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Applying Judicial Review to overturn country ban
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IMP NEWS: Please update yourself to know the impact of UK leaving the EU.
#Brexit #BrexitVote #BrexitOrNot

With the dramatic news yesterday that the UK has voted to leave the EU, the endless discussions (and drama) of the campaigning for both positions comes to an end and the reality of ‘leave’ begins.

One of the biggest questions coming out of the decision to leave the EU is the impact on UK businesses relying on EU workers and for the 3 million EU migrants (and their dependents) living in the UK?

Here is our quick reference guide to the immigration implications of Brexit.

What happens now?
Nothing changes – yet.

The UK continues its membership of EU as it has in the past and it is estimated that will continue to do so for the next 2 years (at least)
The Treaty on the European Union requires that the member state needs to formally give notice of its intention to leave triggering a 2-year period (which may be extended by unanimous agreement) after which its membership of the EU will cease.

With David Cameron announcing his resignation and stating that the new leadership needs to take over means that it is unlikely the Article 50 notice would be triggered till October (when new leader is chosen). Once notice has been given, then UK will begin negotiations with the EU for the terms of exit.

Big question: What will happen to EU migrants already in the UK?
EU citizens already in the UK continue to have free movement rights (until UK formally leaves the EU).

It is expected that transitional arrangements will be made for these EU citizens to be granted permission under the UK immigration Rules when the UK leaves the EU.

However, it remains to be determined by the government on areas like:
– What that permission will be (indefinite or temporary),
– What will be the cut off (e.g. those who have already acquired permanent residence under EU law having lived in the UK for 5 years, those present in the UK on the date of the referendum, those present in the UK on the date the UK ceases to be a member of the EU etc),
– What application process may be involved.

What will happen to EU nationals wishing to come to the UK once it is no longer in the EU?
Depending on the negotiations on withdrawal and the terms that the UK gets from the EU it is likely that Nationals of EU member states would need to meet the requirements of UK immigration laws.

There is a possibility that EU nationals seeking to come to UK for holidays or short visits are less likely to be impacted, however the EU nationals seeking to come to UK to work or study are more likely to have to file Entry clearance applications (like the non EU nationals).

There are likely to be several changes to accommodate this shift and it is highly unlikely that the UK Immigration Rules will not evolve. For instance, the current rules for Tier 2 General visa require that the sponsoring company prove that suitable migrants were not available from within the UK and the EEA and hence a non EU national is being recruited – this will need to changed.

In addition, if entry clearance applications will need to be filed to enter the UK, then UK will have to set up consulates/embassies, VFS etc. to manage the flow of applications from the new places.

Impact on UK citizens living in other EU member states?
Presently there is no immediate change for British citizens in the EU.
The final position will depend on the negotiations between the UK and EU member states. Of course the interest and wellbeing of the British citizens would be a key driver in the negotiations.

If you want more details or what to know how Brexit will affect your visa, call our UK Visa Expert – Mumbai | Delhi on +91 98191 27002
(if you are viewing from mobile, click on the nos to call directly)


This news is based on the following topic:
– United Kingdom European Union membership referendum, 2016
– European Union
– ‪EU referendum
– What the E.U. is

Choosing the right category of UK visa can appear to be confusing for example, should one apply for a UK business visitor visa or UK general visitor visa or UK family visitor visa.

Get in touch with our
UK immigration consultants in India for appropriate professional guidance.

Winner International Advisory award 2016 Recognised by WWL as 2016 Corporate Immigration firm
Proud winner of IAE Corporate Immigration Law (India) award for 2016 Recognised by WWL as 2016 Corporate Immigration firm

Client Successes

Here’s what our clients have tosay about our services

We really appreciate your service towards guidance and documentation part for issuance of UK…
Notandas & Sons, Mumbai, Overseas Domestic Work visa
“I am really happy that my visa has been approved and I can go see my grandchildren in the UK”
Surayya A, Mumbai, Visitor Visa
Falguni, many thanks for your help in getting the exit visa and passport issue resolved for…
Ravi S, London, Surrogacy Visa

Click here for more client testimonials.

Case Studies

Read about SmartMove2 UK diverse experiences of working on some of the most challenging UK Immigration cases.

“Refusal of visa applications on account of cash deposited”
Caselet I, Read more
“Being self employed, running a small business in India can be an impediment for visitor visa”
Caselet II, Read more
Applying Judicial Review to overturn country ban under rule 320 7B.
Case III, Read more

Read our case studies to know how we help our clients achieve success in UK Immigration matters.

References & Resources

UK Immigration Solicitor Falguni Laheru on BBC India Business Report

UK Immigration Solicitor Falguni Laheru of Smart Move 2UK speaks to Yogita Limaye of BBC’s India Business Report program on the impact of limitations that post study work options in UK are having on students deciding to study abroad.

Click here to listen to our experts talk about Immigration.

Lorraine Rodrigues, UK Dependant Visa applicant, Mumbai

Hear Lorraine Rodrigues share details of the Judicial Review that our Solicitor Falguni Laheru filed for her Dependent visa.

Click here to listen to our client experiences.

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About Smartmove2 UK

Obtaining urgent UK immigration advise is necessary for both business and personal reasons. Also when time is not a constraint it is preferable to apply for the right visa and get it well in time. Choosing the right category of visa can appear to be confusing for example should one apply for a business visitor visa or general visitor visa or family visitor visa. Is it preferable to enter UK on Fiance visa or should one apply for UK Spouse visa.

We are here to help you all the way always to apply for your UK visa from India or from any where else in the world. The UK Immigration categorizes applicants under different tiers or categories for the sake of convenience.

At first, it can appear confusing to determine the tier or the appropriate category of visa where you need to apply. Get in touch with our UK immigration consultants in India for appropriate professional guidance. We handle the complete process making it extremely convenient to our valued clients. We handle UK business visa, investor visa, spouse visa, dependant visa, settlement applications, ILR applications, Appeals and Refusals, country ban cases pertaining to Paragraph 320 and general tourist visa among other services.

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