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.

Money and Cash Seizure in the UK – Cash Allowance and Burden of Proof

Money and cash seizure in the UK

Money and cash seizure in the UK can occur if you don’t follow the correct guidelines for cash allowance when travelling in and out of Great Britain. You may then have to pay penalties to have your money returned. Border Force may also seize your money (even if it’s below the allowed cash amount) if they suspect that it will be used for criminal purposes. In that case, they will need to provide bear the burden of proof to make a case against you. With that said, this article discusses money and cash seizure in the UK, specific to cash allowance and when there is potential criminal activity suspected.

Cash Allowance When Traveling In and Out of Great Britain

Whenever you are travelling in and out of Great Britain (England, Wales, or Scotland) from or to another country, you must carry a cash amount of less than £10,000 (with a group or family) if you do not want to deal with any legal issues. However, if you exceed this amount when travelling with a group or family (irrespective of whether the individuals all possess less than this amount), then you must make a declaration to UK customs.

You must make a declaration for various types of money, including the following.

  • Cash (coins and notes)
  • Travellers’ cheques
  • Bearer bonds
  • Signed cheques that are not made out to an organisation or person

A declaration, therefore, is a document that you must use to inform the Border Force that you are carrying an amount exceeding the cash allowance limit. You must then present this document to a Border Force officer when moving in and out of the UK.

This declaration is not any typical document. There are certain details that need to be present in the document in order to satisfy the Border Force. Thus, some details needed are listed below.

  • The person who will carry the cash or other form of money and who owns it (their address and passport number will be necessary)
  • Details of the journey, including the countries visited (including transits)
  • The exact amount of cash that the person will carry
  • How the cash will be used
  • The source of the cash, i.e., the exact location for where it was generated

Cash Seizure When Criminal Activity Is Suspected

Custom authorities can only seize cash if they suspect it is involved with criminal activity for 48 hours. After that, the authorities must have a court order and bear the burden of proof, i.e., they must prove that it is being used for illegal activity, as opposed to the defendant providing proof that it is not being used for illegal activity.

In either case, you should always have appropriate legal representation in cases regarding money and cash seizure in the UK. This way, you can help prevent paying high penalties and have your seized money returned.

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.

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What Happens to Illegal Immigrants’ Children That Are Born in the UK?

What happens to illegal immigrants’ children that are born in the UK? Being born in the UK automatically makes a child a British citizen, but not in the case of being born of illegal immigrants. However, that does not mean they must leave the UK with their parents. There are a few options they can take, which may depend on specific circumstances. This article highlights these options and explains how crucial it is for you to work with an experienced solicitor in this field to help you determine what course of action you can take if you’re dealing with such a situation.

What Are the Circumstances That May Affect Your or Your Child’s Options?

The circumstances that may affect the options of a child of illegal immigrant parents are as follows

  • The duration of their stay in the UK (i.e., with 7 or 10 years of continuous residence)
  • When the child was born (laws of specific periods may be applicable)
  • The child’s age (should be under 18 years)

 

Options to Remain in the UK

So, what happens to illegal immigrants’ children that are born in the UK? Here are some options.

Become a British Citizen

A child who was born on or after 1 July 2006 and has lived in the UK for 10 years since birth can apply for citizenship in the UK. Moreover, they should not have spent more than 90 days outside the UK during this period. However, if one of the parents becomes a British citizen, the child automatically becomes a citizen as well.

Acquire Indefinite Leave to Remain

The new 7-year child immigration rules published on 20 June 2022 made it possible for children under the age of 18 to seek Indefinite leave to remain (IRL) provided that they have lived for 7 years in the UK before applying for IRL. IRL enables a migrant to remain in the UK permanently without any immigration restrictions. They would also have to have lived in the UK continuously since their birth and were not outside of the UK for more than 6 months within any year of the 7-year period. This option comes under the Private Life application, and applicants for this should hire a solicitor because they can help them create a compelling case as to why the child’s removal from the UK would be unreasonable.

What Can the Parents Do to Remain in the UK?

If the child of illegal parents becomes a citizen of the UK, the parents can apply for a parent visa. The child must meet the following requirements for them to qualify for this visa.

  • Be a British citizen, Irish citizen, or have settled in the UK
  • Be under 18 years of age
  • Have been living for 7 continuous years in the UK, and it is considered unreasonable for the child to leave the UK

The parents must meet the following requirements.

  • Has shared or sole parental responsibility for the child in question
  • Meets the CEFR level A1 English language requirement
  • Are capable of financially supporting themselves in the UK

Speak to trained UK immigration solicitors to learn more about what you can do for your child and your family in such situations.

How to Challenge a Vehicle Seizure by Border Force

How to challenge a vehicle seizure by Border Force

HMRC or Border Force may seize your vehicle if it believes that you were attempting to evade paying the appropriate duties on the product when bringing it into the UK. Moreover, the vehicle may also be seized if it is used in smuggling operations. You can have your vehicle returned to you by challenging the seizure or asking Border Force to return your goods, and this article explains your options. So, here’s how to challenge a vehicle seizure by Border Force.

How to Challenge a Vehicle Seizure by Border Force

What’s important to understand is that challenging a vehicle seizure by the UK Border Force is that you are claiming that the seizure of your vehicle was done illegally. Therefore, you will have to prove that there were no legal grounds for Border Force or HMRC to seize your vehicle. You will need to make this clear to Border Force, explicitly stating that this is a condemnation proceeding—not a restoration request.

You will need to consult UK solicitors with experience in the seizure of goods, item stoppages, and product detentions to build a solid case. Your team of lawyers can help develop a case for you

 

Know the Deadlines

If Border Force seizes your vehicle, you have 28 days since the seizure to get the vehicle back. After that, it may get sold or destroyed. Thus, make sure to speak to your lawyers without any delays to ensure that you have the opportunity to have your belonging returned to you.

An Important Point to Keep in Mind

Before you go with this option, it’s crucial that you consult your lawyers to determine if the vehicle seizure was legal or not. Your lawyer may point out some details that show illegal action by Border Force officers that you may not have known. On the other hand, they may indicate the opposite. There’s no point in challenging a vehicle seizure by Border Force if you are not entirely sure that the process was done illegally; you should also be confident that you can present evidence for the illegal seizure.

If you have a basis for challenging the vehicle seizure, you can begin with condemnation proceedings. Your team of lawyers will provide you with the relevant details on how to go about this process. If you don’t have a credible basis for your challenge, you can try some of the other options as discussed below.

Other Options to Have Your Vehicle Returned

In addition to knowing how to challenge a vehicle seizure by Border Force, you should note that there are other options available to have your vehicle back in your possession. They are as follows.

The first is to make a restoration request. In that case, you’ll accept that the seizure was legal, and you want your vehicle returned to you. The second is to make a restoration request and challenge a vehicle seizure by Border Force. This is a combination of the option above and condemnation proceedings.

What Are the Re-Entry Ban Limits for UK Deportation?

Re-entry ban limits for UK deportation

There are different re-entry ban limits for UK deportation based on whether you leave voluntarily or are removed by the Home Office. Knowing these re-entry limits can be helpful for immigrants who plan to settle in the UK in the future or those dealing with deportation. Thus, this article highlights these varying re-entry periods based on unique circumstances.

What Is a Re-Entry Ban Limit?

A re-entry ban limit is a specific duration during which an immigrant may not be able to return to the UK after their departure. These limits can vary from 1 to 10 years.

Re-Entry Ban Limits for UK Deportation

Below are different re-entry ban limits for UK deportation and details on what circumstances can lead to that limit.

No Re-Entry Ban Limit

If you do nothing illegal, i.e., enter the country the legal way and leave before your visa expires (or overstayed for under 30 days), you won’t be given a re-entry ban limit, provided you did not cause the Home Office any expenses and left voluntarily. Leaving the UK voluntarily is known as voluntary departure.

1 Year Re-Entry Ban Limit

Immigrants who overstayed in the UK for over 30 days past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition will face a 1-year long re-entry ban limit. They would also have to have departed from the UK voluntarily and at their own expense.

2 Years Re-Entry Ban Limit

Immigrants in the UK who do not have the finances to fund their exit from the UK may request the Home Office to over it. They may need to exit the UK because of overstaying or illegally entering the UK, were a victim of human trafficking, dealing with an asylum case, etc. In that case, the re-entry ban limit is 2 years.

5 Years Re-Entry Ban Limit

A person may face a 5-year re-entry ban limit if they did the following.

Overstayed in the UK past their visa expiration, entered the country illegally, used deception when in the United Kingdom, or went against a leave condition but left the UK voluntarily after 6 months or were removed or left after receiving a caution from the Home Office.

10 Years Re-Entry Ban Limit

There is a 10-year re-entry ban limit for any immigrant who receives a deportation order. While the re-entry ban limit for UK deportation may be 10 years, that does not guarantee your return to the United Kingdom after that period. You should hire experienced UK immigration solicitors that can review your case thoroughly and determine any possibility for your return.

Final Words

Re-entry ban limits for UK deportation can be life-changing and bothersome, especially if you didn’t do anything wrong. Thus, consult your lawyer to help create a defence strategy for your case.

Penalties for People Smuggling in the UK

Penalties for people smuggling in the UK

People smuggling in the United Kingdom is a criminal offence that has devastating penalties for parties engaged in such activities. A new change in the law regarding people smuggling in the UK may also change these penalties for the worse in an attempt to help reduce migrants from entering the country. This article discusses the penalties for people smuggling in the UK.

What Is People Smuggling in the UK?

It is a process through which specific actors facilitate migrants to enter the United Kingdom illegally. It is solely a part of the Immigration Act 1971 [Sections 25, 25A, 25B, 25B (3)]. Therefore, it is not the same thing as people trafficking. This process is usually reserved for those facilitating the entry of asylum seekers into the country to seek refuge there after leaving their own or those who were served a deportation order. That said, people smuggling is also a serious offence, and it’s crucial to have legal help to manage your case.

What are the Penalties for People Smuggling in the UK?

The penalties for people smuggling in the UK are currently set at a maximum of 14 years of imprisonment. However, earlier in 2022, a bill was introduced that could increase this maximum imprisonment duration to a lifetime sentence. If this bill is accepted, this may reduce the activity in the UK or may cause further complications—anything is speculation at this point.

Who Will Not Be Convicted of People Smuggling

This bill also states that individuals and organisations who rescue people in distress or danger at sea will not be charged with people smuggling offences.

What the UK Government Considers Problematic with People Smuggling

Other than being illegal to facilitate the entry of individuals into the UK for gain (Section 25A), it’s also ethically wrong to do so because many people looking for refuge are put into situations by gangsters that pose a significant risk to their lives.

It’s important to note that people who are being smuggled (who are often refugees) also may be charged with imprisonment. While there may be some help for victims, entering the country illegally is still a criminal offence. That said, people in such positions can consider hiring a team of UK immigration solicitors to help fight their case through a sound defence strategy.

Final Words

After knowing the penalties for people smuggling in the UK, it’s evident that you or your loved ones should hire experienced and highly skilled UK immigration solicitors to handle your case. There are many complications that arise with such charges, so you should make sure that nothing is being additionally added that is incorrect. A team of lawyers can review your case, make sure that every detail is accurate, create a defence strategy, and then implement it to help you get the most favorable outcome based on your situation.