08 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Big changes to continuous residence rule for ILR applicants
As a reminder of our last week's notification about the changes to continuous residence rule for ILR applicants, we are now explaining the changes in greater details.
The current test for assessing continuous residence is in paragraph 245AAA(a)(i) of Part 6A of the Immigration Rules. This states that an applicant for ILR must not have been absent from the UK for a period of 180 days or more in any of the five 12-month periods preceding the date of the application.
In practice, this means that if someone is applying for ILR on 10 January 2018, they have to count back 365 days to 11 January 2017 to check that they have not exceeded the 180-day limit in that period, and so on until the start of their five years’ residence in the UK.
From 11 January 2018, the wording of the rule is going to change so that an applicant for ILR must not be absent for more than 180 days during any 12-month period over the five years.
The difference is subtle but significant. It will mean that an application for ILR could be refused if at any point over the five years the 180-day limit is exceeded in any 12-month period. Absences are calculated on a rolling basis, instead of in fixed blocks.
09 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> The rights of the EEA citizens and their family members after Brexit, as defined by the UK Government at this stage
On the 8 December the British Government reached an agreement with the EU which gives some more clarity about the status of EU nationals following Brexit. The agreement so far is limited to EU nationals who arrive in the UK before the “specified date” of 29 March 2019.
People who, by 29 March 2019, have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means they will be free to live here, have access to public funds and services and go on to apply for British citizenship.
People who arrive by 29 March 2019, but won’t have been living here lawfully for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5-year threshold. They can then also apply for settled status
Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will also be able to apply for settled status, usually after 5 years in the UK
Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019
More likely, applicants will be asked to provide proof of their exercise of treaty rights (e.g. evidence of work) and not just evidence they they simply resided in the UK. For those who do not have this evidence, the situation may be critical, as the UK BA is yet to come with a decision about EEA national.
10 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> UK BA's clarification about the shares, held by the Tier 1 Entrepreneur Team members
The new rules coming into force from 11 January amend that paragraph to say: ‘The applicants have equal level of control over the funds and (where relevant) equal status as owners, directors and/or members of the business or businesses in question.’
The UK BA explains that “It is the level of control which is important. The rule is intended to exclude applicants who are very much the “junior partner” tagging along as the team member of the main entrepreneur. As long as both applicants are owners, directors and/or members, and have equal control of the funds, then the rule is satisfied.”.
12 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Updated UK Visas and Immigration Guidance (11 January 2018)
This is the full guidance on UK Visas and Immigration's policy on visa applications under Tier 1 (Exceptional Talent).
Use this guidance if you are applying for an initial visa or a visa extension under Tier 1 (Exceptional Talent) and you want to understand the details of the policy for this immigration category.
15 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Court of Appeal stomps on human rights appeals for visitors
16 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Owing debt to the NHS that prevents you from lodging a UK Visa application ?
If you owe certain debt to the NHS (usually thousands of ££££ following the use of the NHS while on a visitor's visa or even unlawfully), you may come to an agreement with the hospital to pay the debt off monthly. When lodging your immigration application then you may ask the UK BA to exercise their discretion favorably.
17 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Dealing with the post-Sala type of the extended family member application refusals ?
It may be the case when the First Tier Tribunal (FTT) judge may misguide himself and made a decision that there is no valid appeal under 2016 Regs. Should it be the case, then the appellant may ask the the FTT to review the decision. One may be tempted to lodge a Judicial Review (JR) instead, yet the JR may not be a competent remedy as one now knows that technically there is an alternative remedy.
>>> A definition of a “parent” unde the UK Immigration Rules
“A parent” is defined in the interpretation section of the Rules as:
“a parent” includes
…
(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);
The relevance to this Rule may be helpful when, for example, a PBS applicant intends to bring an adopted child with him/her into the UK
Главное изменение - в форме SETO теперь нужно указывать отсутствия и для членов семьи главного заявителя, а не только для гавного заявителя, как было раньше.
18 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> Updated UK Visas and immigration Guidance (17 January 2018)
UK Visas and Immigration guidance on considering applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse clearance to enter or remain.
This document is used by UK Visas and Immigration to consider applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse leave to enter or variation of leave to enter on general grounds.
22 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
>>> The EU Court of Justice faced with a Schengen Conundrum: an expulsion order in one Member State to a third country national with a valid residence permit in another Member State. The case of C-240/17 E 16 January 2018
This is a very interesting, if rather complex case. Three things are worth noting from it. First, as the Court has done in the case of the Dublin III Regulation, it has found that administrative provisions of regulations which govern what states are supposed to do with people produce legal effects on which the affected people may rely. The individual can rely on EU law even where it is written in terms of inter-state procedures. The requirement is the same as that for direct effect – the provision must be clear, precise and unconditional. Secondly, the Court gives priority to the residence permit which has not been withdrawn over the expulsion decision and re-entry ban. So long as a Member State does nothing to withdrawn a residence permit, another Member State cannot expel outside the Union the third country national (but possibly can oblige him or her to go to the Member State which issued the residence permit). It does not matter that the Member State which issued the residence permit has failed to comply with the rules. Thirdly, the complex intersection of CISA, an agreement among Member States originally outside the scope of EU law and only integrated in an incomplete manner by the Amsterdam Treaty in 1999, and EU law proper – the regulations and directives – moves in the direction that the EU adopted measures are gradually replacing the provisions of CISA. There is no ‘backward’ movement whereby Member States can ‘recover’ flexibility under CISA which has been ruled out by subsequent EU law provisions.
24 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923
Особо важная или интересная информация выделеноа красным цветом
The guidance on calculating the 5 year continuous period in the UK requirement for an applicant has been updated fIn the PBS dependents section the guidance stated that absences would be counted for dependents with leave granted from 2 October 2017 . The guidance has now been updated to include the correct date of the 11 January 2018.
>>> UK Visitor Visa vs EEA Family Permit for your parents if you are a visa national who is married to an EEA national
I you are a visa national married to an EEA national and you wish to invite your visa national parents to the UK, the EEA Family Permit Route may be of interest to you. In this case your parents can come to the UK under the Immigration (EEA) Regulations 2016 if the parents are dependant on your EEA spouse. In this case case the parents are direct family members within the Regulation7(b)(ii). If one has the documentation to support the dependency, then pne may consider lodging the EEA Family Permit application as it is extremely difficult these days to get a visit visa application approved. If the dependency evidence is not there, then the one may nee to go for the visit visa.
>>> Can a single parent visa national living with a British child outside of the UK return to live in the UK ?
Apparently it is possible under the ‘parent‘ route under the Appending FM and a derivative right of admission under the EEA Regulations on the Ruiz Zambrano grounds.
Moreover, the Regulation 11(5)(a) of the Immigration (EEA) Regulation 2016, the Ruiz Zambrano right of admission, does not require the child to live in the EU but only to be a British Citizen. One may also argue that there are paras of the Appendix FM - GEN.1.3.,3.2. And 3.2 - which allow an application to be made by the parent of a British Citizen to bring the child to the UK even if they do not meet all the requirements, where the resulting refusal would be unduly harsh.
>>> Returning from outside the UK to challenge deprivation of citizenship
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim order requiring the Secretary of State to facilitate return?
In R (W2 and IA) v Secretary of State for the Home Department [2017] EWCA Civ 2146, the Court of Appeal concluded no, judicial review is not the correct approach. SIAC has the power to adjudicate a refusal of leave to enter in the course of an appeal, and therefore provides an adequate alternative remedy to judicial review.
>>> Settlement refusal overturned after failure to consider mental health evidence
Should the Home Office read all of the supporting evidence sent in with an application?
The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the claimant, Marie Gayle, and whether the decision to refuse to grant her indefinite leave to remain outside the rules was lawfully reached.
In the recent case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker.
01 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Updated UK Visas and Immigration Guidance
Появилась форма для исправления ошибок в натурализационных сертификатах
02 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Изменения типа заявления после подачи заявления в UK BA и т.п.
Guidance on application forms and procedures for immigration applications and claims.
>>> Tier 2: chefs at restaurants with a take-away service not eligible
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot offer employment to chefs under the Tier 2 skilled worker route.
06 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> A Conditional Discharge is not a conviction – the case of Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC)
Повышается госпошлина за NHS Sucharge - с £200 до £400 в год.
Plans to double the immigration health surcharge may provide an extra £220m a year to the NHS.
The government plans to double the immigration health surcharge paid by temporary migrants to the UK.
The surcharge will rise from £200 to £400 per year. The discounted rate for students and those on the Youth Mobility Scheme will increase from £150 to £300.
The annual charge is paid by people from outside the European Economic Area (EEA) who are seeking to live in the UK for 6 months or more to work, study or join family.
The Department of Health and Social Care (DHSC) estimates that the NHS spends £470 on average per person per year on treating surcharge payers. Projections suggest that the increased charges may provide around £220m extra every year, with this money going to NHS services.
07 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Важные грядущие изменения в работе UK BA
>>> Important notes from the meetings with the UK BA Business and Immigration Committee – upcoming changes in the way the UK BA will be operating:
UKVI international operational update
Most of the Points Based System (PBS) out of country applications - 98% - are decided within the 15 days with the current performance being as follows :
-PBS employment routes, majority of priority cases being handled within 5 days;
-Majority of standard T1/2/5 cases being handled within 12 days;
-Approximately 150 cases are currently taking longer than that;
-Majority of Tier 4 Priority cases decided in 4 days. Standard (non-complex) cases decided within 10 days
Brexit update
-The document on Citizens rights, published in June 2017 is currently under negotiation;
-The intention is that EU citizens resident for over five years have a light touch process in place to convert to Indefinite Leave to Remain. This will take a simple, digital approach;
-The process will of course need to consider criminality and fraud aspects of any application;
-UKVI are exploring new ways to bring core data from different sources together to make the application process as easy as it can be;
-EU nationals resident less than 5 years will be eligible to stay in the UK providing they arrived prior to a cut off date yet to be agreed with the EU;
-Rules for family members, export of benefits and mutual recognition of professional qualifications remain under discussion.
and
-A white paper will set out proposals and is likely to be published shortly;
-EU Regulations are likely to remain as they are throughout any implementation period;
-The Migration Advisory Committee (MAC) is due to report in September 2018 on the economic considerations;
-An Immigration Bill to be introduced early next year which will set the framework, with secondary legislation to complete the details as negotiations and the feedback from HMG/MAC publications take effect.
In-Country Update
-Sponsorship operations are continue to process pre-licence applications within 28 days;
-Premium services for sponsors are currently running at well below capacity;
-Compliance activity is being improved by providing sector specific training so compliance officers have a better understanding of the sectors they work within;
-71% of targeted compliance visits resulted in an outcome, usually around record keeping practises;
-Currently 87 premium sponsors with some additional household names expected to sign up; and
-Tier 4 account management function has 184 sponsors and handled 13000 queries between July and August 2017.
and
-Tier 4 surge in country was delivered ahead of schedule and was able to lend some resource to Entry Clearance operations;
-Tier 4 postal priority cases are being turned around within 3 days;
-Online forms being introduced for settlement;
-Automated biometric enrolment letters have been launched to various routes including some family routes;
-EU cases remain within the 6 months target;
-Further resource is being flexed to ensure this remains the case;
-95% of EU applications are now made online; and
-90% of Administrative Reviews are completed within 28 days.
Transformation
-The UK BA will become entirely digital at the front end in terms of application processes with assisted digital services for those who are less able to access;
-The Premium Service Centre network will be replaced with a commercial provider capable of offering modern, comfortable settings with premium services;
-Commercial providers will be allowed and encouraged to innovate and develop new technology to help customers interact with the visa system as well as offer premium services for customer comfort and convenience;
-The new contract will replace several contracts with different providers with a single contract;
-Complex human rights routes and vulnerable individuals will still have access to UKVI staff via a network of reporting centres;
-The UK BA is currently conducting Data sharing trials with HMRC to secure applicant data directly from source rather than asking the customer to supply. This is under our Application Programme Interface (API) project;
-The long term vision being that the UK BA will be able to reduce the requirement for documents by checking data at source. Eventually the system will be able to check the data needed for the application automatically and advise the applicant whether they need to submit any documents at all from the comfort of their own home.
And the overseas perspective
-From spring 2018 UKVI will trial self-enrolment biometric technology in Visa Application Centres (VAC), which will allow applicants to enrol their biometrics independently of an operator The stage following this will be to trial kiosks outside of the VAC at remote locations (e.g. travel agents);
-Biometric re-use work continue where customers are automatically matched with their existing record so they do not need to re-enrol again;
-A pilot of technology allowing applicants to upload and index their own documents will start in Spring 2018;
-UKVI is working with commercial partners to improve how the documents are scanned and reaffirmed that UKVI are committed to making the application process as digital, self serving and accessible as possible.
Digital Permissions Pilot
-The work is being undertaken towards introducing an electronic visa (e-visa) to replace the existing paper vignette that is currently manually inserted in a passport. This builds on the transformation work and already in place where much of the visa application process is increasingly digitised. It will bring a number of benefits including the opportunity to improve the customer experience by further modernising processes, making them faster and more efficient for the customer while also strengthening of the security of the visa process itself.
Although the concept itself is quite a simple one, its introduction is less so due to the many touch points through the full span of the customer journey (from receipt of a visa, travelling to the UK, crossing the border and when in the UK) where the vignette plays a role. The UK BA needs to understand the impact of an electronic permission at each of these touch points. As a part of this process the UK BA plans a number of trials to understand the issues in more detail and to test different aspects arising at the different stages.
As a first step, the UK BA has a small trial in place with a handful of US Tier 4 students who will travel to the UK with both an e-visa and a vignette over the coming months. This will help the UK BA validate their understanding of some of the key concepts. The UK BA will look to develop further trials with different groups which might include different visa types, such as Tier 2 visa holders, and different demographic and cultural groups) to test the requirements of the change.
Premium Services Review
These services mostly focus on quicker and more convenient border crossings and include services like Registered Traveller, Fast Track and general aviation services for small airports. These services have traditionally been developed in isolation of other Home Office departments but Border Force have more recently started working with UKVI, DIT and DCMS to develop feedback and market insight which will lead in to more joined up products. Current pilots being considered include:
-Group travel pilot to join up visa applications with border crossings for tourist groups
-Sponsor subscription service for access to e-gates or similar
10 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Изменение имени в иммиграционных документах. Процедуры.
“Applying this to the educational context, there again appears to be a lack of specific legal power by the UKBA to prevent a failed asylum seeker from studying even if technically he/ she may no longer have a right to be in the UK. In addition, the right to education is a specific human right under the ECHR whereas there is no equivalent for volunteering.”
13 February 2018 – Useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Can someone holding a valid Visa A return to the Home Country, re-apply for Visa B and, if the Visa B is refused, return to the UK with the Visa A ?
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Обновились иммиграционные формы для натурализации; обновился Guidance для PBS Dependents
It seems that the UK BA keeps updating their Guidance Notes on monthly basis now:
UK Visas and Immigration guidance on considering applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse clearance to enter or remain.
16 February 2018 – Read the reviews about our assistance to immigrants and their families like your here: https://legalcentre.org/reviews.php
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Is your BRP ID card about to expire ? Application for a replacement biometric residence permit: BRP(RC)
19 February 2018 – Read the reviews about our assistance to immigrants and their families like your here: https://legalcentre.org/reviews.php
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Who needs and who does not need to pass the English language test ?
>>> UK Spouse visa, the divorce and a new marriage in-country : one the applicant in this case will be able to apply for Settlement in the UK ?
“A” came to the UK as a spouse of a British citizen and after few months they had issues and got divorced. After the divorce “A” married another British citizen and after the initial 30 months “A” applied for further leave to remain with the second husband and it was granted an extension for another 30 months.
“In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant’s partner is the same person as the applicant’s partner for the previous period of limited leave shall be taken into account.”
So “A” will have to be in the UK for a continued period of 5 years from the leave granted under the second marriage in order to qualify for Settlement in the UK.
20 February 2018 – Read the reviews about our assistance to immigrants and their families like your here: https://legalcentre.org/reviews.php
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Решение суда - нельзя (!!!) полагаться а совет UK BA по телефону; неприятные новости для граждан EU
Immigration applicants cannot rely on telephone calls with Home Office operators, the Upper Tribunal has held in the case of R (on the application of Zia and Another) v Secretary of State for the Home Department IJR [2015] UKUT 191 (IAC).
The application was a Tier 1 Entrepreneur application where the applicants’ bank refused to issue a letter that was required by Home Office rules. This meant that the application could not succeed under the Immigration Rules. The problem is not uncommon: civil servants at the Home Office have invented a number of requirements with which some banks are simply unwilling to comply.
The applicants telephoned the Home Office several times to ask what to do. The calls must have been recorded as transcripts were presented to the tribunal. Conflicting advice had been given by different operators on different occasions. Anyone with experience of calling the Home Office helpline will be familiar with this problem.
On the facts of the case the tribunal held that no legitimate expectation was created: the promise was either non existent or was ambiguous and the applicants had not disclosed earlier advice to the telephone operator who gave the “promise”.
Upper Tribunal Judge Southern seems to go on, unnecessarily in the circumstances, to hold that legitimate expectation cannot override the requirements of the Immigration Rules. He finds that the telephone operator concerned, Wayne, did not have the authority to give any promise and continues:
“Finally, there is a strong public interest in the outcome of such applications being decided in a consistent and predictable way, in line with the clear statement of policy as set out in the Immigration Rule applicable.”
The suggestion that legitimate expectation basically does not exist in immigration cases is a controversial finding and should not necessarily be considered a bar in other cases. The facts of this case were very difficult for the applicants and legitimate expectation has been accepted in other cases.
>>> The rights of EU nationals in the UK post-Brexit – the pessimistic prediction seems to emerge
The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what kind of residence would be required to qualify for the new category of “settled status”.
After the release of the government’s technical note in November 2017, and the joint report from the EU and UK negotiating teams the following month, it now seems that “residence” means residence in accordance with the conditions in Directive 2004/38/EC.
That, in a broad sense, means that the so-called “simplified” process for the EU citizens after Brexit is unlikely to happen, that there likely to be the same requirements as currently are in the Regulations, meaning that a number of EU nationals may not be prepared and may meet the relevant requirements under the Rules after Brexit. The point ? Do it now, or it may be too late. We are here to help: www.legalcentre.org
>>> Visa cap for skilled non-EU workers hit for third month running
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third time in a row.
A couple of days ago, the Home Office sent out hundreds of emails to UK businesses that have been waiting for the outcome of the February restricted certificate of sponsorship round. A restricted certificate of sponsorship is needed to support a visa application for most highly skilled non-EU workers coming to the UK.
It’s not good news.
For the third month in a row, and for only the fourth time since a quota was introduced in April 2011, the cap has been hit. This means that many highly skilled workers from outside the EU will be unable to take up their posts, at least until the number of applications starts to fall away (if they can hold out that long) or there is a change in the government’s approach.
From the information the colleagues have been receiving, it is starting to look like the threshold for rejection could be around the Ј50K mark. Initially it was thought that December and January were just blips. Now it’s starting to feel like this could be a long-term issue.
The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March.
No, is the short answer.
In addition, and in probably the least surprising aspect of a highly critical report, Brexit is unlikely to have a positive impact on the rest of the Home Office decision-making apparatus.
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>>> WRS Registration and unregistered work – good news
In light of the Court of Appeal decision in Gubeladze, ‘With immediate effect any unregistered work from 2009-11 will count towards the 5 years needed to acquire permanent residence’ and the UK BA it will update their guidance on this point in due course.”.
Updated UK Visas and Immigration Guidance (21 February 2018)
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EU citizens already living in the UK are opting for British citizenship at record levels this morning’s quarterly immigration statistics from the Home Office and Office for National Statistics confirm.
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>>> The number of endorsements on the Tier 1 Exceptional Talent has doubled
>>> The switching from Tier 4 to Tier 2 is now possible after completion of the course rather than the graduation
>>> The NHS Surcharge will be increased from £200 (£150) to £400 (£300). No clear date has been announced by the UK BA.
>>> The Immigration White Paper has been delayed until October 2018.
>>> Have you got the Indefinite Leave to Enter (ILE) sticker in your passports ? You may need to change it for the plastic Settlement BRP card
Despite the ILR being the equivalent to ILR, the ILE holders now need to satisfy the new employers and obtain the new Settlement BRP ID card
>>> Have you got a pending immigration appeal, which you intend to withdraw and lodged a fresh immigration application via the same day premium service application ?
If it is the case, note that the “S.3C(4) of the Immigration Act 1971 prohibits an application for leave to remain that is made on the same day as, and even if said to be simultaneous with, the applicant’s withdrawal of his appeal before the First-tier Tribunal (Immigration and Asylum Chamber). “
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“32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
1. (a) from a provider which is no longer approved, or
2. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
3. (c) from a test centre which is no longer approved, or
4. (d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
1. (i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
2. (ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix. ”
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>>> UK BA Sponsor licence applications - Mandatory UK business bank account evidence required
As confirmed by the UK BA, the UK BA Sponsor Licensing Unit will not accept an overseas bank account from corporate companies, even if a covering letter is provided to state why they are doing so.
The companies will need to provide evidence of a UK Bank account, when making the Licence application.
>>> Is it possible to complaint about the Home Office to an Ombudsman without having to be referred from one's Member of Parliament (MP) ?
“By law, we can only look at complaints about UK government departments and other UK public organisations if a Member of Parliament (MP) refers the complaint to us. You can complete our complaint form and ask an MP or their office to sign it.
MPs will consider all complaints, no matter how big or small – from problems with a benefit or tax office to concerns you have about the DVLA or an immigration issue.
You can find MPs’ contact details at parliament.uk”
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Tribunal returns to issue of failed payments and invalid immigration applications
Following on from Basnet (validity of application – respondent) [2012] UKUT 113 (IAC) (President Blake) and Mitchell (Basnet revisited) [2015] UKUT 562 (IAC) (Deputy President Ockleton) we now have Ahmed & Ors (valid application – burden of proof) [2018] UKUT 53 (IAC) (President Lane). All three cases concern the effect of an alleged failed payment when making an immigration application.
Although the rules have softened in recent years, at one time a failure in the payment — which might be caused by applicant error or by error in processing by the Home Office — led to an invalid application which in turn meant the applicant being an unlawful overstayer.
The official headnote:
“(1) Central to the analysis in Basnet (validity of application – respondent) [2012] UKUT 113 (IAC) is the existence of a further procedure undertaken by the Secretary of State in order to process payment in relation to which applicants are not privy and over which they have no control. As such, it remains appropriate for her to bear the burden of proof.
(2) The fact that an invalidity decision was not immediately challenged may be relevant in determining whether the legal burden, including an initial evidential burden requiring the Secretary of State to raise sufficient evidence to support her invalidity allegation, has been discharged.
(3) Whether the Secretary of State ultimately discharges the legal burden of proof will depend on the nature and quality of evidence she is able to provide, having regard to the timing of any request for payment details and the reasons for any delay, balanced against any rebuttal evidence produced by an appellant.”
The appeal was allowed as the appellants had consistently asserted they had provided valid payment details.
This case was determined under the old appeal regime pre-dating the Immigration Act 2014. These types of argument would be very difficult to run under the new appeals system. Which was perhaps why the Home Office changed the system.
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Интересная текущая статистика по количеству пойманных нелегалов на работе и штрафах работодателей (сотни тысяч фунтов !)
Комментарии
>>> Big changes to continuous residence rule for ILR applicants
As a reminder of our last week's notification about the changes to continuous residence rule for ILR applicants, we are now explaining the changes in greater details.
The current test for assessing continuous residence is in paragraph 245AAA(a)(i) of Part 6A of the Immigration Rules. This states that an applicant for ILR must not have been absent from the UK for a period of 180 days or more in any of the five 12-month periods preceding the date of the application.
In practice, this means that if someone is applying for ILR on 10 January 2018, they have to count back 365 days to 11 January 2017 to check that they have not exceeded the 180-day limit in that period, and so on until the start of their five years’ residence in the UK.
From 11 January 2018, the wording of the rule is going to change so that an applicant for ILR must not be absent for more than 180 days during any 12-month period over the five years.
The difference is subtle but significant. It will mean that an application for ILR could be refused if at any point over the five years the 180-day limit is exceeded in any 12-month period. Absences are calculated on a rolling basis, instead of in fixed blocks.
>>> The rights of the EEA citizens and their family members after Brexit, as defined by the UK Government at this stage
On the 8 December the British Government reached an agreement with the EU which gives some more clarity about the status of EU nationals following Brexit. The agreement so far is limited to EU nationals who arrive in the UK before the “specified date” of 29 March 2019.
People who, by 29 March 2019, have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means they will be free to live here, have access to public funds and services and go on to apply for British citizenship.
People who arrive by 29 March 2019, but won’t have been living here lawfully for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5-year threshold. They can then also apply for settled status
Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will also be able to apply for settled status, usually after 5 years in the UK
Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019
More likely, applicants will be asked to provide proof of their exercise of treaty rights (e.g. evidence of work) and not just evidence they they simply resided in the UK. For those who do not have this evidence, the situation may be critical, as the UK BA is yet to come with a decision about EEA national.
>>> UK BA's clarification about the shares, held by the Tier 1 Entrepreneur Team members
The new rules coming into force from 11 January amend that paragraph to say: ‘The applicants have equal level of control over the funds and (where relevant) equal status as owners, directors and/or members of the business or businesses in question.’
The UK BA explains that “It is the level of control which is important. The rule is intended to exclude applicants who are very much the “junior partner” tagging along as the team member of the main entrepreneur. As long as both applicants are owners, directors and/or members, and have equal control of the funds, then the rule is satisfied.”.
>>> Updated UK Visas and Immigration Guidance (11 January 2018)
- UK Visas and Immigration Guidance: Dependants of part 5 migrants (11 January 2018): https://www.gov.uk/government/publications/dependants-of-part-5-migrants
Modernised guidance for how UK Visas and Immigration considers applications from dependants of part 5 migrants
- UK Visas and Immigration Guidance: Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5) (11 January 2018): https://www.gov.uk/government/publications/guidance-for-dependants-of-uk-visa-applicants-tiers-1-2-4-5
Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants).
- UK Visas and Immigration guidance - Guidance on policy for UK visas under Tier 1 (Exceptional Talent) (11 January 2018): https://www.gov.uk/government/publications/guidance-on-policy-for-uk-visas-under-tier-1-exceptional-talent
This is the full guidance on UK Visas and Immigration's policy on visa applications under Tier 1 (Exceptional Talent).
Use this guidance if you are applying for an initial visa or a visa extension under Tier 1 (Exceptional Talent) and you want to understand the details of the policy for this immigration category.
- UK Visas and Immigration Guidance - Points-based system: Tier 1 (Entrepreneur) (11 January 2018): https://www.gov.uk/government/publications/points-based-system-tier-1-entrepreneur
Guidance for how UK Visas and Immigration considers applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS).
- UK Visas and Immigration form - Application to extend your stay in the UK as a Tier 1 Entrepreneur (11 January 2018): https://www.gov.uk/government/publications/application-extend-your-stay-in-the-uk-as-a-tier-1-entrepreneur
Form to extend your existing visa under Tier 1 (Entrepreneur) or to switch into it from another immigration category
- UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): https://www.gov.uk/government/publications/points-based-system-tier-1-investor
Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.
- UK Visas and Immigration Guidance - Sponsor a Tier 2 or 5 worker: Guidance for employers (11 January 2018): https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers
Guide on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor a migrant worker.
- UK Visas and Immigration Guidance - Sponsor guidance appendix A: supporting documents for sponsor applications (11 January 2018): https://www.gov.uk/government/publications/supporting-documents-for-sponsor-applications-appendix-a
List of documents that businesses and universities must provide with an application for a Tier 2, 4 or 5 sponsor licence
- UK Visas and Immigration Guidance - Guidance on application for UK visa as Tier 2 worker (11 January 2018): https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-2-worker
Guidance to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.
- UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): https://www.gov.uk/government/publications/points-based-system-tier-1-investor
Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.
>>> Court of Appeal stomps on human rights appeals for visitors
In three notionally separate but transparently linked judgments the Court of Appeal last year stomped all over the idea of visitors to the UK being able to appeal visa refusals on human rights grounds. The judgments not only severely curtail the possibility of human rights appeals in visit cases but also, because the statutory right of appeal in general later followed the lead set by visit appeals, have wider implications for all immigration appeals. See http://www.bailii.org/ew/cases/EWCA/Civ/2017/1393.html, http://www.bailii.org/ew/cases/EWCA/Civ/2017/1511.html and http://www.bailii.org/ew/cases/EWCA/Civ/2017/1757.html
>>> Long residence and private life resources—overview: https://www.lexisnexis.com/uk/lexispsl/immi...ources_overview
>>> The NHS is interfering with immigrants' visa applications if they don’t pay up their hospital debts: http://www.independent.co.uk/voices/nhs-im...s-a7672006.html
Just a reminder that the facts mentioned in the link above are still valid today, so be warned !
See further helpful information below.
>>> NHS maternity care for women from abroad (in England): https://www.maternityaction.org.uk/advice-2...en-from-abroad/
>>> Owing debt to the NHS that prevents you from lodging a UK Visa application ?
If you owe certain debt to the NHS (usually thousands of ££££ following the use of the NHS while on a visitor's visa or even unlawfully), you may come to an agreement with the hospital to pay the debt off monthly. When lodging your immigration application then you may ask the UK BA to exercise their discretion favorably.
>>> Dealing with the post-Sala type of the extended family member application refusals ?
It may be the case when the First Tier Tribunal (FTT) judge may misguide himself and made a decision that there is no valid appeal under 2016 Regs. Should it be the case, then the appellant may ask the the FTT to review the decision. One may be tempted to lodge a Judicial Review (JR) instead, yet the JR may not be a competent remedy as one now knows that technically there is an alternative remedy.
>>> A definition of a “parent” unde the UK Immigration Rules
“A parent” is defined in the interpretation section of the Rules as:
“a parent” includes
…
(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);
The relevance to this Rule may be helpful when, for example, a PBS applicant intends to bring an adopted child with him/her into the UK
Форма стала больше, теперь в ней 86 страниц.
Главное изменение - в форме SETO теперь нужно указывать отсутствия и для членов семьи главного заявителя, а не только для гавного заявителя, как было раньше.
Я на связи здесь, если есть вопросы : https://legalcentre.org/Konsultacija-s-Advokatom.html
>>> Updated UK Visas and immigration Guidance (17 January 2018)
- UK Visas and Immigration Guidance: Guidance on application for UK visa as Tier 1 (Entrepreneur) (15 January 2018) : https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-entrepreneur
Guidance to apply to come to the UK as a Tier 1 (Entrepreneur) or to extend your stay.
- UK Visas and Immigration Guidance: Guidance on application for UK visa as Tier 1 Investor (15 January 2018) : https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-1-investor
Guidance to apply to come to the UK as a Tier 1 (Investor) or to extend your stay.
- UK Visas and Immigration - General grounds for refusal: considering entry clearance (15 January 2018) : https://www.gov.uk/government/publications/general-grounds-for-refusal-considering-entry-clearance
UK Visas and Immigration guidance on considering applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse clearance to enter or remain.
- UK Visas and Immigration Guidance General grounds for refusal: considering entry at UK port (15 January 2018) : https://www.gov.uk/government/publications/general-grounds-for-refusal-considering-entry-at-uk-port
This document is used by UK Visas and Immigration to consider applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse leave to enter or variation of leave to enter on general grounds.
- UK Visas and Immigration Guidance - General ground for refusal: considering leave to remove (15 January 2018) : https://www.gov.uk/government/publications/general-grounds-for-refusal-considering-leave-to-remain
Section 4 of the general grounds for refusal that UK Visas and Immigration use.
- UK Visas and Immigration Guidance - General grounds for refusal: refusing and refusal wording (15 January 2018) : https://www.gov.uk/government/publications/general-grounds-for-refusal-refusing-and-refusal-wording
Section 5 of the general grounds for refusal used by UK Visas and Immigration.
- Report on review of cash allowance paid to asylum seekers:
https://www.gov.uk/government/publications/report-on-review-of-cash-allowance-paid-to-asylum-seekers
- UK Visas and Immigration Form: Application for Secretary of State for immigration bail (15 January 2018) : https://www.gov.uk/government/publications/application-for-secretary-of-state-immigration-bail
Form for detainees to make an application to the Secretary of State to be released on bail.
- UK Visas and Immigration Guidance: Offender management (15 January 2018) : https://www.gov.uk/government/publications/offender-management
Guidance on immigration offender management for officers dealing with enforcement immigration matters within the UK.
>>> The EU Court of Justice faced with a Schengen Conundrum: an expulsion order in one Member State to a third country national with a valid residence permit in another Member State. The case of C-240/17 E 16 January 2018
This is a very interesting, if rather complex case. Three things are worth noting from it. First, as the Court has done in the case of the Dublin III Regulation, it has found that administrative provisions of regulations which govern what states are supposed to do with people produce legal effects on which the affected people may rely. The individual can rely on EU law even where it is written in terms of inter-state procedures. The requirement is the same as that for direct effect – the provision must be clear, precise and unconditional. Secondly, the Court gives priority to the residence permit which has not been withdrawn over the expulsion decision and re-entry ban. So long as a Member State does nothing to withdrawn a residence permit, another Member State cannot expel outside the Union the third country national (but possibly can oblige him or her to go to the Member State which issued the residence permit). It does not matter that the Member State which issued the residence permit has failed to comply with the rules. Thirdly, the complex intersection of CISA, an agreement among Member States originally outside the scope of EU law and only integrated in an incomplete manner by the Amsterdam Treaty in 1999, and EU law proper – the regulations and directives – moves in the direction that the EU adopted measures are gradually replacing the provisions of CISA. There is no ‘backward’ movement whereby Member States can ‘recover’ flexibility under CISA which has been ruled out by subsequent EU law provisions.
Особо важная или интересная информация выделеноа красным цветом
>>> Updated guidance "Indefinite Leave to Remain: calculating continuous period in the UK" - 24 January 2018: https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk
The guidance on calculating the 5 year continuous period in the UK requirement for an applicant has been updated fIn the PBS dependents section the guidance stated that absences would be counted for dependents with leave granted from 2 October 2017 . The guidance has now been updated to include the correct date of the 11 January 2018.
>>> UK Visitor Visa vs EEA Family Permit for your parents if you are a visa national who is married to an EEA national
I you are a visa national married to an EEA national and you wish to invite your visa national parents to the UK, the EEA Family Permit Route may be of interest to you. In this case your parents can come to the UK under the Immigration (EEA) Regulations 2016 if the parents are dependant on your EEA spouse. In this case case the parents are direct family members within the Regulation7(b)(ii). If one has the documentation to support the dependency, then pne may consider lodging the EEA Family Permit application as it is extremely difficult these days to get a visit visa application approved. If the dependency evidence is not there, then the one may nee to go for the visit visa.
>>> Can a single parent visa national living with a British child outside of the UK return to live in the UK ?
Apparently it is possible under the ‘parent‘ route under the Appending FM and a derivative right of admission under the EEA Regulations on the Ruiz Zambrano grounds.
Moreover, the Regulation 11(5)(a) of the Immigration (EEA) Regulation 2016, the Ruiz Zambrano right of admission, does not require the child to live in the EU but only to be a British Citizen. One may also argue that there are paras of the Appendix FM - GEN.1.3.,3.2. And 3.2 - which allow an application to be made by the parent of a British Citizen to bring the child to the UK even if they do not meet all the requirements, where the resulting refusal would be unduly harsh.
>>> Returning from outside the UK to challenge deprivation of citizenship
What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim order requiring the Secretary of State to facilitate return?
In R (W2 and IA) v Secretary of State for the Home Department [2017] EWCA Civ 2146, the Court of Appeal concluded no, judicial review is not the correct approach. SIAC has the power to adjudicate a refusal of leave to enter in the course of an appeal, and therefore provides an adequate alternative remedy to judicial review.
>>> Settlement refusal overturned after failure to consider mental health evidence
Should the Home Office read all of the supporting evidence sent in with an application?
The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the claimant, Marie Gayle, and whether the decision to refuse to grant her indefinite leave to remain outside the rules was lawfully reached.
>>> No psychological tests on gay asylum seekers, Court of Justice rules: http://curia.europa.eu/juris/document/document.jsf?text=&docid=198766&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=871849
In the recent case of C‑473/16 F v Bevándorlási és Állampolgársági Hivatal, the Court of Justice of the European Union ruled that national authorities may not prepare and use psychologists’ expert reports to assess the sexual identity of an asylum seeker.
Updated UK Visas and Immigration Guidance
Появилась форма для исправления ошибок в натурализационных сертификатах
>>> Correct a registration or naturalisation certificate : https://www.gov.uk/government/publications/correct-a-registration-or-naturalisation-certificate
Use Form RR to request an amendment to your certificate of registration or naturalisation.
>>> >>> Renunciation of all types of British nationality: nationality policy guidance : https://www.gov.uk/government/publications/renunciation-of-all-types-of-british-nationality-nationality-policy-guidance
Guidance on considering requests from British citizens to renounce their status.
>>> Current account closed or refused based on immigration status : https://www.gov.uk/government/publications/current-account-closed-or-refused-based-on-immigration-status
Guidance on what to do if your application for an account is declined or if your account is closing because you are in the UK illegally.
Изменения типа заявления после подачи заявления в UK BA и т.п.
>>> Applications for leave to remain: validation, variation and withdrawal : https://www.gov.uk/government/publications/...-and-procedures
Guidance on application forms and procedures for immigration applications and claims.
>>> Tier 2: chefs at restaurants with a take-away service not eligible
According to UK immigration rules, if a chef works at a restaurant which provides a take-away service, he is less skilled than one who plies his trade at a restaurant that does not. As a result, restaurants which provide a take-away service cannot offer employment to chefs under the Tier 2 skilled worker route.
>>> A Conditional Discharge is not a conviction – the case of Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC)
Useful case-law can be found here: http://www.bailii.org/uk/cases/UKUT/IAC/2014/[2014]_UKUT_314_iac.html
Повышается госпошлина за NHS Sucharge - с £200 до £400 в год.
Plans to double the immigration health surcharge may provide an extra £220m a year to the NHS.
The government plans to double the immigration health surcharge paid by temporary migrants to the UK.
The surcharge will rise from £200 to £400 per year. The discounted rate for students and those on the Youth Mobility Scheme will increase from £150 to £300.
The annual charge is paid by people from outside the European Economic Area (EEA) who are seeking to live in the UK for 6 months or more to work, study or join family.
The Department of Health and Social Care (DHSC) estimates that the NHS spends £470 on average per person per year on treating surcharge payers. Projections suggest that the increased charges may provide around £220m extra every year, with this money going to NHS services.
Важные грядущие изменения в работе UK BA
>>> Important notes from the meetings with the UK BA Business and Immigration Committee – upcoming changes in the way the UK BA will be operating:
UKVI international operational update
Most of the Points Based System (PBS) out of country applications - 98% - are decided within the 15 days with the current performance being as follows :
-PBS employment routes, majority of priority cases being handled within 5 days;
-Majority of standard T1/2/5 cases being handled within 12 days;
-Approximately 150 cases are currently taking longer than that;
-Majority of Tier 4 Priority cases decided in 4 days. Standard (non-complex) cases decided within 10 days
Brexit update
-The document on Citizens rights, published in June 2017 is currently under negotiation;
-The intention is that EU citizens resident for over five years have a light touch process in place to convert to Indefinite Leave to Remain. This will take a simple, digital approach;
-The process will of course need to consider criminality and fraud aspects of any application;
-UKVI are exploring new ways to bring core data from different sources together to make the application process as easy as it can be;
-EU nationals resident less than 5 years will be eligible to stay in the UK providing they arrived prior to a cut off date yet to be agreed with the EU;
-Rules for family members, export of benefits and mutual recognition of professional qualifications remain under discussion.
and
-A white paper will set out proposals and is likely to be published shortly;
-EU Regulations are likely to remain as they are throughout any implementation period;
-The Migration Advisory Committee (MAC) is due to report in September 2018 on the economic considerations;
-An Immigration Bill to be introduced early next year which will set the framework, with secondary legislation to complete the details as negotiations and the feedback from HMG/MAC publications take effect.
In-Country Update
-Sponsorship operations are continue to process pre-licence applications within 28 days;
-Premium services for sponsors are currently running at well below capacity;
-Compliance activity is being improved by providing sector specific training so compliance officers have a better understanding of the sectors they work within;
-71% of targeted compliance visits resulted in an outcome, usually around record keeping practises;
-Currently 87 premium sponsors with some additional household names expected to sign up; and
-Tier 4 account management function has 184 sponsors and handled 13000 queries between July and August 2017.
and
-Tier 4 surge in country was delivered ahead of schedule and was able to lend some resource to Entry Clearance operations;
-Tier 4 postal priority cases are being turned around within 3 days;
-Online forms being introduced for settlement;
-Automated biometric enrolment letters have been launched to various routes including some family routes;
-EU cases remain within the 6 months target;
-Further resource is being flexed to ensure this remains the case;
-95% of EU applications are now made online; and
-90% of Administrative Reviews are completed within 28 days.
Transformation
-The UK BA will become entirely digital at the front end in terms of application processes with assisted digital services for those who are less able to access;
-The Premium Service Centre network will be replaced with a commercial provider capable of offering modern, comfortable settings with premium services;
-Commercial providers will be allowed and encouraged to innovate and develop new technology to help customers interact with the visa system as well as offer premium services for customer comfort and convenience;
-The new contract will replace several contracts with different providers with a single contract;
-Complex human rights routes and vulnerable individuals will still have access to UKVI staff via a network of reporting centres;
-The UK BA is currently conducting Data sharing trials with HMRC to secure applicant data directly from source rather than asking the customer to supply. This is under our Application Programme Interface (API) project;
-The long term vision being that the UK BA will be able to reduce the requirement for documents by checking data at source. Eventually the system will be able to check the data needed for the application automatically and advise the applicant whether they need to submit any documents at all from the comfort of their own home.
And the overseas perspective
-From spring 2018 UKVI will trial self-enrolment biometric technology in Visa Application Centres (VAC), which will allow applicants to enrol their biometrics independently of an operator The stage following this will be to trial kiosks outside of the VAC at remote locations (e.g. travel agents);
-Biometric re-use work continue where customers are automatically matched with their existing record so they do not need to re-enrol again;
-A pilot of technology allowing applicants to upload and index their own documents will start in Spring 2018;
-UKVI is working with commercial partners to improve how the documents are scanned and reaffirmed that UKVI are committed to making the application process as digital, self serving and accessible as possible.
Digital Permissions Pilot
-The work is being undertaken towards introducing an electronic visa (e-visa) to replace the existing paper vignette that is currently manually inserted in a passport. This builds on the transformation work and already in place where much of the visa application process is increasingly digitised. It will bring a number of benefits including the opportunity to improve the customer experience by further modernising processes, making them faster and more efficient for the customer while also strengthening of the security of the visa process itself.
Although the concept itself is quite a simple one, its introduction is less so due to the many touch points through the full span of the customer journey (from receipt of a visa, travelling to the UK, crossing the border and when in the UK) where the vignette plays a role. The UK BA needs to understand the impact of an electronic permission at each of these touch points. As a part of this process the UK BA plans a number of trials to understand the issues in more detail and to test different aspects arising at the different stages.
As a first step, the UK BA has a small trial in place with a handful of US Tier 4 students who will travel to the UK with both an e-visa and a vignette over the coming months. This will help the UK BA validate their understanding of some of the key concepts. The UK BA will look to develop further trials with different groups which might include different visa types, such as Tier 2 visa holders, and different demographic and cultural groups) to test the requirements of the change.
Premium Services Review
These services mostly focus on quicker and more convenient border crossings and include services like Registered Traveller, Fast Track and general aviation services for small airports. These services have traditionally been developed in isolation of other Home Office departments but Border Force have more recently started working with UKVI, DIT and DCMS to develop feedback and market insight which will lead in to more joined up products. Current pilots being considered include:
-Group travel pilot to join up visa applications with border crossings for tourist groups
-Sponsor subscription service for access to e-gates or similar
Изменение имени в иммиграционных документах. Процедуры.
>>> Change of name guidance for official documents : https://www.gov.uk/government/publications/change-of-name-guidance
Home Office guidance on how applications are handled to change names on official documents.
Что делать, если бывший супргу не дает документы (EEA - Retained Right of Residence)
>>> Retained Right of Residence for non-EEA nationals – what may be done if the ex-spouse is not cooperating and refuses to provide documents ?
If you are a non-EEA national, and you are seeking to retain your immigration status on the UK on the basis of your previous marriage with an EEA citizen, and that citizen is refusing to provide evidence of his/her economic activity for the relevant points, you may seek Directions from the court under the case of Amos (http://www.bailii.org/ew/cases/EWCA/Civ/2011/552.html). Examples of Directions can be found here : http://www.bailii.org/cgi-bin/lucy_search_1.cgi?datehigh=&sort=rank&highlight=1&mask_path=/eu/cases /ew/cases /ie/cases /nie/cases /scot/cases /uk/cases&method=boolean&datelow=&query=("Amos direction") and the detailed description of the Court's Determination can be found here : http://www.bailii.org/uk/cases/UKAITUR/2018/IA349572015.html
>>> Asylum seeks and the right to study in the UK – what to do if the UK BA says the asylum seeker cannot study in the UK ?
И все-таки искатели убежища в UK могут учиться
See http://article26.hkf.org.uk/policy-resources/establishing-a-legal-basis-for-article-26 and http://article26.hkf.org.uk/_/uploads/legal_basis.pdf
“Applying this to the educational context, there again appears to be a lack of specific legal power by the UKBA to prevent a failed asylum seeker from studying even if technically he/ she may no longer have a right to be in the UK. In addition, the right to education is a specific human right under the ECHR whereas there is no equivalent for volunteering.”
>>> Can someone holding a valid Visa A return to the Home Country, re-apply for Visa B and, if the Visa B is refused, return to the UK with the Visa A ?
Apparently, YES – see the Rules here : https://www.gov.uk/government/publications/extant-leave-ecb22/extant-leave-ecb22
and
NO, if the visa A is also cancelled, following the refusal of the visa B, see https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal?utm_source=FM+master+list&utm_campaign=b3c883e4a0-RSS_EMAIL_CAMPAIGN&utm_medium=email&utm_term=0_792133aa40-b3c883e4a0-116194677&mc_cid=b3c883e4a0&mc_eid=1af5cd4d48#pt9possession
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Обновились иммиграционные формы для натурализации; обновился Guidance для PBS Dependents
It seems that the UK BA keeps updating their Guidance Notes on monthly basis now:
- New AN (Naturalization) application form: https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=0ahUKEwjFh_-braXZAhWJCMAKHbI9AKwQFggsMAA&url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/680276/form-an-02-18.pdf&usg=AOvVaw1Q9Ofb-SMmLfejxrjQqmaJ
Use form AN to apply for citizenship by naturalization if you are living in the UK.
- New FORM T (Registration) : https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjk3tO5raXZAhWDDcAKHU2NClkQFggrMAA&url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/625091/form_t_07_17.pdf&usg=AOvVaw0KdT5wQxZQah6SJn_Cbya3
Form to apply to register as a British citizen if you were born in the UK and lived here until the age of 10.
- UK Visas and Immigration Guidance: Guidance for dependants of UK visa applicants (Tiers 1,2,4,5) (9 February 2018) : https://www.gov.uk/government/publications/guidance-for-dependants-of-uk-visa-applicants-tiers-1-2-4-5
Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants).
- UK Visas and Immigration - General grounds for refusal: considering entry clearance (15 January 2018) : https://www.gov.uk/government/publications/general-grounds-for-refusal-considering-entry-clearance
UK Visas and Immigration guidance on considering applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse clearance to enter or remain.
- UK Visas and Immigration Guidance: First-tier Tribunal bail (9 February 2018) : https://www.gov.uk/government/publications/immigration-judge-bail
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Is your BRP ID card about to expire ? Application for a replacement biometric residence permit: BRP(RC)
Is so, you can replace it with the new one via this form (NB the forms do change periodically, make sure that you use the current version of the form): https://www.gov.uk/government/publications/application-for-a-replacement-biometric-residence-permit-brprc
Use this form to apply for a replacement biometric residence permit.
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Who needs and who does not need to pass the English language test ?
The following links clarifies who needs and who does not need to pass the English language test https://www.gov.uk/english-language
>>> UK Spouse visa, the divorce and a new marriage in-country : one the applicant in this case will be able to apply for Settlement in the UK ?
“A” came to the UK as a spouse of a British citizen and after few months they had issues and got divorced. After the divorce “A” married another British citizen and after the initial 30 months “A” applied for further leave to remain with the second husband and it was granted an extension for another 30 months.
Under the current Rules and in the above circumstances “A” may NOT count the time for Settlement from the first spouse under the E-ILRP.1.4. : https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members#family-life-with-a-partner
“In calculating the periods under paragraph E-ILRP.1.3. only the periods when the applicant’s partner is the same person as the applicant’s partner for the previous period of limited leave shall be taken into account.”
So “A” will have to be in the UK for a continued period of 5 years from the leave granted under the second marriage in order to qualify for Settlement in the UK.
>>> Applying for a UK visa from the USA ?
The current Guidance on applying for a UK visa in the USA can be found here: https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Решение суда - нельзя (!!!) полагаться а совет UK BA по телефону; неприятные новости для граждан EU
>>> Immigration applicants cannot rely on telephone calls with Home Office, the court says : http://www.bailii.org/uk/cases/UKUT/IAC/2015/191.html
Immigration applicants cannot rely on telephone calls with Home Office operators, the Upper Tribunal has held in the case of R (on the application of Zia and Another) v Secretary of State for the Home Department IJR [2015] UKUT 191 (IAC).
The application was a Tier 1 Entrepreneur application where the applicants’ bank refused to issue a letter that was required by Home Office rules. This meant that the application could not succeed under the Immigration Rules. The problem is not uncommon: civil servants at the Home Office have invented a number of requirements with which some banks are simply unwilling to comply.
The applicants telephoned the Home Office several times to ask what to do. The calls must have been recorded as transcripts were presented to the tribunal. Conflicting advice had been given by different operators on different occasions. Anyone with experience of calling the Home Office helpline will be familiar with this problem.
On the facts of the case the tribunal held that no legitimate expectation was created: the promise was either non existent or was ambiguous and the applicants had not disclosed earlier advice to the telephone operator who gave the “promise”.
Upper Tribunal Judge Southern seems to go on, unnecessarily in the circumstances, to hold that legitimate expectation cannot override the requirements of the Immigration Rules. He finds that the telephone operator concerned, Wayne, did not have the authority to give any promise and continues:
“Finally, there is a strong public interest in the outcome of such applications being decided in a consistent and predictable way, in line with the clear statement of policy as set out in the Immigration Rule applicable.”
The suggestion that legitimate expectation basically does not exist in immigration cases is a controversial finding and should not necessarily be considered a bar in other cases. The facts of this case were very difficult for the applicants and legitimate expectation has been accepted in other cases.
>>> The rights of EU nationals in the UK post-Brexit – the pessimistic prediction seems to emerge
The UK government’s policy paper on EU citizens’ rights in the UK after Brexit, released in June 2017, offered reassurances about “safeguarding” rights, while leaving substantial question marks hanging — in particular about what kind of residence would be required to qualify for the new category of “settled status”.
After the release of the government’s technical note in November 2017, and the joint report from the EU and UK negotiating teams the following month, it now seems that “residence” means residence in accordance with the conditions in Directive 2004/38/EC.
That, in a broad sense, means that the so-called “simplified” process for the EU citizens after Brexit is unlikely to happen, that there likely to be the same requirements as currently are in the Regulations, meaning that a number of EU nationals may not be prepared and may meet the relevant requirements under the Rules after Brexit. The point ? Do it now, or it may be too late. We are here to help: www.legalcentre.org
>>> Preservation of transitional provisions in relation to family members of dual nationals : http://www.eearegulations.co.uk/Regs2016/ByPage/schedule_06
>>> Visa cap for skilled non-EU workers hit for third month running
UK businesses seeking to hire skilled non-EU workers are losing out as it emerges that the monthly quota has been hit for an unprecedented third time in a row.
A couple of days ago, the Home Office sent out hundreds of emails to UK businesses that have been waiting for the outcome of the February restricted certificate of sponsorship round. A restricted certificate of sponsorship is needed to support a visa application for most highly skilled non-EU workers coming to the UK.
It’s not good news.
For the third month in a row, and for only the fourth time since a quota was introduced in April 2011, the cap has been hit. This means that many highly skilled workers from outside the EU will be unable to take up their posts, at least until the number of applications starts to fall away (if they can hold out that long) or there is a change in the government’s approach.
From the information the colleagues have been receiving, it is starting to look like the threshold for rejection could be around the Ј50K mark. Initially it was thought that December and January were just blips. Now it’s starting to feel like this could be a long-term issue.
>>> MPs’ report scathing on Home Office capacity to cope with Brexit: https://publications.parliament.uk/pa/cm201...aff/421/421.pdf
The Home Affairs Committee of MPs today published its report on whether or not the Home Office has the capacity to deliver effective immigration services once the UK leaves the European Union next March.
No, is the short answer.
In addition, and in probably the least surprising aspect of a highly critical report, Brexit is unlikely to have a positive impact on the rest of the Home Office decision-making apparatus.
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> WRS Registration and unregistered work – good news
In light of the Court of Appeal decision in Gubeladze, ‘With immediate effect any unregistered work from 2009-11 will count towards the 5 years needed to acquire permanent residence’ and the UK BA it will update their guidance on this point in due course.”.
Updated UK Visas and Immigration Guidance (21 February 2018)
>>> UK Visas and Immigration - Points-based system: sponsor compliance visits (19 February 2018) : https://www.gov.uk/government/publications/points-based-system-sponsor-management
Guidance for staff on how to carry out sponsor visits before and after licences are issued
>>> UK Visas and Immigration Guidance - Employer sponsorship: restricted certificate allocations (20 February 2018) : https://www.gov.uk/government/publications/employer-sponsorship-restricted-certificate-allocations
A list of restricted certificates allocated each month for employer sponsorship in Tier 2 (General).
>>> UK Visas and Immigration and Immigration Enforcement Guidance: Adults at Risk (20 February 2018): https://www.gov.uk/government/publications/offender-management
Guidance on immigration offender management for officers dealing with enforcement immigration matters within the UK
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> EU residents rush for British citizenship : https://www.gov.uk/government/statistics/immigration-statistics-october-to-december-2017
EU citizens already living in the UK are opting for British citizenship at record levels this morning’s quarterly immigration statistics from the Home Office and Office for National Statistics confirm.
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> The number of endorsements on the Tier 1 Exceptional Talent has doubled
>>> The switching from Tier 4 to Tier 2 is now possible after completion of the course rather than the graduation
>>> The NHS Surcharge will be increased from £200 (£150) to £400 (£300). No clear date has been announced by the UK BA.
>>> The Immigration White Paper has been delayed until October 2018.
>>> Have you got the Indefinite Leave to Enter (ILE) sticker in your passports ? You may need to change it for the plastic Settlement BRP card
Despite the ILR being the equivalent to ILR, the ILE holders now need to satisfy the new employers and obtain the new Settlement BRP ID card
>>> Have you got a pending immigration appeal, which you intend to withdraw and lodged a fresh immigration application via the same day premium service application ?
If it is the case, note that the “S.3C(4) of the Immigration Act 1971 prohibits an application for leave to remain that is made on the same day as, and even if said to be simultaneous with, the applicant’s withdrawal of his appeal before the First-tier Tribunal (Immigration and Asylum Chamber). “
See http://www.bailii.org/uk/cases/UKUT/IAC/2015/273.html
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Home Office Policy Paper: EU citizens arriving in the UK during the implementation period (28 February 2018): https://www.gov.uk/government/publications/eu-citizens-arriving-in-the-uk-during-the-implementation-period
The government’s offer for EU citizens and their family members who arrive during the implementation period.
>>> Home Office Collection: UK leaving the EU: what you need to know (28 February 2018): https://www.gov.uk/government/collections/uk-leaving-the-eu-what-you-need-to-know
Information for EU nationals in the UK and UK nationals living, working, visiting and studying in the EU.
>>> Can an applicant applying for an extension of leave under the Appendix FM re-use the English language test in the future applications ?
Apparently, yes (conditional): https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence
Para 32D:
“32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
1. (a) from a provider which is no longer approved, or
2. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
3. (c) from a test centre which is no longer approved, or
4. (d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
1. (i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
2. (ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix. ”
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> UK BA Sponsor licence applications - Mandatory UK business bank account evidence required
As confirmed by the UK BA, the UK BA Sponsor Licensing Unit will not accept an overseas bank account from corporate companies, even if a covering letter is provided to state why they are doing so.
The companies will need to provide evidence of a UK Bank account, when making the Licence application.
>>> Is it possible to complaint about the Home Office to an Ombudsman without having to be referred from one's Member of Parliament (MP) ?
The answer is “No”: https://www.ombudsman.org.uk/making-complai...-you-come-to-us
“By law, we can only look at complaints about UK government departments and other UK public organisations if a Member of Parliament (MP) refers the complaint to us. You can complete our complaint form and ask an MP or their office to sign it.
MPs will consider all complaints, no matter how big or small – from problems with a benefit or tax office to concerns you have about the DVLA or an immigration issue.
You can find MPs’ contact details at parliament.uk”
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
>>> Tribunal returns to issue of failed payments and invalid immigration applications
Following on from Basnet (validity of application – respondent) [2012] UKUT 113 (IAC) (President Blake) and Mitchell (Basnet revisited) [2015] UKUT 562 (IAC) (Deputy President Ockleton) we now have Ahmed & Ors (valid application – burden of proof) [2018] UKUT 53 (IAC) (President Lane). All three cases concern the effect of an alleged failed payment when making an immigration application.
Although the rules have softened in recent years, at one time a failure in the payment — which might be caused by applicant error or by error in processing by the Home Office — led to an invalid application which in turn meant the applicant being an unlawful overstayer.
The official headnote:
“(1) Central to the analysis in Basnet (validity of application – respondent) [2012] UKUT 113 (IAC) is the existence of a further procedure undertaken by the Secretary of State in order to process payment in relation to which applicants are not privy and over which they have no control. As such, it remains appropriate for her to bear the burden of proof.
(2) The fact that an invalidity decision was not immediately challenged may be relevant in determining whether the legal burden, including an initial evidential burden requiring the Secretary of State to raise sufficient evidence to support her invalidity allegation, has been discharged.
(3) Whether the Secretary of State ultimately discharges the legal burden of proof will depend on the nature and quality of evidence she is able to provide, having regard to the timing of any request for payment details and the reasons for any delay, balanced against any rebuttal evidence produced by an appellant.”
The appeal was allowed as the appellants had consistently asserted they had provided valid payment details.
This case was determined under the old appeal regime pre-dating the Immigration Act 2014. These types of argument would be very difficult to run under the new appeals system. Which was perhaps why the Home Office changed the system.
And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923
Интересная текущая статистика по количеству пойманных нелегалов на работе и штрафах работодателей (сотни тысяч фунтов !)
>>> Home Office Collection: Employers: illegal working penalties (6 March 2018): https://www.gov.uk/government/collections/employers-illegal-working-penalties
Information to help employers prevent illegal working and understand the fines (civil penalties) they face when they employ illegal workers.
>>> Home Office Guidance: Illegal working penalties: quarterly totals (6 March 2018): https://www.gov.uk/government/publications/illegal-working-penalties-quarterly-totals
A quarterly report showing the total number of fines (civil penalties) for illegal working given to employers in each region of the UK.
>>> Home Office Guidance: Illegal working penalties: London and the South East (6 March 2018): https://www.gov.uk/government/publications/illegal-working-penalties-london-and-the-south-east
A quarterly report listing the fines (civil penalties) for illegal working given to employers in London and the South East.