The EEA post Brexit.

If you are an EEA National living in the UK then you should have applied for settlement under the Settlement Scheme by 30 June 2021.

If you didn’t then don’t worry because we can still help as many people have different explanations for applying late and we have experience in presenting these cases to the Home Office.

You can still bring your partner and children here even if you just have pre – settled status. Please ask us if you need help with this.

If you are a non-EEA national intending to come to the United Kingdom to join your partner who is a national of one of the EEA member states you are advised to apply for this permit from an overseas British post. If successful you would be given an EEA Family Permit which gives you the right to enter the United Kingdom for 6 months. You will then be eligible to apply for a Residence Card under the EEA Regulations 2006 after entry to the United Kingdom.

If you are a non-EEA national living in the United Kingdom with your EEA national partner you may apply for an EEA Residence card which confirms your right to live and work in the United Kingdom.

You must provide proof that you’ve been a qualified person or the family member of a qualified person for 5 years.
You can use your permanent residence document to apply to naturalise as a British Citizen if you’ve lived in the UK for 6 years.

If you have been forced to leave your country and are unable to return because of fear you will be persecuted for your race, religion, nationality, political opinion or due to you being a member of a particular social group, it is open for you to make a claim for asylum in the United Kingdom.

In some case it may be appropriate to grant you humanitarian protection where you are found not to be a refugee under the Refugee Convention but you are nevertheless at risk of serious harm on return to your country of origin. Humanitarian protection will only be granted if you do not fall to be recognised as a refugee but you require protection nonetheless. We at Irving Legal Ltd can assist and represent

We have specialist lawyers who will be able to talk you through the process, advise you on the evidence that you will need to provide and make the application for asylum or Humanitarian Protection on your behalf.

If your asylum claim is successful, then you will be recognised as a refugee and granted leave to remain as a refugee for a period of 5 years. You will then be eligible to apply for your family to join you under the Family Reunion rules. You will be eligible to apply for Indefinite Leave to Remain after 5 years.

If your application has been refused by UK Visas and Immigration, then you may be afforded a right of appeal against the decision. Irving Legal Ltd can advise on every decision to refuse an application that is taken by the Home Office or decisions taken to refuse entry made by a British overseas post (i.e Embassy or Consulate). Should you decide to appeal a decision by the Home Office or Consulate, we will be prepared to assist you by drafting grounds of appeal, drafting your witness statements and statements of third party witnesses, preparing the appeal bundle and instructing experienced Counsel to represent you at court.

The purpose of the Immigration and Asylum Chamber is to hear and decide appeals lodged against decisions taken by the Home Office and Entry Clearance Officers.

A part of the Ministry of Justice, the Immigration and Asylum Chamber has been set up to be independent of the Home Office. Appeals are heard in a number of centres around the United Kingdom.

There are two ways of lodging an appeal. One is to request a paper appeal and other is to request an oral hearing. If you make an appeal you will usually be advised to attend an oral hearing with your legal representative. The Home Office will also have a legal representative at the hearing.

The Immigration Judge or panel will decide whether your appeal against the Home Office decision is successful or not. This is known as the decision being allowed or dismissed. The Tribunal’s decision will be given to you in writing and it is called a determination. In certain circumstances it may be possible for you to appeal against the Tribunal’s decision. The Home Office may also be able to do this.

Irving Legal Ltd can assist and represent at each stage of the appeal process and we have a high success rate of appeals being allowed in favour of our clients.