clear from the above that this family may need assistance, not only with multiple applications, but with the whole process of planning and working strategically towards avoiding the separation of family members if this is at all possible.

DEPNER IMMIGRATION CONSULTANTS specialise in UK family immigration law bringing and keeping families together in the UK. For further advice and assistance contact [email protected]

Daniel Dippenaar
Barrister-Immigration Consultant
Founder Member of Depner Immigration Regulated by the Bar Standards Board (Bar Council of England and Wales)

10/05/2022

FOCUSSING ON FAMILIES

Applying for a family type visa is NOT a simple process.

Not a week goes by that we don’t hear from applicants whose applications were refused for one reason or another.

Different eligibility requirements apply depending upon whether the application is to ENTER the UK, REMAIN in the UK or ILR in the UK. A quick glance at Appendix FM of the UK immigration Rules will reveal that it isn’t easy reading; far from it.

Senior judges have expressed their discontent with the manner in which these rules have been drafted. Yet, there is no process of simplification in sight.

Whether you will be making your first application as the partner of a British citizen or UK settled person - or need to extend your current leave to remain - or now need to apply for settlement; - contact DEPNER IMMIGRATION CONSULTANTS – we are here to help you securing a successful outcome.

Daniel Dippenaar Barrister-Immigration Consultant - Founder Member - Regulated by the Bar Standards Board (Bar Council of England and Wales)

Email: [email protected]

Regulated lawyers for UK immigration, British citizenship and visa application support services; advising on best ways to enter, remain or settle in the UK.

05/04/2022

SINGLE PARENT: 'SOLE RESPONSIBILITY' FOR A MINOR CHILD?

Sue lives outside of the UK. She has a British passport and wishes to move to the UK on a permanent basis to work and live here with her minor son Pete (non-British), currently 6 years of age.

Pete is not able to claim British citizenship through his mother (who was born outside of the UK). Sue is divorced and responsible for Pete’s day to day upbringing.

One of the common requirements to bringing a non-British minor child to the UK applicable to most routes (visa types) relates to the question on who, which parent, is responsible for the minor child (on the assumption that only one parent is moving to the UK).

A single parent must be able to prove that he/she has sole responsibility for the minor child. ‘Sole responsibility’ must be proven on the facts. It will not be sufficient for the other parent to simply consent to the minor child being removed to the UK to live here permanently. One needs to look carefully at the role each parent has played or continuous to play in the child’s life, the permanency thereof and past or current contributions made.

In some instances, it will be prudent to obtain a court order before submitting a visa application confirming that sole responsibility for a minor child has been granted to the parent wishing to relocate to the UK.

The bottom line is that evidence that ultimate control rests with the sponsoring parent will be required.

Daniel Dippenaar
Barrister-Immigration Consultant
Founder Member of Depner Immigration Consultants
Regulated by the Bar Standards Board (Bar Council of England and Wales

29/03/2022

NATURALISATION: MARRIED TO A BRITIISH CITIZEN?

The requirements to be met to naturalise as a British citizen vary depending on whether the applicant is married or in a civil partnership with a British citizen.
If married or in a civil partnership with a British citizen, the applicant must meet the requirements of section 6(2) of the British Nationality Act 1981.
Anyone else is required to meet the requirements of section 6(1) of the British Nationality Act 1981.
The real advantage of a section 6(2) application is that it can usually be made immediately after ILR (settlement) has been granted whereas an applicant under section 6(1) requires settlement status of at least 12 months prior to applying to be naturalised as a British citizen.

Daniel Dippenaar
Barrister-Immigration Consultant
Founder Member of Depner Immigration Consultants
Regulated by the Bar Standards Board (Bar Council of England and Wales)

22/03/2022

REACHING THE END OF UK ANCESTRY TERM?
TIME FOR UK-ANCESTRY-ILR?

So often people can be mistaken to believe that settlement requirements are the same for all ILR (indefinite leave to remain) applications. This is NOT the case.

The first determination to make is to know what the applicant’s current UK status is. What type of residence permit does he or she hold?

Assuming that an applicant (for settlement) is in the UK under the ancestry rules, the requirements to be met include aspects of validity, suitability, absences and work and financial requirements set out in the relatively recently introduced "Appendix UK Ancestry" (amendment to UK immigration rules). The lead applicant needs to show that he/she has spent five years in the UK with permission on the UK Ancestry route. UK ancestry evidence must be provided again (even though this is likely to have been done in an earlier application).

It is important to note that dependants (partner and minor children) of the lead applicant will not have to show that they have been in the UK for five years; for example, if they arrived in the UK on a later date than the lead applicant. The dependant will normally follow the lead applicant’s approved status.

Daniel Dippenaar
Barrister-Immigration Consultant and Founder Member of Depner Immigration Consultants: Regulated by the Bar Standards Board (Bar Council of England and Wales)

[email protected]
Telephone: 0333 200 5158

15/03/2022

REGISTERING BRITISH CITIZENSHIP – MINOR CHILD BORN OUTSIDE THE UK – BRITISH NATIONALITY ACT 1981

One of the possibilities to register a minor child as a British citizen can be found at Section 3(2) of the British Nationality Act 1981.

We shall use a simple practical example to demonstrate the requirements to be met under this particular section:

Sue, born outside of the United Kingdom to a father who was born in the United Kingdom, is a British citizen BY DESCENT. Her father is a British citizen OTHERWISE THAN BY DESCENT.

Sue lived and worked in the United Kingdom for just over 4 years during 2003 to 2007. She was not absent from the UK for more than 270 days during a 3-year period between 2002 and 2007.

Sue moved to South Africa towards the end of 2007 where her daughter, Samantha, was born a year later. Samantha is now 14 years old.

Is Samantha a British citizen at birth? The answer is no because her mother is a British citizen by descent.

However, Samantha will be able to rely on the facts set out above and apply for her registration as a British citizen under the Act.

Notably, registration under this section will mean that Samantha will also be a British citizen by descent (should she have children born outside of the UK they will not acquire British citizenship at birth).

Daniel Dippenaar
Barrister-Immigration Consultant, Founder Member of DEPPNER IMMIGRATION CONSULTANTS
Regulated by the Bar Standards Board (Bar Council of England and Wales)

[email protected]
Tel: 0333 200 5158

10/03/2022

UK ANCESTRY

If you are a Commonwealth citizen, aged 17 years or older and can show that one of your grandparents (paternal or maternal) was born in the UK, in the Isle of Man, in the Channel Islands or in Ireland (before 31 March 1922) you could be eligible to apply to work and live in the UK under the ancestral scheme for a period of 5 years.

The UK ancestry route is one of the so-called ‘routes to settlement’.

The UK born grandparent can be either a blood grandparent or if you or your parents have been adopted the adoption process must be regarded as valid and recognised by UK law.

Contrary to what is often believed, there is no requirement that your parents or grandparents must have been married at the time of your birth.

Applying successfully from outside the UK, lead applicants and their dependants will be granted entry clearance before arriving in the UK.

Daniel Dippenaar
Barrister-Immigration Consultant and Founder Member of DEPNER IMMIGRATION CONSULTANTS (Regulated by the Bar Standards Board for the Bar Council of England and Wales)

[email protected]
Telephone: 0333 200 5158