EU Nationals Overstaying 90 Days After Brexit

A representation of overstaying 90 days after Brexit for EU nationals

Overstaying in the UK is a punishable offence that can result in significant jail time in some extreme cases. Most EU nationals can visit the UK for up to a total of 6 months without needing a visa. That can be considered a business visit. However, they have several restrictions on what they can do during their visit—no paid or unpaid work for an employer or self-employed work. This article explores what can occur to EU nationals overstaying 90 days after Brexit.

Understanding Overstaying in the UK After Brexit

Overstaying is when a foreign national, be it from the EU or another country, stays in the United Kingdom for a period longer than they are allowed to do so. For example, EU nationals who visit the UK can do so for only 6 months. After that, they must return to their own country. EU nationals are also not allowed to stay in the UK by visiting and leaving frequently. To say for longer periods in the UK, they will need to apply for a visa and be approved for it. Depending on the visa, they can reduce the restriction in terms of what they can do.

After Brexit, EU nationals are considered the same as other foreign nationals, except that they do not need a visa to visit the UK for periods of 6 months. However, this does mean that EU nationals can face penalties for overstaying in the UK. Overstaying for more than 90 days is a punishable offence unless the offender can prove that they had a reasonable reason to overstay.

Reasonable Reasons to Overstay

Below are some reasonable reasons to overstay in the UK. That said, this may vary based on your specific case, and you will need to prove to the court that it did prevent you from leaving the UK.

  • You applied for a new visa to the UK, or you applied to change your immigration status such as Indefinite Leave to Remain (ILR)
  • You have applied for an extension of your visa
  • You were diagnosed with COVID-19 and were seriously ill or were unable to travel back to your country due to travel restrictions due to the pandemic

What You Should Do When Facing Overstaying

The immigration laws in the United Kingdom have become stricter after the introduction of The Nationality and Borders Act (NABA). Therefore, depending on your offence, you can also face up to 4 years of imprisonment. If you or anyone you know is facing an overstaying charge, you must consult experienced UK immigration solicitors immediately. They can guide you on what options you can take and prepare a defence strategy to help you fight your charges. It’s possible that you may be able to reduce your charges or remove them altogether. This is relevant for EU nationals overstaying 90 days after Brexit or other nationals.

Small Boat Pilots May Face Life Sentences in the UK

Small Boat pilots may face life sentences in the UK

As of June 2022, small boat pilots may face life sentences in the UK if they are carrying migrants (refugees) into the United Kingdom. This new step has been one of the most significant changes in the UK asylum system in decades. It is meant to help counteract one of the leading methods for migrants seeking refugee to enter the UK. Thus, this article explores what this new rule includes and how it can affect small boat pilots.

How Small Boat Pilots May Face Life Sentences in the UK

The Nationality and Borders Act (NABA) received Royal Assent in April 2022. It includes various measures (including the one about the boat pilots) to help tackle a growing network of human trafficking. Instead, it will help reform the asylum system to make it possible for those with genuine refuge cases to seek asylum through legal means.

Some noteworthy changes related to boat pilots include the following.

  • Small boat pilots will now start to face imprisonment for smuggling people into the UK to seek refuge or asylum. The maximum imprisonment duration is a life sentence. The number of years will depend on the severity of the offence.
  • Immigration officers also have the right to search any containers that may be present on ships or boats that may be suspected of bringing illegal immigrants into the United Kingdom.

Issues with People Smuggling

The UK government is looking to tackle people smuggling (in the form of small boat smuggling and more) because it is putting the safety of people at risk. Traveling across significant distances by sea is not safe. In addition to that, some traffickers also prey on the vulnerability and desperation of refuge seekers, promising them safety in the UK after collecting a high price for trafficking.

What Those Facing Smuggling Charges Should Do

If you or anyone you know has been involved or is being prosecuted for human trafficking cases, you should get in touch with the experienced UK immigration solicitors immediately. As mentioned above, the penalties for piloting a boat with migrants are much more severe with the new reforms. Depending on the severity of your case, you may lose your entire life to it. Thus, with legal representation, it is possible to fight your case.

Your solicitors can help create a defence strategy to help clear your name or help reduce the charges. Human trafficking for refuge (or people smuggling) is also a complicated part of UK law, so your solicitor can help explain your case to you and help you see what your options are.

Final Thoughts

The penalties for small boat pilots committing smuggling offences in the UK were not this bad until this new act. Thus, it is more integral now than ever before to seek legal help quickly.

What Does “Unduly Harsh” Mean Regarding Children and Deportation in the UK?

Children and deportation in the UK

“Unduly harsh” is a term used in the context of children and deportation in the UK. Children in the UK may have parents that may undergo deportation. This term is used to describe an instance in which the deportation of the parent can be damaging to the child’s development due to a “genuine and subsisting relationship” between the child and the parent. Therefore, this article explores children and deportation in the UK and what effect “unduly harsh” circumstances can have on the ruling.

Understanding “Unduly Harsh” Circumstances Regarding Children and Deportation in the UK

This term pertains to the relationship between the child and the parent(s) being deported. It can also help prevent the deportation if the parent can prove to the UK government that the deportation can be unduly harsh under two circumstances, as per the European Convention on Human Rights (ECHR) obligations the UK has to follow.

The first is that the parent’s deportation will be unduly harsh for the child to stay in the United Kingdom without their parent. In that case, the parent must prove that their relationship with their child is a “genuine and subsisting” one.

The second is that the parent’s deportation will result in an unduly harsh circumstance for the child because they will be forced to follow their parent and reside in the country where they are being deported. This situation is also according to the ECHR obligations.

What Does “Unduly Harsh” Mean for Parents Being Deported?

The two circumstances above are options for parents to have their deportation ruling revoked. However, they can only consider these options if they have been charged with prison time of more than 12 months but less than 4 years.

These situations also shift the focus away from the parents and their crime and put it on the well-being of the family and the children. Therefore, in this first situation, a parent’s deportation can be revoked if the parent can prove that it is in the best interest of the child and the family for the parent to remain with them in the United Kingdom. The 7-year rule may also be considered if the child is eligible to ensure the child does not get deported along with the parent. The 7-year rule is based on continuous residence, so consult immigration lawyers for more information.

If the court believes that the child should follow their parent (to keep the family together), the parent can attempt to prove that that decision is unduly harsh on the child. This option can be considered for refugee parents that attempted to escape a country where their lives were in danger.

Final Words

Children and deportation in the UK is a complex matter, and acting quickly is paramount to finding a solution. Thus, get in touch with our immigration solicitor as soon as possible to consider your options.

What Is Long Residence in UK Immigration Law?

Long residence in UK immigration law

Long residence in UK immigration law is when a person who has lived in the United Kingdom for a specific period continuously without leaving the country for more than a specific duration can acquire Indefinite Leave to Remain. There are different rules related to long residence, which is also known as continuous residence. Thus, this article helps break this down into simple terms.

Different Periods of Long Residence

The rules for long residence in UK immigration law vary based on the duration of your stay in the United Kingdom. Thus, below are some details on the two different durations.

Long Residence of 10 Years

Those applying for Indefinite Leave to Remain based on their long residence can only do so if they satisfy the continuous residence requirement according to paragraph 276B of UK immigration law. Thus, they must stay within the United Kingdom for 10 years without leaving the country for a period of more than 6 months at a time. However, they can leave the UK for shorter periods (six months or less) if they had Leave to Remain and Leave to Enter when leaving and returning.

Those who were incarcerated will also have only their period outside of custody counted in the acceptable 6-month exit period. Applicants who left before 24th November 2016 also can apply for Indefinite Leave to Remain even if they do not satisfy the 6-month rule when they reapplied for their entry to the UK because of the expiry of their leave at that date.

Applicants of this duration must also have lawfully stayed in the UK for this period. Consult UK immigration solicitors for more details on what counts as lawful residence.

Long Residence of 20 Years

The Long Residence of 20 Years is a replacement for the previous rule that was based on 14 years of residence. The rules for this period are the same as the long residence rules for 10 years of residence. However, the most notable difference is that the applicant does not have to have lawfully lived in the UK continuously for 20 years. The rules are discussed in the UK immigration laws, paragraphs 276ADE(i) and (iii). That said, every applicant must pass the suitability grounds and have a valid application to acquire Indefinite Leave to Remain through their continuous residence of 20 years in the UK.

Final Words

Long residence in UK immigration law can be tricky to understand as there are specific rules and exceptions to those rules. That is why it is critical to consult a skilled and experienced UK immigration solicitor about your case. It’s possible that you may qualify for Indefinite Leave to Remain if you believe that your case does not satisfy the rules. Your solicitor can help guide you with your case and make a suitable application.

Document Fraud in the UK – False Identity Documents and Illegal Crossing of Borders

Document Fraud in the UK

Document fraud in the UK, specifically false identity documents and those related to the illegal crossing of borders, can have severe penalties as per the law. Despite the risks, several thousands of people present false documents to the Border Force every year in an attempt to enter the United Kingdom illegally. If you or someone you know has been caught or convicted of such a crime, you should note that you have some options to help fight your case through proper legal representation. Thus, this article discusses what is considered false documents as per UK law and highlights the need to seek legal help quickly.

Document Fraud in the UK

Document fraud is the process of presenting false documentation with incorrect information to any governmental body in the UK (in the context of our discussion).

The Home Office defines a false document in the Immigration Rules, paragraph 6. Therefore, it includes documents that are

  • Tampered with or altered
  • Counterfeited
  • Used by someone who is not who they claim they are (i.e., an imposter)
  • Issued or obtained fraudulently
  • Used for visa or entry clearance based on counterfeit or falsified information

It’s also possible that you are unaware that your documentation is falsified—you could still face legal repercussions as a result. Therefore, it is pertinent that you ensure that all documentation (especially that has to do with your identity) is overseen by a solicitor to ensure complete accuracy, particularly if you believe that there may be room for falsified information.

What Happens to People with Falsified Documentation?

The severity of a case can dictate the penalties someone has to face when caught with false documentation. Border Force may charge such cases as potential criminal cases. Thus, those people who possess false documents without any reasonable excuse could face up to a maximum of 2 years imprisonment. On the other hand, those who have false documentation to use for improper intentions, then they may be charged with imprisonment of up to 10 years.

These penalties are based on Section 6 of the Identity Documents Act 2010.

It is important to note that the number of prosecutions and convictions of such charges has reduced in the last decade (between 2010 to 2020). Nevertheless, such cases still occur, and the penalties can be grave for many perpetrators.

Last Few Words

As discussed above, Document fraud in the UK is a serious issue that can change your life for the worse. If you or your loved ones are ever caught with false documentation, it’s paramount that you hire trained UK immigration solicitors to help with your case. They can help develop a defence strategy that can prevent you or your loved ones from paying terrible prices now and in the future.

Is There a Difference Between Voluntary Departure and Deportation in the UK?

Difference between voluntary departure and deportation in the uk

Is there a difference between voluntary departure and deportation in the UK? Yes, there is a difference between the two, and the possibility of re-entry to the UK also varies between voluntary departure and deportation. This article discusses both of these so that you know the differences and your options if you’re ever on the verge of being forced to leave the United Kingdom. Read on to learn more.

Deportation in the UK

Deportation in the UK is when the Home Office removes a person from the UK because their removal is conducive to the public good. This typically occurs when a migrant to the UK has committed a crime with a punishment of imprisonment of over 12 months. At the same time, any migrant in the UK who has been convicted of a repeated offence may be given a deportation order. Any crime committed overseas that was considered to have caused “serious harm” may also lead to a deportation order.

In such cases, you may be asked to leave the United Kingdom, and re-entry may be difficult or impossible, depending on your circumstances.

Voluntary Departure

Voluntary departure is when a person willingly exits the UK, i.e., without forcible removal by the Home Office. Therefore, the term voluntary departure is used for migrants who may choose to depart from the UK voluntarily after overstaying. Thus, they leave before there is any formal deportation order against them. The ability to re-enter the United Kingdom is a lot easier in that case than after receiving a formal removal order.

Immigrants who depart from the UK voluntarily may be able to re-enter after 1 year if they pay for the departure themselves. Immigrants in the UK who cannot afford to leave the UK may request the Home Office to fund their exit. In that case, they can re-enter the UK after at least 2 years. This duration is known as a re-entry ban.

In either case, it is beneficial to inform the Home Office that you are voluntarily departing the UK. This way, there will be clear records of your leave from the UK, which may make re-entry less troublesome than otherwise. It can help to consult a team of UK immigration solicitors about what your options are before you depart from the UK, as they may help you determine the best path forward for your future in the United Kingdom.

Final Words

The difference between voluntary departure and deportation in the UK is that the former is not sanctioned by the Home Office. If you’re afraid of overstaying in the UK, then you should make sure that you leave voluntarily before you get a deportation order, making it near impossible for you to win your deportation case or return to the UK in the future.

One Stop Notice in the UK Deportation Procedure – What You Must Know

One Stop Notice in the UK deportation procedure

If you or a loved one is facing deportation from the UK, the chances of appealing to the Home Office to reconsider the deportation order and getting it revoked is very low. However, under unique circumstances, such as being faced with a human rights violation, you may be able to successfully appeal to the Home Office about your deportation order.

Thus, in such cases, the Home Office may you or the person affected with a One Stop Notice. This document is critical in helping you contest your deportation order. Therefore, this article explains the One Stop Notice in the UK deportation procedure and why it is critical to respond to it as soon as possible.

One Stop Notice in the UK Deportation Procedure

The Home Office serves a One Stop Notice to those who have made human rights claims during a deportation case or an asylum claim. Therefore, the purpose of this document is to provide those charged with a useful opportunity to state a series of reasons why they should not be removed from the United Kingdom (for those being deported) and remain in the UK.

The Secretary of State of the Home Department (SSHD) is typically responsible for issuing a One Stop Notice. However, an immigration officer may do so as well in asylum cases. It is up to the Secretary of State of the Home Department whether to issue the One Stop Notice to an individual or not. However, issuing this notice to those who have appealed a deportation order based on a human rights claim is common.

What to Do with a One-Stop Notice?

If you or your loved one is served with a One Stop Notice, it is imperative that you respond to it as quickly as possible. The Home Office often provides a deadline for responding to the notice. Ensure you provide your response much before the deadline to avoid any complications due to processing times.

You should note that the Home Office is obligated to read and consider your response with regard to your deportation order or asylum case. Therefore, you should make it a point to draft a compelling response that can help your case.

In your best interest, consult an experienced solicitor in this field when drafting your response. They can help guide you on what to include in your response. Thus, they can help you add information that can help you make your case stronger for why you should be allowed to stay in the UK.

Final Words

Undoubtedly, winning a favourable outcome in a deportation case in the United Kingdom is nearly impossible. However, the One Stop Notice in the UK deportation procedure offers you a fighting chance if you use it wisely.

What Are Some Circumstances in Which You Won’t Be Deported from the UK?

Two people discussing being deported from the UK

Deportation in the United Kingdom is a punishment foreign nationals in the UK may face for their crimes. However, there are some instances in which this form of punishment does not apply to someone. Thus, this article discusses some circumstances in which you won’t be deported from the UK.

Being Deported from the UK – Exemptions for Specific Individuals

Specific individuals are exempt from ever being deported from the UK based on certain aspects of their identity. Below are people who are exempt from deportation in the United Kingdom.

  • British Citizens
  • Citizens of British Overseas Territories
  • Individuals with the right of abode, which is the right to enter the UK and remain there for an unlimited period
  • Irish or Commonwealth citizen who has been residing in the UK for5 years or since 1 January 1973

These exemptions should prevent you from needing to appeal any deportation order if there is one against you. In that case, make this information clear with your solicitor if the Home Office incorrectly served you a deportation charge.

Circumstances in Which You Won’t Be Deported from the UK

Above are individuals who may never be deported from the United Kingdom. However, you can also not have any of the identities mentioned above and still not face deportation from the UK by the Home Office. Thus, the following circumstances can help prevent deportation.

  • You have begun the process of challenging or appealing your deportation charge
  • You have an injunction that will help prevent your removal from the UK
  • Legally, you can demonstrate how your deportation from the United Kingdom would breach the obligations of the UK as per the European Convention on Human Rights.

It is critical to speak to an immigration solicitor trained in deportation when dealing with a deportation order. There’s a chance that you can avoid being removed from the UK if you satisfy any of the aforementioned circumstances.

Circumstances of Avoiding Deportation of Spouses and Children

You should also note that if you are the spouse or child of a person being deported, you may still be able to stay in the UK. You will have to satisfy any of the following categories.

  • You are a UK citizen
  • You can demonstrate that you have not been living with your immediate family member who is being deported
  • You have settlement in the UK, i.e., Indefinite Leave to Remain (ILR)

Last Few Words

While there are some circumstances in which you won’t be deported from the UK, you will still need the help of an experienced solicitor to help build a case that can defend your position. With deportation orders, it’s typically favourable to seek legal help as soon as possible. This way, your solicitors can create an effective defence strategy and inform you about how to approach your One Stop Notice in the UK deportation procedure.

Can the Parents of a British Child Be Deported from the UK?

Can the parents of a British child be deported from the UK?

Can the parents of a British child be deported from the UK? Unfortunately, the parents of a British child can still face deportation. There is no automatic exemption for foreign parents whose children were born in the UK. That said, there are some options for such parents to make a compelling case to remain in the United Kingdom. Thus, this article discusses deportation laws to explain why such parents do not receive exemptions. It also explains what parents in such situations must do.

Why the Parents May Face Deportation from the UK

Parents of a British child may face deportation from the United Kingdom due to the following reasons.

  • The Secretary of State removes the parent(s) from the UK because it believes it is favourable for the public good
  • A court believes that a criminal facing imprisonment should be deported from the UK instead of serving prison time in the United Kingdom

Also, if your spouse is being deported from the UK, you may be removed as well. This is irrespective of whether you are or are not the parent of a British child.

Circumstance in Which Parents May Not Face Deportation in the UK

Parents with a British child can avoid deportation from the UK altogether if they satisfy any of the following circumstances.

  • They are exempt from deportation because they are Commonwealth or Irish citizens residing in the UK since 1 January 1973 or for 5 years, or they have the right of abode (the right to enter the United Kingdom and remain there with no time limit)
  • They can show that their removal from the UK goes against the obligations the UK has made under the European Convention on Human Rights (ECHR)
  • The parents have already started appealing the charge or have an injunction to prevent their deportation
  • As per the ECHR, the removal of the parent will be unduly harsh for the child to stay in the UK without their parent
  • As per the ECHR, it is unduly harsh to force the child to stay in the country where their parent is being deported

The last two circumstances only apply to parents who have been charged with over 12 months but less than 4 years of prison time. That said, a parent’s deportation order can be revoked if a case is made based on these circumstances.

What Parents Can Do to Prevent Their Deportation

These circumstances are important because they can help parents’ legal team to develop a defence strategy that revolves around these factors. Thus, parents should speak to an experienced immigration lawyer who can help prevent their deportation from the UK. Solicitors can help review the parents’ relationship with the child and come up with a compelling case of why the parent’s removal is not conducive to the child’s wellbeing.

What You Should Know About Smuggling Offences in the UK

Smuggling Offences in the UK

Smuggling offences in the UK occur when you are charged for breaking the law as per the Customs and Excise Management 1979. This means that you are under suspicion of illegally importing goods or evading products’ taxation and customs duties. Thus, there are a few different types of smuggling offences in the United Kingdom, and the penalties can vary based on the type of offence. Thus, this article provides you with what you should know about smuggling offences in the UK.

Different Examples of Smuggling Offences in the UK

As mentioned above, smuggling constitutes illegally importing goods into the UK, committing specific types of fraud, and not paying the appropriate customs duties or VAT. With that said, below are some examples of smuggling offences in the UK.

  • Importing prohibited goods
  • Illegally importing goods into the UK
  • Illegally manufacturing Excising goods in the UK
  • Diversion fraud
  • Tax fraud
  • Excise fraud
  • Doing any action that is against the UK customs law
  • VAT fraud, payment fraud, or invoice fraud

Please note that this list is not exhaustive, and other crimes can be considered smuggling. Thus, if you suspect you are being charged with a smuggling offence, contact a solicitor immediately. They can help explain your situation in greater detail and provide you with a defence strategy that can help you reduce your penalties.

What Are the Penalties for Smuggling Offences in the UK?

There are a few factors that affect the penalties for smuggling offences in the United Kingdom. These factors include the nature of the crime, the extent of the smuggling offence (i.e., the quality and value of the smuggled goods), and how many prior offences the individual or organisation has committed. Moreover, other factors include the value of the smuggled goods, the intention of smuggling specific goods, and the size of the individual’s or organisation’s smuggling operation.

Typically, all smuggling cases have the perpetrator forfeit all of the smuggled goods to law enforcement officials. In addition to that, they may have to pay penalty fees based on the nature of their crime. Some extreme cases of smuggling can also include imprisonment of up to 7 years. Imprisonment typically occurs with the smuggling of firearms and Class A drugs (in large quantities). You should note that very serious cases can also include imprisonment for life.

Last Few Words

If you want to be able to reduce the penalties for your smuggling offences in the UK, it is imperative that you seek legal representation as soon as possible. You may be able to significantly reduce your charges if your lawyer can determine the nuances of your case before it’s too late. Make sure to seek only those lawyers who are skilled and experienced in this field because you may end up paying a lot of money in penalty fees.