Brexit Impact on Dinesh's UK Residency

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Questions and Answers

What is the most significant factor regarding Dinesh's eligibility to remain in the UK following Brexit?

  • His employment as a banker since 2014
  • His European Health Insurance Card
  • His marriage to Adele (correct)
  • His academic qualifications from the UK

How long did Dinesh live in the UK before returning for his current employment?

  • Five months
  • Two years (correct)
  • One year
  • Three months

Which document is about to expire and is important for Dinesh's residency in the UK?

  • His Master's degree certificate
  • His employment contract
  • His Registration Certificate (correct)
  • His European Health Insurance Card

What is the possible implication of Brexit for Dinesh and Adele?

<p>They could lose their right to work in the UK (A)</p> Signup and view all the answers

What financial situation is Adele currently in regarding her employment status?

<p>Financially supported by Dinesh after leaving her job (C)</p> Signup and view all the answers

What is the primary reason Dinesh is in the UK?

<p>To pursue a Master’s degree (C)</p> Signup and view all the answers

How long did Dinesh live in France after completing his studies?

<p>Five months (B)</p> Signup and view all the answers

What document does Dinesh currently hold that is about to expire?

<p>Registration Certificate (A)</p> Signup and view all the answers

What financial support does Dinesh provide for his partner, Adele?

<p>Dinesh fully supports Adele since she left her job (B)</p> Signup and view all the answers

What is the couple concerned about regarding their status in the UK?

<p>The implications of Brexit (B)</p> Signup and view all the answers

What is one requirement Dinesh must meet under EEA law?

<p>He must demonstrate residence in the UK. (D)</p> Signup and view all the answers

Which document is necessary for Dinesh to demonstrate his identity when applying under EEA law?

<p>A valid passport. (B)</p> Signup and view all the answers

What is the maximum duration of absence from the UK that will not break the continuity of residence?

<p>Six months (A)</p> Signup and view all the answers

What option may Adele consider for staying in the UK?

<p>Seeking residency through Dinesh. (D)</p> Signup and view all the answers

What should Dinesh provide to confirm his studies in the UK?

<p>Enrolment confirmation from his university. (D)</p> Signup and view all the answers

Which document is not needed to prove residence in the UK for the last five years?

<p>Passport from a non-EEA country (B)</p> Signup and view all the answers

What is the fee for applying for a Document Certifying Permanent Residence?

<p>£65 (B)</p> Signup and view all the answers

Which document would NOT be required from Dinesh to demonstrate his employment in the UK?

<p>A signed lease agreement. (C)</p> Signup and view all the answers

Which document is required to prove that a person was a student in the UK?

<p>Enrolment letter from university (D)</p> Signup and view all the answers

What status will their child gain under UK law when born?

<p>Citizen status if Dinesh is a permanent resident. (B)</p> Signup and view all the answers

Which of the following statements is true regarding Adele's application for a Registration Certificate?

<p>She can complete the application form online or submit it by post. (C)</p> Signup and view all the answers

What is an application procedure Dinesh might need to follow when applying under EEA law?

<p>Submit his application to a government office. (B)</p> Signup and view all the answers

Which documents must Adele provide to demonstrate her relationship with Dinesh?

<p>Shared utility bills or joint bank statements. (C)</p> Signup and view all the answers

Which evidence is not needed to demonstrate one’s status as a worker in the UK?

<p>Master’s degree certificate (A)</p> Signup and view all the answers

Which of the following actions is not required for applying for a Document Certifying Permanent Residence?

<p>Providing proof of financial resources (C)</p> Signup and view all the answers

What type of identification does one need to provide when applying for a Document Certifying Permanent Residence?

<p>Valid French passport or national identity card (C)</p> Signup and view all the answers

What is Dinesh's immigration status under EEA law?

<p>He has acquired a right of permanent residence. (A)</p> Signup and view all the answers

Which application procedure is NOT applicable for Dinesh under EEA law?

<p>Application for indefinite leave to remain. (C)</p> Signup and view all the answers

What specific document must Dinesh provide to demonstrate his identity?

<p>Travel document or passport. (C)</p> Signup and view all the answers

What document is required to prove Dinesh's studies in the UK?

<p>Certificate of enrollment from educational institution. (C)</p> Signup and view all the answers

What document can Dinesh present to evidence his employment in the UK?

<p>Employer's letter confirming employment. (C)</p> Signup and view all the answers

What is the basis for Adele to stay in the UK?

<p>As a family member of a permanent resident. (B)</p> Signup and view all the answers

Which document does Adele NOT need to provide to support her application?

<p>Employment contract. (B)</p> Signup and view all the answers

What is NOT a requirement for Dinesh under EEA law?

<p>Sponsorship from a UK employer. (D)</p> Signup and view all the answers

What document does Adele need to prove her right of permanent residence?

<p>Her valid French passport (B)</p> Signup and view all the answers

What evidence of living together can Adele provide?

<p>Letters addressed to each of them at the same address (D)</p> Signup and view all the answers

If Adele's child is born in the UK, what citizenship status will the child have?

<p>British citizen (B)</p> Signup and view all the answers

What document is NOT explicitly mentioned as needed from Adele?

<p>Proof of address (D)</p> Signup and view all the answers

What is the advised approach for evidence of living together?

<p>It is recommended but not legally required. (A)</p> Signup and view all the answers

What will happen if the child is born outside the UK?

<p>The child will not gain British citizenship. (D)</p> Signup and view all the answers

What additional marks can be awarded for the letter's structure and readability?

<p>2 marks (A)</p> Signup and view all the answers

What is the maximum number of marks available for question 1?

<p>27 marks (B)</p> Signup and view all the answers

Flashcards

Dinesh's situation

Dinesh is a French national who has been living and working in the UK since January 2014. He holds a Registration Certificate that is about to expire.

Registration Certificate

Dinesh's Registration Certificate is a document that allows him to stay in the UK. It is valid for a set period of time and will soon expire.

Adele's Status

Dinesh's wife, Adele, is also a French national. They married in August 2018 and live together in the UK.

Adele's Financial Situation

Dinesh financially supports Adele, who recently left her job and is currently not working.

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Concerns about Brexit

Dinesh and Adele are worried about the impact of Brexit on their ability to stay in the UK.

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Status in the UK under EEA and UK law

The legal rights and obligations of an individual residing in a particular country, in this case, the UK, based on the EU's (European Economic Area) and UK laws.

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Options under EEA law

Various options available to an individual under the EEA law, including the right to live and work in an EEA member state, specific rights for family members, and the right to apply for permanent residence.

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Documents required for EEA law application

Documents required to establish identity, residence, studies and employment in the UK according to the EEA laws. These are essential for proving a person's eligibility to live and work in the UK.

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Documents to demonstrate identity and residence

The specific documents needed to prove an individual's identity and residency in the UK, in compliance with the EEA Regulations. Such documents should be issued by a competent authority within the EEA.

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Documents to demonstrate studies

Documents required to demonstrate education within the UK, as per the EEA laws, which might include a student visa, enrollment confirmation, or academic transcript.

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Documents to demonstrate employment

Documents required to demonstrate employment within the UK, as per the EEA laws, which might include a work permit, employment contract, or official letter from the employer.

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Basis for family member to stay in the UK

The legal basis upon which a person can reside in the UK based on their relationship with a person who has EEA rights, usually a spouse or partner. This right allows family members to accompany their EEA family member.

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Application procedure for a family member

The process by which someone applies to remain in the UK based on their family member's EEA rights, including providing required documents and meeting eligibility criteria.

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Dinesh's Immigration Status

Dinesh is a French national who has been living and working in the UK since 2014. He has a Registration Certificate, which is a document proving his right to live and work in the UK.

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Adele's Immigration Status

Dinesh's wife, Adele, is also French. They met in the UK and have been living together for 6 months. Adele is currently supported financially by Dinesh.

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Dinesh's Residency Based on Employment

Dinesh's residency status is based on his employment as a banker in the UK since 2014. His Registration Certificate (a proof of his right to live and work) is soon to expire.

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Brexit and Its Impact

Dinesh and Adele are concerned about the impact of Brexit on their lives in the UK. They are seeking advice on how they can remain after Brexit.

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Dinesh's Previous Studies

Dinesh was in the UK to pursue his Master's degree prior to his employment. This period of study may be relevant to his immigration status.

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Right of Permanent Residence

The right to live permanently in a country without needing a visa or special permission. This means Dinesh doesn't need leave to remain in the UK.

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Leave to Remain

A document issued by the UK government confirming someone's right to stay in the UK. Dinesh likely had this, showing his legal status before gaining the right of permanent residence.

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EEA Law

The laws of the European Economic Area (EEA) countries, including the UK (before Brexit). These laws relate to free movement of people between these countries.

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Right of Family Reunion

The right of a spouse or partner to join their family member in the UK under EEA law. Adele can use this right to stay in the UK.

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Application Procedure

The process of submitting documents and information to the UK government to apply for a certain immigration right, like leave to remain or family reunion. This is done to legally stay in the UK.

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Documents to Prove Identity and Residence

Official documents that prove a person's identity, such as a passport or birth certificate. It also includes proof of residence, like utility bills or bank statements.

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Documents to Prove Studies in the UK

Official documents to prove a person's studies in the UK, such as transcripts, degree certificates, or student visa documents. These documents are relevant for immigration purposes.

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Permanent Residence

The right to live permanently in a country, often granted to individuals who meet specific requirements and have resided in the country for a minimum duration.

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Document Certifying Permanent Residence

A document issued by the Home Office certifying an individual's right to live permanently in the UK.

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Continuous Residence

A period of continuous residency without exceeding a specific time limit outside the country.

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Qualified Person

An individual who holds a specific status within the EEA area, such as a worker or student, allowing them to reside in the UK.

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Family Member of an EEA National

The spouse of an EEA national who already has the right of permanent residence in the UK.

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Application Fee

A fee payable to the Home Office for processing specific immigration applications.

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Evidence of Identity and Residence

Evidence of identity and residence, such as passports, national identity cards, and proof of address.

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What's the importance of Adele's marriage certificate?

Adele's marriage certificate is a key document for proving her right to live in the UK as the spouse of someone with a right of permanent residence.

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How does Dinesh's residency affect his future child's citizenship?

Dinesh's right of permanent residence, proves he's settled in the UK, and this allows his child born in the UK to automatically be a British citizen.

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What does "settled" mean in the context of the law?

The legal term used in this context means they reside in a particular country, like the UK, with legally recognised rights and obligations.

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Why is it advisable for Dinesh to show proof of living together?

While not strictly mandatory, providing evidence of cohabitation with Adele strengthens Dinesh's case for her residency rights.

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Does a child born outside the UK automatically gain British citizenship?

A British child born outside the UK cannot automatically gain British citizenship just because their parent has permanent residence.

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What kind of evidence can be used to prove Adele and Dinesh live together?

Proof that Dinesh and Adele live together can be a mix of things like letters, bills, or shared bank accounts.

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What is the "BNA 1981"?

This act outlines how someone obtains British citizenship.

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What's the status of a child born in the UK to Dinesh and Adele?

Based on Dinesh's status, a child born in the UK will have the right to British citizenship.

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Study Notes

OISC Level 1 Assessment - November 2018

  • Assessment is scenario-based
  • Time allowed: 1 hour and 15 minutes
  • Total marks: 30
  • Maximum marks per question are shown in brackets
  • Breakdown of marks within each question is available
  • Answers should be legible, clear, and in plain English
  • Additional marks may be awarded for structure and readability (up to 2)

Question 1 (27 marks)

  • Client: Dinesh, a French national, has been employed in the UK since January 2014

  • Dinesh's Registration Certificate is expiring

  • Dinesh came to the UK in 2012 for a Master's degree, completed in August 2013. His father paid his expenses.

  • Dinesh held a valid European Health Insurance Card

  • Returned to France in December 2013 for five months

  • Returned to UK to start a new job in August 2018

  • Dinesh married Adele (French national) in August 2018

  • Couple live together in a rented one-bedroom flat

  • Adele has left her job and is financially supported by Dinesh

  • Concern about Brexit and seeking advice on staying in the UK.

  • Question 1(a): Status under EEA and UK law (2 marks)

  • Question 1(b): EEA Law Options and Procedures (5 marks)

  • Question 1(c): Documents for Dinesh's Application (4 marks)

    • Identity and residence in the UK under EEA law
    • Studies in the UK
    • Employment in the UK
  • Question 1(d): Adele's Basis for Staying in the UK (3 marks)

  • Question 1(e): Adele's Required Documents (4 marks)

Question 2 (3 marks)

  • Dinesh contacted about Adele's pregnancy, due early next year
  • Child's UK status needs clarification.
  • If child born in UK, automatically British citizen due to Dinesh's permanent resident status
  • If born outside UK, not British.

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