Travel in 2022 looks bright

Image credits: Council of the European Union With the political agreement struck last week Friday between its 3 main institutions (European Comission, European Parliament and council of the EU), the EU is now coming closer to having a digital travel authorisation system like ESTA or eTA used in the USA and Canada respectively.

The EU’s ETIAS (European Travel Information and Authorisation System) is set to be operational by the end of 2020 and will allow non-EU citizens from countries like the UK, USA, Brazil, Australia, who are exempt from visa requirements, to travel within the Schengen area (currently 26 EU countries).

What does this mean?

The ETIAS will NOT mean new visa requirements for nationals from countries that are exempt visa exempt.

BUT visa exempt nationals will need to fill out the electronic form and obtain authorisation prior to travelling.

Fees and validity

A one off fee of €7 and valid for 3 years (multiple entries).

Check out the ETIAS website for the 60 visa exempt countries

https://www.etiasvisa.com/etias-questions/which-are-the-etias-countries

This is welcomed news especially given the current travel restrictions we are facing due to the pandemic. We have something to look forward to in 2022

MOCN Consulting remains at your disposal to answer any queries you have and we’ll definitely keep you posted with any future developments.

If you have any questions about immigration, our immigration specialist is on hand to guide you.

Happily ever after ? The battle of the Bezos' and no-fault divorce.

19/04/2019 [Image: Legal by the Bay- The Bar Association of San Francisco.]

The mother of all divorces and new U.K. rules to permit no-fault divorce

In case you’ve been hiding under a rock, Amazon founder Jeff Bezos and his wife Mackenzie divorced earlier this month after 25 years of marriage.

Many would’ve thought that Mackenzie would taken Jeff to the cleaners (given that he -allegedly- had an affair and that she’d been by his side whilst he built up Amazon) leaving her now-ex husband needing to ride a bike into work. That wasn’t the case, though the divorce settlement resulted in Ms Bezos becoming the 3rd richest woman in the world, it was fair and respectful to both spouses role in the marriage and in building the Bezos empire.

The picture we often get about divorces is that they’re what we term the 3 U’s: unfair, uncomfortable and ultrageous. However, it’s the wrong view to have. Whilst many divorcing spouses will no doubt harbour ill feeling towards each other and want to rip each other to shreds, the most important things to take into account (amongst others) are the childrens’ (if there are any) best interests and to remember that you once loved and respected each other.

Other news in the realms of divorce is that in the U.K. new rules that end the blame game and allow spouses to get a non-fault based divorce (that the marriage has irretrievably broken down) will come in to force soon. Under current rules - fault based, a spouse has to allege a fault of the other spouse i.e. one spouse adultery or unreasonable behaviour by the other for a divorce proceedings to start straight away.

Given, the recent Bezos divorce settlement and the U.K. divorce reforms, there is hope for a happy ending.

MOCN Consulting believes in helping both parties come to an amicable settlement and to make the process less acrimonious and uncomfortable than it needs to be. We believe in fighting fair and we’ll help you get what you deserve. You may not have the Bezos’ riches but you can have a similar result - one that leaves both parties satisfied.

Contact us now for advice, we’ll be happy to navigate you through the different options and offer a bespoke service.

No recourse to public funds

Southhall Black Sisters protesting against the NRPF rule. [Image: Southhall Black Sisters.]

What is no recourse to public funds?

The policy restriction, which is usually attached to the visas or leave of some migrant status in the UK, basically means that the individuals and their families cannot access various types of public financial support and funds, afforded to UK citizens or other categories of individuals who are exempt.

The Government’s reasoning for imposing the restriction is that people who seek to enter or remain in the UK are financially independent and are not/ do not become a burden on the taxpayers.

What funds are classed as public ?

The following benefits are termed public funds:

• attendance allowance

• carers allowance

• child benefit

• child tax credit

• council tax benefit

• council tax reduction

• disability living allowance

• housing and homelessness assistance

• housing benefit

• income-based jobseeker’s allowance

• income related employment & support allowance – ESA (IR)

• income support

• personal independence payment

• severe disablement allowance

• social fund payment

• state pension credit

• universal credit

• working tax credit

What funds are not ‘public funds’?

The following are not classed as public funds, meaning that the funds can be accessed:

• NHS

• Compulsory education (covers school up until the age of 18 years old. Note that for universities, the individual may be subject to fees as an international student, not a home student).

• Contribution based Jobseeker’s Allowance

• Guardian’s allowance

• Incapacity Benefit

• Contribution-based Employment and Support Allowance (ESA)

• Maternity allowance

• Retirement pension

• Statutory maternity pay

• Statutory sickness pay

• Widow’s benefit and bereavement benefit

Who does it affect?

NRPF is placed on the following migrant visas/leave or status:

• Student visas

• Work visas

• Overstayers

• Visitors

• Migrants in the UK without leave

• Joining family in the UK

• Undocumented migrant workers

Who is exempt?

Various rules and exceptions apply for nationals from the following countries who may be eligible for the public funds, due to agreements these countries have with the UK:

• EEA (European Economic Area)

• Algeria

• Macedonia

• Morocco

• San Marino

• Tunisia

• Turkey

How can the restriction be removed ?

• If one obtains indefinite leave to remain.

• Migrants who are in the UK based on Article 8 of the European Convention on Human Rights - right to private and family life, the restriction is lifted due to changed circumstances. This is done by completing a ‘change in circumstances’ form provided by the Home Office if the individual/family can provide satisfactory evidence that without recourse to public funds, they would be rendered destitute or there are now particularly compelling reasons relating to the welfare of the child/children. If the application is accepted, the individual/family will be granted access to public funds. Notably, there is no payment fee.

So, what is the Government doing during this current pandemic?

The UK Government has put in place various measures to support families and individuals who are subject to the NRPF restriction:

• Rent protections

• Job Retention Scheme

• Self-Employed Income Support Scheme

• Facilities to assist the extremely vulnerable with access to shopping and medication

• Rent and mortgage holidays

• Statutory sick pay and contributory based employment and support allowances

• Extended eligibility for free school meals to some groups who have NRPF

• Basic safety net support from local authorities, regardless of immigration status. A genuine care need that solely does not derive from destitution should be established.

Need more information and access to free services ? Visit charities such as the Citizen’s Advice Bureau or The Unity Project.

If you need help with applications for your visas or immigration status, do not hesitate to contact us. We have an expert team here to help you.