Are you looking to emigrate overseas?


If you wish to emigrate overseas there is a wealth of legal issues you must consider here and in your new country of residence.

What is emigration?

To emigrate is to move from one country to another for the purpose of:

  • Employment
  • Residence
  • Business
  • Marriage
  • Political asylum

It relates to the country you are currently a resident in - so it could mean bringing a relative to the United Kingdom or applying for a licence to sponsor and bring migrants to the UK as an employee.

Emigration law governs the principles surrounding this move and each country has their own rules and guidelines. The help of an emigration lawyer is necessary to advise on the practicalities of a move, and to help secure a visa or work permit. This can be a very complicated and time-consuming process, and an emigration solicitor can help speed up the process.

What issues should I consider?

Immigration issues will be relevant in almost every country you intend to emigrate to. If your intended destination is in the European Community, then your immigration issues will not be too complicated, but you will need to address them.

  • Within the European Community, workers, and some other categories of people, are allowed to move freely with their families
  • If, however, you do not intend to work, but intend to claim benefits, then you may find that you are not entitled to live in that European country and you should obtain legal advice on this matter
  • If you emigrate from England to a country outside the European Community, you may find yourself with more complex immigration issues

Other legal issues that will arise if you emigrate overseas include conveyancing issues. If you emigrate overseas and wish to purchase property, you will need the assistance of a conveyancing solicitor; you will also need the help of a conveyancing solicitor to assist with selling your property in the UK.

If you emigrate overseas you will also need to consider what will happen with your property when you die. You may need to make a new will which specifies the changes in ownership of property and you may need to make that will in the country in which you have chosen to reside.

How can an emigration lawyer help?

An emigration lawyer will help you complete all the required paperwork and make you aware of all the various factors to consider when making the decision to emigrate, including your rights and whether you’re an EU or non-EU national.

Documents need to be completed carefully as even the slightest of errors can lead to an application being refused. Timing is vital - applications are often turned down based on the fact that the country has filled their emigration quotas.

If you choose to emigrate it is important to appoint an immigration solicitor who has experience with helping people move to your country of choice as each country’s legislation is different. This can make the difference between your application being rejected, or obtaining approval, particularly as officials have no obligation to explain any refusal to an application.

Have more unanswered questions? See our FAQ about emigration for more information.

Are you planning to emigrate overseas? Are you trying to emigrate to the UK? Caven works with specialist immigration solicitors who are expert at advising on emigrating to different countries, including the US, Canada and Australia to name a few. Please call us on 0808 129 5772 or complete the web-form above.

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