Coming into force yesterday, 31 January 2021, Appendix Hong Kong British National (Overseas) creates two new visa routes for adult BN(O)s and their dependants.

In 2017, the Home Secretary introduced a concession to the Immigration Rules to allow the employment of foreign nationals who are joining vessels engaged in the construction and maintenance of offshore wind projects in UK territorial waters. This concession is time-limited and leave to enter under the terms of the concession was previously extended to 31st December 2020 as we covered in our previous blog post in April.

If you're in the UK If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 December 2020 and 31 January 2021 you may request additional time to stay, known as ‘exceptional assurance’.

With the New Year comes another UK-wide lockdown. In Scotland, this has come in the form of the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No. 10) Regulations 2021.

Reaching the point of extension means you have undergone the first spousal visa application successfully. Congratulations on making it to mid-way on this 5 year route to permanent settlement. The extension process is often viewed as much easier than the first spousal entry clearance. Perhaps because couples are often separated with the first visa if the sponsoring spouse is in the UK whilst the applicant partner is waiting for a decision abroad. With an extension, both are in the UK and living together, thus making the waiting around for a decision a lot less painful. Another factor which helps put minds at ease is the familiarity with the type of evidence required.That being said, the rules which apply to extensions are different to those for the first visa. This calls for an equally robust approach in preparation to ensure the application holds the best chances of success when submitted to the decision maker, UK Visas and Immigration.

If you need to provide alternative evidence of identity and nationality, or entitlement to apply from outside the UK You may be able to use an alternative piece of evidence of identity and nationality, or (if you are applying from outside the UK) of entitlement to apply from outside the UK if you are unable to obtain or produce a passport or national identity card due to circumstances beyond your control or due to compelling practical or compassionate reasons specifically related to coronavirus public health restrictions.

Free movement comes to an end at 11pm on the 31st December 2020.  EU nationals living in the UK should hopefully by now have applied for pre-settled or settled status confirming their right to continue to live in the UK after 2020, under the EU Settlement Scheme (‘EUSS’). If not, the deadline is the 30th June 2021 to apply, referred to as the Grace Period.

If you have been granted indefinite leave to remain in the UK and are over 18 years old you may be eligible to apply for British Citizenship by Naturalisation.

  If you are in the UK and you are a non-European family member of an EEA national, you may be wondering whether the EU Settlement Scheme introduced on 29 March 2019 is applicable to you. The answer is yes.

If you’re in the UK You are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires between 1 November and 30 November 2020 you may request additional time to stay, known as ‘exceptional assurance’, by completing the online form.