04 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Recently, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and nationality grounds.
Mr Justice Martin Spencer has handed down a damning verdict excoriating the government, saying that the scheme not merely risks causing illegal discrimination, but is certain to do so, as would any scheme of this kind. Furthermore, the judge found that the government has “not come close” to justifying the discriminatory impact of the scheme, especially since it had failed to collect any data demonstrating that it actually works in its stated aim: making undocumented migrants leave the country.
The ruling has significant implications for the development of human rights and discrimination law. Having found the scheme caused landlords to discriminate, Spencer J had to consider whether this actually came within the ambit of Article 8 for the purposes of engaging Article 14 of the European Convention on Human Rights.
This is a significant victory for the JCWI, as it does a major blow to the logic of the whole hostile environment. The JCWI hopes that it will have repercussions for its other pillars: NHS charging, bank checks and employment checks. Under the circumstances it is unsurprising that the government is seeking to appeal the ruling, seemingly unconcerned about the optics of spending further public money on fighting for the right to cause racial discrimination. It seems that in the pursuit of looking “tough” on immigration, a return to the outright racism that existed in the housing market in the ‘50s is alright by Sajid Javid.
05 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Over the next 12 months, the government will be rolling out a whole package of measures designed to enhance the UK’s global image. These will include both new and relaxed immigration options for innovators, tech experts, scientists, researchers, artists and sportspersons.
The Home Office’s approach to visiting artists and sportspersons in recent years has been not been consistently welcoming. On too many occasions, damaging headlines have been the result of overzealous officials interpreting the law in an extremely strict way.
Non-visa nationals who have a Certificate of Sponsorship issued under Tier 5 (Temporary Worker – Creating and Sporting) are already able to enter the UK for up to three months without needing to apply for a visa. Instead, leave to enter is granted at the border. But Certificate of Sponsorship holders entering through Ireland will not encounter an immigration officer to grant them leave — meaning that, technically, any work they carry out would be unlawful. That means that touring artists need to apply for a visa as well as having Certificate of Sponsorship if coming in through Ireland.
In the near future, a more relaxed process will be rolled out for such people to apply for leave to enter remotely (presumably online). The detail of exactly how leave will be granted have not been published yet, but the announcement states that the
"new arrangements will allow musicians and sportspeople… to apply for leave to enter remotely, putting an end to their requirement to apply for a visa to perform in the UK when entering through Ireland.".
Whilst this news may only be relevant to a small number of individuals, it shows that the Home Office’s shift towards a digital immigration system is underway. The white paper described a scenario where “rather than issuing those coming to the UK with a piece of paper or a vignette in their passport, we will be granting an electronic permission, such as an E-visa”.
The Home Office usually updates the Immigration Rules in spring and autumn each year so the change may be just around the corner.
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system.
The headnote:
"Human rights appeals
(1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary of State will not be able to point to the importance of maintaining immigration controls as a factor weighing in favour of the Secretary of State in the proportionality balance, so far as that factor relates to the particular immigration rule that the judge has found to be satisfied.
(2) The fact that P completes ten years’ continuous lawful residence during the course of P’s human rights appeal will generally constitute a “new matter” within the meaning of section 85 of the 2002 Act. The completion of ten years’ residence will normally have a material bearing on the sole ground of appeal that can be advanced in a human rights appeal; namely, whether the decision of the Secretary of State to refuse P’s human rights claim is unlawful under section 6 of the Human Rights Act 1998. This is because paragraph 276B of the Immigration Rules provides that a person with such a period of residence is entitled to indefinite leave to remain in the United Kingdom, so long as the other requirements of that paragraph are met.
(3) Where the judge concludes that the ten years’ requirement is satisfied and there is nothing to indicate an application for indefinite leave to remain by P would be likely to be rejected by the Secretary of State, the judge should allow P’s human rights appeal, unless the judge is satisfied there is a discrete public interest factor which would still make P’s removal proportionate. Absent such factors, it would be disproportionate to remove P or require P to leave the United Kingdom before P is reasonably able to make an application for indefinite leave to remain.
(4) Leaving aside whether P has any other Article 8 argument to deploy (besides paragraph 276B) and in the absence of any policy to give successful human rights appellants a particular period of limited leave, all the Secretary of State is required to do in such a case is grant P a period of leave sufficient to enable P to make the application for indefinite leave to remain. If P subsequently fails to make such an application, P will continue to be subject to such limited leave as the Secretary of State has granted in consequence of the allowing of the human rights appeal.
Statements of additional grounds
(5) A statement of additional grounds for the purposes of section 120 of the 2002 Act must be made in writing."
07 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Home Office softens EU settled status requirements after charity’s legal action
The Joint Council for the Welfare of Immigrants (JCWI) has settled its legal action with the government over the EU Settlement Scheme following changes to the system. The revisions address concerns that the detailed rules for the scheme would allow the Home Office to deny settled status to more EU citizens than previously thought, contrary to political commitments made since the Brexit referendum.
The Home Office has made three concessions off the back of the litigation:
- A previous decision to remove an EU citizen from the UK is no longer a mandatory reason to refuse settled status. Caseworkers may still deny settlement on this basis, but only where it is proportionate to do so. This change to the Settlement Scheme rules has already been made.
- Officials will not refuse settled status because of a deportation order more than two years old without considering “whether there has been a material change of circumstances since the deportation order was made”. The deportation must continue to be “justified on the grounds of public policy, public security or public health”. This change has been embedded in guidance for caseworkers since 21 January.
- The caseworker guidance will also be changed to confirm that EU citizens do not meet the threshold for removal from the UK “solely because they are a student or self-sufficient person who does not hold comprehensive sickness insurance”.
The draft consent order — a court document stating the terms on which the case has been settled — also confirms that nobody will be refused settled status because they have not been working in the UK, or only working part-time. As with the comprehensive sickness insurance point, it is extremely surprising and a touch worrying that this needed official clarification. The government has consistently said that the only real qualification for settled status is residence in the UK.
JCWI had begun legal action last year, saying that the detailed rules “require some EU citizens that they promised would be allowed to stay to be denied status”.
The Public Law Project, which represented JCWI in the judicial review claim, says that the “during the litigation, the Home Secretary has adopted many of JCWI’s requests to make sure that the rules for settled status better reflects what the Government told everyone about the scheme, and results in more proportionate and fairer decision making”. JCWI “will pursue their outstanding concerns about the scheme via their campaign[ing] and policy work”.
It has been a very good week for JCWI. On 1 March, the organisation won a comprehensive High Court victory in which the government’s Right to Rent scheme was held discriminatory and in breach of human rights law.
Каждый день приносит хорошие новости для наших клиентов.
Пятница не была исключением.
Только что получил уведомление из Home Office о том, что курьер DX сегодня доставит 4 новые BRP карточки клиентам:
3 x BRP - ПМЖ (ILR - Settlement) для семьи из трех человек. Жертвы домашнего насилия. Подавали заявление через Super Premium Service - рассмотрение за 24 часа
1 x BRP - ПМЖ (ILR - Settlement) для ребенка старше 18 лет из семьи инвестора (Tier 1 Investor). Подавали заявление через Super Premium Service - рассмотрение за 24 часа
Как всегда, заявления подавались по новой системе, т.е. никаких оригиналов, никакой отсылки документов куда-либо по почте. Все было оформлено в кратчайшие сроки, т.к. как всегда с Legal Centre.
09 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Bringing a surrogate born child into the UK ?
You can use the following resources to understand how to bring a surrogate born child into the UK:
The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of Justice ruling allowing extended family members to avail of the Surinder Singh immigration route.
What is an extended family member?
An “extended family member” is the UK version of what in EU law is called an “other family member” in Article 3 of Directive 2004/38. There are broadly three types of extended family member:
1. Dependants or members of the household of the EEA national who are dependent or members of household both before and after entry
2. A relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner
3. A partner in a “durable relationship” with the EEA national
The free movement rights of extended family members are less strong than for direct family members such as spouses, children and dependent parents. For example, in the UK an extended family member must be granted a residence card in order to have full free movement rights.
The regulations also implement the Court of Justice of the European Union ruling in C‑89/17 Banger v UK, also as of 28 March. This is mostly done by changing “family members” to “family members and extended family members” in various bits of Regulations 7 and 9 of the EEA Regulations 2016.
Zambrano carers
Zambrano carers etc will be able to apply for post-Brexit settled status. There is a technical change made to the EEA Regulations to cater for this. In force from 28 March 2019.
11 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU (‘Brexit’): who’s eligible, how to apply, how much it costs.
What you’ll need to do to visit the UK after the UK leaves the EU on 29 March 2019, including whether you’ll need to apply for a visa.
Corrected information about mobile roaming so that it now covers what happens if your SIM card was issued by a mobile phone network from an EEA country
>>> Tier 1 (Investor) key changes:
Under the New Rules, the key changes under the Tier 1(Investor) programme are:
require investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present)
require UK banks to confirm they have carried out the checks they are required to make before opening an investment account
exclude investment in government bonds
tighten the rules around investment in companies
11 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU (‘Brexit’): who’s eligible, how to apply, how much it costs.
What you’ll need to do to visit the UK after the UK leaves the EU on 29 March 2019, including whether you’ll need to apply for a visa.
Corrected information about mobile roaming so that it now covers what happens if your SIM card was issued by a mobile phone network from an EEA country
>>> Tier 1 (Investor) key changes:
Under the New Rules, the key changes under the Tier 1(Investor) programme are:
require investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present)
require UK banks to confirm they have carried out the checks they are required to make before opening an investment account
exclude investment in government bonds
tighten the rules around investment in companies
14 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
A visa application form filled in on a computer, printed off and posted to the Home Office is not an “online application”. That is probably no surprise to anyone but the appellant in R (Shah) v Secretary of State for the Home Department [2019] EWCA Civ 368, who tried to argue that a “print and send” application for a student visa was actually an online application.
Lord Justice Haddon-Cave thought that an “unreal” proposition:
"In my view, it is quite clear that the “print and send” method used by the Appellant was the “specified application form” method under paragraphs A34-34D of the Immigration Rules and it was not an “on-line application”. The reasons are, frankly, obvious (a) from the face of the official website and the form, (b) from what in fact the Appellant did and (c) from a sensible reading of the Immigration Rules".
A deportation case with a twist: R (Foley) v Secretary of State for the Home Department [2019] EWHC 488 (Admin) involved an Irish citizen who requested deportation but was denied it. The judgments make the rationale for what seems an odd request maddeningly obscure, but the reason is simple: being deported means being released from prison earlier would otherwise have been the case.
The Supreme Court has finally laid to rest the argument that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014. They don’t, say their lordships. The meaning of “human rights claim” in section 82 as amended is to be read as “original human rights claim”. It follows that “protection claim” should be read in the same way.
15 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Most recent Home Offiice's answers in relation to the New System application process
Q: Can a Tier 1 (Investor) apply for extension and/or Settlement via a 24-hour service ?
A: Tier 1 (Investors) applying for leave to remain and to extend their stay to indefinite leave to remain can make an online application for a standard 8-week consideration or a priority 10-day consideration. Also, Tier 1 (Investors) applying for settlement can also make an online application for a priority 10-day consideration. Priority 10-day considerations cost an additional fee of £477 which provides a faster consideration within 10-days of receiving the visa application, providing all the relevant evidence, including biometric (photograph and fingerprints) are submitted.
Q: Can a Tier 1 (Entrepreneur) applicant for settlement get a decision within 24 hours (or any level of expedition)?
A: At this moment Tier 1 (Entrepreneur) cannot apply for a priority 10 day or super priority 24 hour consideration.
Q: Can children over 18 be added to the FLR(M), SET(M), SET(O) etc forms or should they apply separately ?
A: Over 18 children can be added, but they need to have leave in that category already and not be living an independent life; if they do live an independent life, they need to submit the application in their own right.
Q: Can I travel while my application is being considered ?
A1: If you are applying for leave to remain, or indefinite leave to remain, you should not leave the UK until you have received a decision on your application. If you travel outside the “Common Travel Area” (CTA) before the decision is made on your application, your application will be treated as withdrawn.
A2 If the decision is made while you are outside the UK and your current leave has expired, you will not have a right to return to the UK and you may be refused entry at the UK border.
A3 In terms of stages, the application is only classed as withdrawn if the customer has received their passport back from UKVI, if they haven’t submitted it then the customer can travel without the application being withdrawn, however, they will need to be aware that having made an application does not give them an automatic right to re-enter the UK. If they have extant leave when they leave the UK then they can re-enter.
Q: How much time do I have to enroll for the biometric from the date I submit my online application ?
A: An applicant has up to 45 days to enroll for the biometric sine submitting the online application
Q: Do I still need to bring my originals documents for the biometric appointment ?
A: Applicants do not need to bring along the original supporting documents, however, applicants can choose to do so if they wish. All applicants must take their original travel document/passport to their appointment
Q: Can Tier 2/4/5 Employers apply for their licenses via the New Service ?
A: Applications from organizations to become Tier 2/4/5 sponsors are not in scope for the new Front-End Service. Customers applying for this will continue to use the existing service. Currently there is not the functionality to upload the supporting evidence for these applications.
The government has announced some changes to the immigration system to give the impression that the UK is a welcoming and functioning country despite the ongoing chaos of Brexit.
Chancellor Philip Hammond, giving a Spring Statement economic speech yesterday, said that PhD level jobs would be taken out of the cap on Tier 2 work visas and globe-trotting researchers made exempt from settlement rules that penalize lengthy absences from the UK.
A written ministerial statement says:
"From Autumn 2019, PhD-level occupations will be exempt from the Tier 2 (General) cap, and at the same time the government will update the immigration rules on 180-day absences so that researchers conducting fieldwork overseas are not penalized if they apply to settle in the UK.".
17 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Tech Nation to endorse new innovator and start-up visas… but not until September 2019
The government announced on 7 March that two new immigration categories will appear in the Immigration Rules from 29 March 2019 — the innovator and start-up visas.
Since then, lawyers and prospective applicants have been eagerly waiting to see who the endorsing bodies will be. (An application for a visa in either category cannot be made until the business idea has been assessed by an approved endorsing body and they have agreed to officially endorse the applicant.)
It came as no surprise that the Tech Nation will be one of those endorsing bodies. The technology network is already an endorsing body for applicants applying under the tech arm of the Tier 1 (Exceptional Talent) visa.
Interestingly, the Tech Nation won’t be providing any endorsements for anyone applying under the innovator or start-up routes until September 2019, according to their web-site. This means that Tech Nation will not be issuing endorsements until some time after applications for visas can be made (which appears, from the wording of the Statement of Changes, to be from 1 August 2019).
In September 2019, Tech Nation will begin processing endorsement applications on behalf of digital technology entrepreneurs for both of these new routes, building upon our successful operation of the Tier 1 Exceptional Talent visa and extending our support for international entrepreneurs wishing to establish their tech business in the UK.
Hopefully the other endorsing organization will be announced soon, too.
The High Court has suspended the Home Office’s removals policy with immediate effect. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for at least the next few weeks.
22 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Clarification of the start-date of Start Up and Innovator visas
The Home Office have confirmed that the start date of the new Start Up and Innovator categories is in fact 29 March.
The Home Office also confirmed that it is not parts W2-W4 of the Appendix that come into force on 1 August but part W2-W4 of the Statement of Changes relating to a small change to the definition of higher education institutions.
In March 2018, the Home Office stunned the Turkish community by abolishing the route to settlement in the UK that had existed under the Ankara Agreement. It did issue replacement rules for Turkish businesspeople to get indefinite leave to remain a few months later, but these were more stringent than what had existed before. Applicants can now only get settlement after five years (it had been four), must pay an application fee (£2,389) and pass an English language test.
A group of Turkish citizens already living in the UK challenged this retrospective change in R (Alliance of Turkish Businesspeople Ltd) v Secretary of State for the Home Department [2019] EWHC 603 (Admin). They contended that the Home Office had pulled the rug from under them: in legal terms, that they had a legitimate expectation of getting indefinite leave to remain under the old rules when they decided to come and live in the UK. The group argued that frustrating this expectation was so unfair as to be unlawful.
The High Court, in a decision handed down on Monday, accepted that there was a legitimate expectation there but held that frustrating it was justified.
28 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The Service and Support Centres (SSC) will provide a free service for those who may be in a position of vulnerability or who may have complex circumstances and would therefore benefit from an enhanced service.
Experienced UKVI staff will provide a face to face service and help people throughout their immigration application. The hands-on service will help make sure the right information and evidence is captured, so that individuals apply under the route most appropriate for their circumstances. The centres may be accepting applications under the following categories:
-applying under a family route
-applying to join as a dependant
-applying for family reunion
-applying on the basis of statelessness
-who qualify for a fee waiver or fee exemption
-applying under the domestic violence route
-making further submissions after a failed asylum claim
-who are required to only enrol their biometric information
The SSCs will be in Belfast, Cardiff, Croydon, Glasgow, Liverpool, Sheffield and Solihull.
Immigration Minister Caroline Nokes said:
"I want an immigration system which is flexible and a key part of that is to make sure we provide enhanced support to those who need it.
These new centres will have experienced staff on hand to help guide people through the process so that they can get any support they may need, but importantly to help make sure they provide the right information first time.".
The hands-on support at the new centres will help reduce the number of instances where further information is requested, as staff will help people understand what information and evidence they need to provide.
People with exceptional circumstances, such as serious medical issues or destitution, may also qualify for travel assistance or mobile services.
The online application will intuitively lead the person through the process making it clear what they need to do, what supporting evidence they will need and where they will need to go to complete their application.
The service will also be open to a range of people, including those who are applying based on family or private life or if they have been granted a fee waiver.
Guidance detailing eligibility requirements to access public funds that will apply in a no deal scenario for EEA and Swiss nationals who arrive after the UK exits the EU.
29 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Start-Up and Innovator Visas go live today. Some useful links:
Immigration lawyers and applicants were expecting guidance for potential applicants to be published now that it is in theory possible to apply for the new visas. So far there is none, and we are hearing that there will be none. Instead there will be just the rules in the new Appendix W. If correct, that would be in line with the desire to make the system less odiously complex for all concerned, although it does represent a step change for the lawyers.
1. Applications for short-term visas, EEA family permits, Tier 5 and Tier 1 (Exceptional Talent)
You can make applications for a visit visa, a short-term study visa, an EEA family permit, Tier 5 or Tier 1 (Exceptional Talent) entry clearance in any visa application centre, British diplomatic mission or consular post overseas where entry clearance applications are accepted.
You should be present legally in the country or territory you’re applying from.
2. Applications for other entry clearance
Applications for other types of entry clearance should be made in the country in which you are living.
Where there is no post in the country where you live, you should make the application to the appropriate application post.
01 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
It is very short (8 pages). It tweaks Appendix EU and AR to account for Brexit not being 29 March, and to amend certain provisions in Appendix AR from 'leave to remain' to 'leave to enter or remain'.
02 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
03 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Guidance for how UK Visas and Immigration considers applications to enter or remain in the UK as a dependant of a PBS migrant updated
>>> When does the 10 year ban under Para 320 not apply ?
Partners under Appendix FM are exempted from 320(7B) under A320.
Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.
In Munday (EEA decision: grounds of appeal) [2019] UKUT 91 (IAC) the tribunal has reiterated that in appeals against EU residence decisions, the appellant cannot rely on human rights arguments, only on EU law arguments.
The official headnote:
1. In an appeal against an EEA decision under the Immigration (EEA) Regulations 2016, the sole ground of appeal is that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to and residence in the UK (sched 2, para 1).
2. Consequently, in such an appeal an appellant may not rely on human rights grounds in the absence of a s.120 notice and statement of additional grounds in which reliance is placed upon human rights or there has been an additional decision to refuse a human rights claim.
04 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Sopra Steria is experiencing issues with the biometric appointments demand. The Home Office has issued a notice about that on their web-site (visible when logging into your online application form).
05 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Guidance on applications for naturalisation as a British citizen.
New guidance document uploaded.
>>> Caught by the change (increase) of the CoP salary under the Tier 2 General ?
Fear not, as there is a transitional arragement which covers this scenario in the new SG. The employer just must pay at the higher rate but no need to do a new RLMT, under the ara 28.26.
08 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation.
09 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551.
22 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> Need to cancell your immigration or citzienship application ?
The EUSS family permit facilitates entry into the UK of an eligible non-EEA citizen family member without a valid biometric residence card – a valid residence card or permanent residence card issued by the UK under the Immigration (European Economic Area) Regulations 2016 on the basis of an application made on or after 6 April 2015 – in order to join in, or accompany to, the UK an EEA or Swiss citizen who has been granted indefinite or limited leave under the EUSS.
A non-EEA citizen family member outside the UK with a biometric residence card can apply for an EUSS family permit to join or accompany an EEA or Swiss citizen who has been granted leave under the EUSS. However, a non-EEA citizen who is outside the UK and has a valid biometric residence card can travel to the UK with that document and a valid passport. From 07:00 am on 9 April 2019, they can also apply directly for leave under the EUSS from outside the UK.
Reference to ‘the Islands’ in this guidance is, as defined in Annex 1 of Appendix EU (Family Permit), to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.
Distinction from the EEA family permit
The EUSS family permit operates alongside the EEA family permit, which continues to provide a separate entry clearance route for those who qualify for it.
The EEA family permit provides for entry into the UK of a non-EEA citizen family member of an EEA or Swiss citizen who is exercising Treaty rights, as implemented in UK law through the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations). For further guidance, see EEA family permit guidance
Non-EEA citizen family members who may be eligible for the EEA family permit but are not eligible for the EUSS family permit include:
• extended family members as defined in the EEA Regulations: durable partners and dependent relatives
• persons with a derivative right of residence in the UK (i.e. ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases)
• persons who have lived with a British citizen exercising EU Treaty rights in another EEA country before returning to the UK to live (‘Surinder Singh’ cases)
• persons whose EEA or Swiss citizen family member has not been granted leave under the EUSS
Durable partner
The durable partner of a relevant EEA citizen, as defined in Annex 1 of Appendix EU (Family Permit), is not able currently to apply for an EUSS family permit: they will be able to do so after the end of the planned implementation period on 31 December 2020. For the time being, they can apply for an EEA family permit.
26 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Apply for a certificate of entitlement showing you have the right to live and work in the UK, if you are in the United Kingdom, the Channel Islands or the Isle of Man.
>>> Cannot provide a proof of identity ?
Then the para 34(5)(c) may be of help:
Para34(5)(c) of the rules sets out that an applicant can provide a good reason
beyond their control why they cannot provide any proof of identity. Reasons may
include the following (this list is not exhaustive):
• there is no longer a functioning national authority to provide a new document
• there is no Embassy or consular service for their country in the UK
• there is a national authority to apply for a document, but they have run out of
documents
• the applicant has made an application for a replacement document, but the
issuing authority was not able to provide it before the application was made
• the applicant cannot obtain a document for reasons of national or personal
security
• the national authority has unreasonably refused to provide a document, for
example, if the national authority:
- will only provide a passport if the applicant applies in person but there is no
provision to apply in person in the UK
- puts unreasonable barriers in place for the applicant
Paragraph 34(6) of the Rules states that you may ask the applicant to provide
alternative satisfactory evidence of their identity and nationality. For example, this
could be a combination of:
• birth certificate
• driving licence
• national health card
• national service document
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications.
The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways in which entrepreneur migrants can do this. It is a textbook example of the lack of flexibility and confusion inherent in the Points Based System, and required reading for migrants in this route considering how to invest their funds.
The Court of Justice of the European Union has ruled that EU nationals retain their status as workers for six months, even if they have only worked for two weeks in the host country.
03 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Please note that the pages 52-53, which contains very different material to what have been previously known
Namely:
"Alternative means to remain in the UK
A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.
As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).
Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.
In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.
This means that a Zambrano application must be refused if the applicant:
• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available
• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child
Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at www.gov.uk/uk-family-visa.
If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance."
>>> UKVI Guidance: list of endorsing bodies for start-up and innovator visas updated
What you'll need to do to visit the UK after the UK leaves the EU, including whether you'll need to apply for a visa.
>>> European Court of Human Rights awards substantive damages for breach of detention policy:https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-192654%22]}
The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) (application no. 62824/16) is only a decision of the court’s First Section and will not necessarily be followed by other sections of the Strasbourg court or domestic courts, but it might herald a more rigorous approach to ensuring that the Home Office sticks to its published policy.
09 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
10 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British children. He also had 27 criminal convictions to his name, the most recent of which was a robbery leading to a two-year prison sentence. The case is AM (Somalia) v The Secretary of State for the Home Department [2019] EWCA Civ 774.
The UK Borders Act 2007 obliges the Home Office to deport any foreign national who receives a sentence of 12 months or more. There are some limited exceptions to this requirement, including where deportation would breach EU law (while that still applies), the UN Refugee Convention, or human rights law.
AM attempted to rely on the Refugee Convention and human rights law but ultimately failed and now faces deportation.
The Home Office has announced that councils will get more money to care for children who arrive in the UK alone to seek asylum.
Councils used to get between £71 and £114 per child per day, depending on the age of the child and when they arrived in the UK. From now on it will be £114 per child per day across the board, backdated to 1 April 2019.
The Home Office says that this represents a total increase of £30 million a year. To put this context, council spending on these children was £152 million in 2017/18 — almost double the amount needed four years earlier. The Home Office does not say how much the funding increase brings its total outlay to, but it doesn’t seem to be fully reimbursing the councils: it says that it “provides a contribution to their costs”.
16 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
Information for landlords and letting agents on right to rent checks for EU citizens and their family members in the private rented sector in England now and after the UK leaves the EU.
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must first make a human rights application under British immigration law. In other words, applicants no longer have a choice between using Zambrano or using the UK Immigration Rules; they must do the latter first if eligible, or will have their Zambrano applications refused.
Получил подтверждение что заявление клиентки о натурализации было одобрено и клиентку приглашают на церемонию для получения сертификата о натурализации.
Клиентка раньше попробовала подать заявление сама и получила отказ.
В этот раз и уже с моей помощью ее заявление рассмотрели положительно и быстро:
24 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
R (ERA) v Basildon And Thurrock Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin) is about whether someone who has applied for leave to remain in the UK on human rights grounds can get the same exemption from NHS charges as asylum seekers.
Unfortunately for ERA, then, the exemption does not cover a human rights claim unless it also falls into the category of temporary protection, asylum or humanitarian protection claims.
>>> Investor and Start-up visa update: CodeBase withdraws as sponsor
CodeBase has made the following announcement, withdrawing itself as a sponsor of Investor and Start-up visas.
"CodeBase has made the decision to withdraw as an endorsing body for the UK Government start up visa / innovator visa programmes. If you require any further information on the programmes and/or other endorsing bodies, please visit one of the following websites:
From today (Monday 20 May), visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States will be able to use ePassport gates at ports across the UK and juxtaposed controls in a move designed to speed up border controls for low-risk countries.
The National Audit Office, a government watchdog, has released an authoritative report on the long-running English language testing scandal. The discovery in 2014 that there was widespread cheating on the English tests required for UK visas led to a Home Office crackdown affecting tens of thousands of people, many of whom protested that they were innocent.
The NAO’s assessment suggests that they were right. The heavy-handed official response — “deport ’em all and let God sort them out” — took little account of the potential for wrongful accusations...
Here are some highlights of the NAO’s report:
1. There definitely was cheating on English language tests
2. But we’ll never know how many people actually cheated
3. The Home Office didn’t care if people were wrongly labelled cheats
4. ETS denied people the chance to clear their name
5. Dozens of colleges lost their sponsor licences
6. Thousands of people have won TOIEC appeals
The report notes that “people usually had to appeal on human rights grounds because they could not appeal the decision directly”, implying that the figure could have been much higher had there been a direct right of appeal. Around 11,400 people caught up in the scandal subsequently left the UK.
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it — but where they are also precluded from working, receiving benefits, renting property etc because they don’t have valid leave.
The argument put forward here was that the cumulative impact of these factors breached Article 8 of the European Convention on Human Rights, an argument ultimately rejected by the court.
29 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
>>> No new BRP cards for the non-EEA family members under the Settled/Pre-Settled scheme ?
According to the Home Office, where a family member has a valid biometric residence card, they will not receive a further physical document as a result of being granted leave under the scheme.
A person who holds a biometric residence card confirming their pre-settled status will not receive a new card if they later obtain settled status. They will instead rely on the online service to view and prove their status.
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of three Lord Justices declared that Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872.
The background is that, as the judgment explains, “the law requires a wholly different treatment of young asylum-seekers depending on whether they have passed their eighteenth birthday”. The Home Office is not generally supposed to put children in immigration detention, for example.
The Court of Appeal decided that both sets of guidance, “in both the current and the previous versions of those documents, are unlawful”.
31 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923
The Migration Advisory Committee (MAC) has published its review of the shortage occupation list (SOL) today, adding veterinarians, web designers and architects.
The MAC has also recommended a major expansion of the list of jobs that get priority for work visas.
The MAC published its recommendation for a new Shortage Occupation List yesterday. Assuming it is accepted by the Home Office, the new list would cover 9% of UK jobs compared to 1% now.
A job being on the Shortage Occupation List makes it easier for employers to hire a non-EU worker under the Tier 2 (General) work visa system.
As the review explains:
"First, there is no need to pass the resident labour market test, i.e. to demonstrate that an attempt has been made to recruit domestically. Not having to undertake this is a saving for the employer in terms of vacancy advertising and recruitment time.
Second, roles on the SOL are prioritised if the Tier 2 (General) limit of 20,700 is reached. Jobs on the SOL are automatically granted 320 points, a higher level of points than could possibly be achieved by occupations not on the SOL. In practice, this means that jobs on the SOL cannot be turned down when the cap binds.
Third, there is no requirement to meet the £35,800 salary threshold required for settlement after five years. This requirement is waived if the job title has been on the SOL at any point in those five years.
And finally, applicants (and their families) face lower visa application fees if their occupation is on the SOL."
Комментарии
>>> JCWI: how we beat the hostile environment in court: https://www.bailii.org/ew/cases/EWHC/Admin/2019/452.html
Recently, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and nationality grounds.
Mr Justice Martin Spencer has handed down a damning verdict excoriating the government, saying that the scheme not merely risks causing illegal discrimination, but is certain to do so, as would any scheme of this kind. Furthermore, the judge found that the government has “not come close” to justifying the discriminatory impact of the scheme, especially since it had failed to collect any data demonstrating that it actually works in its stated aim: making undocumented migrants leave the country.
The ruling has significant implications for the development of human rights and discrimination law. Having found the scheme caused landlords to discriminate, Spencer J had to consider whether this actually came within the ambit of Article 8 for the purposes of engaging Article 14 of the European Convention on Human Rights.
This is a significant victory for the JCWI, as it does a major blow to the logic of the whole hostile environment. The JCWI hopes that it will have repercussions for its other pillars: NHS charging, bank checks and employment checks. Under the circumstances it is unsurprising that the government is seeking to appeal the ruling, seemingly unconcerned about the optics of spending further public money on fighting for the right to cause racial discrimination. It seems that in the pursuit of looking “tough” on immigration, a return to the outright racism that existed in the housing market in the ‘50s is alright by Sajid Javid.
>>> UKVI Guidance: Staying in the UK for longer than 3 months if there's no Brexit deal: https://www.gov.uk/guidance/european-temporary-leave-to-remain-in-the-uk?utm_source=33b70930-ccdf-435d-a8fd-35ad6f817d48&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance for EU, EEA and Swiss citizens coming to the UK to visit, study, work or join family if the UK leaves the EU with no deal.
Updated to include Swiss citizens
>>> UKVI Guidance: Common travel area: https://www.gov.uk/government/publications/common-travel-area?utm_source=719ba4b8-588b-4c4b-a3cd-45836f747d1c&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance for staff on the common travel area (CTA).
>>> UKVI Guidance: Tier 5 temporary worker concession (creative and sporting): immigration clearance form: https://www.gov.uk/government/publications/tier-5-temporary-worker-concession-creative-and-sporting-immigration-clearance-form?utm_source=cff4df0e-f88e-4778-a93c-ad5be5f16a8a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Application form for people who want to enter the UK from Ireland to undertake paid, temporary engagement.
>>> Home Office to give touring artists and sportspersons green light for entry through Ireland: https://www.theguardian.com/music/2018/aug/02/touring-artists-hit-by-visa-issues-and-it-will-get-worse-after-brexit?utm_source=Free+Movement&utm_campaign=0cfb0da28b-Daily+forum+updates&utm_medium=email&utm_term=0_792133aa40-0cfb0da28b-105099801&mc_cid=0cfb0da28b&mc_eid=3bc32dee13
Over the next 12 months, the government will be rolling out a whole package of measures designed to enhance the UK’s global image. These will include both new and relaxed immigration options for innovators, tech experts, scientists, researchers, artists and sportspersons.
The Home Office’s approach to visiting artists and sportspersons in recent years has been not been consistently welcoming. On too many occasions, damaging headlines have been the result of overzealous officials interpreting the law in an extremely strict way.
Non-visa nationals who have a Certificate of Sponsorship issued under Tier 5 (Temporary Worker – Creating and Sporting) are already able to enter the UK for up to three months without needing to apply for a visa. Instead, leave to enter is granted at the border. But Certificate of Sponsorship holders entering through Ireland will not encounter an immigration officer to grant them leave — meaning that, technically, any work they carry out would be unlawful. That means that touring artists need to apply for a visa as well as having Certificate of Sponsorship if coming in through Ireland.
In the near future, a more relaxed process will be rolled out for such people to apply for leave to enter remotely (presumably online). The detail of exactly how leave will be granted have not been published yet, but the announcement states that the
"new arrangements will allow musicians and sportspeople… to apply for leave to enter remotely, putting an end to their requirement to apply for a visa to perform in the UK when entering through Ireland.".
Whilst this news may only be relevant to a small number of individuals, it shows that the Home Office’s shift towards a digital immigration system is underway. The white paper described a scenario where “rather than issuing those coming to the UK with a piece of paper or a vignette in their passport, we will be granting an electronic permission, such as an E-visa”.
The Home Office usually updates the Immigration Rules in spring and autumn each year so the change may be just around the corner.
>>> Tribunal guidance on raising long residence during appeals process: https://www.bailii.org/uk/cases/UKUT/IAC/2019/65.html
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system.
The headnote:
"Human rights appeals
(1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary of State will not be able to point to the importance of maintaining immigration controls as a factor weighing in favour of the Secretary of State in the proportionality balance, so far as that factor relates to the particular immigration rule that the judge has found to be satisfied.
(2) The fact that P completes ten years’ continuous lawful residence during the course of P’s human rights appeal will generally constitute a “new matter” within the meaning of section 85 of the 2002 Act. The completion of ten years’ residence will normally have a material bearing on the sole ground of appeal that can be advanced in a human rights appeal; namely, whether the decision of the Secretary of State to refuse P’s human rights claim is unlawful under section 6 of the Human Rights Act 1998. This is because paragraph 276B of the Immigration Rules provides that a person with such a period of residence is entitled to indefinite leave to remain in the United Kingdom, so long as the other requirements of that paragraph are met.
(3) Where the judge concludes that the ten years’ requirement is satisfied and there is nothing to indicate an application for indefinite leave to remain by P would be likely to be rejected by the Secretary of State, the judge should allow P’s human rights appeal, unless the judge is satisfied there is a discrete public interest factor which would still make P’s removal proportionate. Absent such factors, it would be disproportionate to remove P or require P to leave the United Kingdom before P is reasonably able to make an application for indefinite leave to remain.
(4) Leaving aside whether P has any other Article 8 argument to deploy (besides paragraph 276B) and in the absence of any policy to give successful human rights appellants a particular period of limited leave, all the Secretary of State is required to do in such a case is grant P a period of leave sufficient to enable P to make the application for indefinite leave to remain. If P subsequently fails to make such an application, P will continue to be subject to such limited leave as the Secretary of State has granted in consequence of the allowing of the human rights appeal.
Statements of additional grounds
(5) A statement of additional grounds for the purposes of section 120 of the 2002 Act must be made in writing."
>>> Home Office softens EU settled status requirements after charity’s legal action
The Joint Council for the Welfare of Immigrants (JCWI) has settled its legal action with the government over the EU Settlement Scheme following changes to the system. The revisions address concerns that the detailed rules for the scheme would allow the Home Office to deny settled status to more EU citizens than previously thought, contrary to political commitments made since the Brexit referendum.
The Home Office has made three concessions off the back of the litigation:
- A previous decision to remove an EU citizen from the UK is no longer a mandatory reason to refuse settled status. Caseworkers may still deny settlement on this basis, but only where it is proportionate to do so. This change to the Settlement Scheme rules has already been made.
- Officials will not refuse settled status because of a deportation order more than two years old without considering “whether there has been a material change of circumstances since the deportation order was made”. The deportation must continue to be “justified on the grounds of public policy, public security or public health”. This change has been embedded in guidance for caseworkers since 21 January.
- The caseworker guidance will also be changed to confirm that EU citizens do not meet the threshold for removal from the UK “solely because they are a student or self-sufficient person who does not hold comprehensive sickness insurance”.
The draft consent order — a court document stating the terms on which the case has been settled — also confirms that nobody will be refused settled status because they have not been working in the UK, or only working part-time. As with the comprehensive sickness insurance point, it is extremely surprising and a touch worrying that this needed official clarification. The government has consistently said that the only real qualification for settled status is residence in the UK.
JCWI had begun legal action last year, saying that the detailed rules “require some EU citizens that they promised would be allowed to stay to be denied status”.
The Public Law Project, which represented JCWI in the judicial review claim, says that the “during the litigation, the Home Secretary has adopted many of JCWI’s requests to make sure that the rules for settled status better reflects what the Government told everyone about the scheme, and results in more proportionate and fairer decision making”. JCWI “will pursue their outstanding concerns about the scheme via their campaign[ing] and policy work”.
It has been a very good week for JCWI. On 1 March, the organisation won a comprehensive High Court victory in which the government’s Right to Rent scheme was held discriminatory and in breach of human rights law.
Пятница не была исключением.
Только что получил уведомление из Home Office о том, что курьер DX сегодня доставит 4 новые BRP карточки клиентам:
3 x BRP - ПМЖ (ILR - Settlement) для семьи из трех человек. Жертвы домашнего насилия. Подавали заявление через Super Premium Service - рассмотрение за 24 часа
1 x BRP - ПМЖ (ILR - Settlement) для ребенка старше 18 лет из семьи инвестора (Tier 1 Investor). Подавали заявление через Super Premium Service - рассмотрение за 24 часа
Как всегда, заявления подавались по новой системе, т.е. никаких оригиналов, никакой отсылки документов куда-либо по почте. Все было оформлено в кратчайшие сроки, т.к. как всегда с Legal Centre.
>>> Bringing a surrogate born child into the UK ?
You can use the following resources to understand how to bring a surrogate born child into the UK:
- Nationality policy: surrogacy - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/631645/nationality-policy-surrogacy-v1.0EXT.pdf
- UKBA Inter-country surrogacy and the immigration rules - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/261435/Intercountry-surrogacy-leaflet.pdf
- FCO Surrogacy Overseas - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/477720/new_1.pdf
>>> EU law “extended family members” get appeal rights under new regulations: http://www.legislation.gov.uk/uksi/2019/468/contents/made
The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of Justice ruling allowing extended family members to avail of the Surinder Singh immigration route.
What is an extended family member?
An “extended family member” is the UK version of what in EU law is called an “other family member” in Article 3 of Directive 2004/38. There are broadly three types of extended family member:
1. Dependants or members of the household of the EEA national who are dependent or members of household both before and after entry
2. A relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner
3. A partner in a “durable relationship” with the EEA national
The free movement rights of extended family members are less strong than for direct family members such as spouses, children and dependent parents. For example, in the UK an extended family member must be granted a residence card in order to have full free movement rights.
The regulations also implement the Court of Justice of the European Union ruling in C‑89/17 Banger v UK, also as of 28 March. This is mostly done by changing “family members” to “family members and extended family members” in various bits of Regulations 7 and 9 of the EEA Regulations 2016.
Zambrano carers
Zambrano carers etc will be able to apply for post-Brexit settled status. There is a technical change made to the EEA Regulations to cater for this. In force from 28 March 2019.
>>> UKVI Guidance: Settled and pre-settled status for EU citizens and their families: https://www.gov.uk/settled-status-eu-citizens-families?utm_source=b8af47c8-c7a2-4c52-ae8c-629efebf865a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU (‘Brexit’): who’s eligible, how to apply, how much it costs.
>>> UKVI Guidance: Visiting the UK after Brexit: https://www.gov.uk/guidance/visiting-the-uk-after-brexit?utm_source=bfe591e7-793c-451b-89dc-9a7679257f13&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
What you’ll need to do to visit the UK after the UK leaves the EU on 29 March 2019, including whether you’ll need to apply for a visa.
Corrected information about mobile roaming so that it now covers what happens if your SIM card was issued by a mobile phone network from an EEA country
>>> Tier 1 (Investor) key changes:
Under the New Rules, the key changes under the Tier 1(Investor) programme are:
require investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present)
require UK banks to confirm they have carried out the checks they are required to make before opening an investment account
exclude investment in government bonds
tighten the rules around investment in companies
>>> UKVI Guidance: Points-based system: Tier 5 (Temporary Worker): https://www.gov.uk/government/publications/points-based-system-tier-5-temporary-worker?utm_source=c643c38a-2a06-4e25-895c-067b01f47e29&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance for how UK Visas and Immigration considers applications as a Tier 5 Temporary Worker in the points-based system.
>>> UKVI Guidance: Settled and pre-settled status for EU citizens and their families: https://www.gov.uk/settled-status-eu-citizens-families?utm_source=b8af47c8-c7a2-4c52-ae8c-629efebf865a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU (‘Brexit’): who’s eligible, how to apply, how much it costs.
>>> UKVI Guidance: Visiting the UK after Brexit: https://www.gov.uk/guidance/visiting-the-uk-after-brexit?utm_source=bfe591e7-793c-451b-89dc-9a7679257f13&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
What you’ll need to do to visit the UK after the UK leaves the EU on 29 March 2019, including whether you’ll need to apply for a visa.
Corrected information about mobile roaming so that it now covers what happens if your SIM card was issued by a mobile phone network from an EEA country
>>> Tier 1 (Investor) key changes:
Under the New Rules, the key changes under the Tier 1(Investor) programme are:
require investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present)
require UK banks to confirm they have carried out the checks they are required to make before opening an investment account
exclude investment in government bonds
tighten the rules around investment in companies
>>> UKVI Guidance: Points-based system: Tier 5 (Temporary Worker): https://www.gov.uk/government/publications/points-based-system-tier-5-temporary-worker?utm_source=c643c38a-2a06-4e25-895c-067b01f47e29&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance for how UK Visas and Immigration considers applications as a Tier 5 Temporary Worker in the points-based system.
>>> No, a visa application sent by post is not an “online application”, sighs judge: https://www.bailii.org/ew/cases/EWCA/Civ/2019/368.html
A visa application form filled in on a computer, printed off and posted to the Home Office is not an “online application”. That is probably no surprise to anyone but the appellant in R (Shah) v Secretary of State for the Home Department [2019] EWCA Civ 368, who tried to argue that a “print and send” application for a student visa was actually an online application.
Lord Justice Haddon-Cave thought that an “unreal” proposition:
"In my view, it is quite clear that the “print and send” method used by the Appellant was the “specified application form” method under paragraphs A34-34D of the Immigration Rules and it was not an “on-line application”. The reasons are, frankly, obvious (a) from the face of the official website and the form, (b) from what in fact the Appellant did and (c) from a sensible reading of the Immigration Rules".
>>> Irish citizens cannot get early release from prison via deportation: https://www.bailii.org/ew/cases/EWHC/Admin/2019/488.html
A deportation case with a twist: R (Foley) v Secretary of State for the Home Department [2019] EWHC 488 (Admin) involved an Irish citizen who requested deportation but was denied it. The judgments make the rationale for what seems an odd request maddeningly obscure, but the reason is simple: being deported means being released from prison earlier would otherwise have been the case.
>>> Supreme Court: second or subsequent human rights claims do not attract automatic right of appeal: https://www.supremecourt.uk/cases/uksc-2017-0211.html
The Supreme Court has finally laid to rest the argument that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014. They don’t, say their lordships. The meaning of “human rights claim” in section 82 as amended is to be read as “original human rights claim”. It follows that “protection claim” should be read in the same way.
>>> Most recent Home Offiice's answers in relation to the New System application process
Q: Can a Tier 1 (Investor) apply for extension and/or Settlement via a 24-hour service ?
A: Tier 1 (Investors) applying for leave to remain and to extend their stay to indefinite leave to remain can make an online application for a standard 8-week consideration or a priority 10-day consideration. Also, Tier 1 (Investors) applying for settlement can also make an online application for a priority 10-day consideration. Priority 10-day considerations cost an additional fee of £477 which provides a faster consideration within 10-days of receiving the visa application, providing all the relevant evidence, including biometric (photograph and fingerprints) are submitted.
Q: Can a Tier 1 (Entrepreneur) applicant for settlement get a decision within 24 hours (or any level of expedition)?
A: At this moment Tier 1 (Entrepreneur) cannot apply for a priority 10 day or super priority 24 hour consideration.
Q: Can children over 18 be added to the FLR(M), SET(M), SET(O) etc forms or should they apply separately ?
A: Over 18 children can be added, but they need to have leave in that category already and not be living an independent life; if they do live an independent life, they need to submit the application in their own right.
Q: Can I travel while my application is being considered ?
A1: If you are applying for leave to remain, or indefinite leave to remain, you should not leave the UK until you have received a decision on your application. If you travel outside the “Common Travel Area” (CTA) before the decision is made on your application, your application will be treated as withdrawn.
A2 If the decision is made while you are outside the UK and your current leave has expired, you will not have a right to return to the UK and you may be refused entry at the UK border.
A3 In terms of stages, the application is only classed as withdrawn if the customer has received their passport back from UKVI, if they haven’t submitted it then the customer can travel without the application being withdrawn, however, they will need to be aware that having made an application does not give them an automatic right to re-enter the UK. If they have extant leave when they leave the UK then they can re-enter.
Q: How much time do I have to enroll for the biometric from the date I submit my online application ?
A: An applicant has up to 45 days to enroll for the biometric sine submitting the online application
Q: Do I still need to bring my originals documents for the biometric appointment ?
A: Applicants do not need to bring along the original supporting documents, however, applicants can choose to do so if they wish. All applicants must take their original travel document/passport to their appointment
Q: How can I withdraw/cancel the application ?
A: Use this link: https://www.gov.uk/cancel-visa
Q: Can Tier 2/4/5 Employers apply for their licenses via the New Service ?
A: Applications from organizations to become Tier 2/4/5 sponsors are not in scope for the new Front-End Service. Customers applying for this will continue to use the existing service. Currently there is not the functionality to upload the supporting evidence for these applications.
>>> PhD-level jobs to be exempt from work visa quota: https://www.gov.uk/government/speeches/spring-statement-2019-philip-hammonds-speech
The government has announced some changes to the immigration system to give the impression that the UK is a welcoming and functioning country despite the ongoing chaos of Brexit.
Chancellor Philip Hammond, giving a Spring Statement economic speech yesterday, said that PhD level jobs would be taken out of the cap on Tier 2 work visas and globe-trotting researchers made exempt from settlement rules that penalize lengthy absences from the UK.
A written ministerial statement says:
"From Autumn 2019, PhD-level occupations will be exempt from the Tier 2 (General) cap, and at the same time the government will update the immigration rules on 180-day absences so that researchers conducting fieldwork overseas are not penalized if they apply to settle in the UK.".
>>> Tech Nation to endorse new innovator and start-up visas… but not until September 2019
The government announced on 7 March that two new immigration categories will appear in the Immigration Rules from 29 March 2019 — the innovator and start-up visas.
Since then, lawyers and prospective applicants have been eagerly waiting to see who the endorsing bodies will be. (An application for a visa in either category cannot be made until the business idea has been assessed by an approved endorsing body and they have agreed to officially endorse the applicant.)
It came as no surprise that the Tech Nation will be one of those endorsing bodies. The technology network is already an endorsing body for applicants applying under the tech arm of the Tier 1 (Exceptional Talent) visa.
Interestingly, the Tech Nation won’t be providing any endorsements for anyone applying under the innovator or start-up routes until September 2019, according to their web-site. This means that Tech Nation will not be issuing endorsements until some time after applications for visas can be made (which appears, from the wording of the Statement of Changes, to be from 1 August 2019).
In September 2019, Tech Nation will begin processing endorsement applications on behalf of digital technology entrepreneurs for both of these new routes, building upon our successful operation of the Tier 1 Exceptional Talent visa and extending our support for international entrepreneurs wishing to establish their tech business in the UK.
Hopefully the other endorsing organization will be announced soon, too.
>>> Judge suspends Home Office removals policy: http://www.medicaljustice.org.uk/high-court-suspends-unscrupulous-policy-of-removing-unwanted-migrants-from-the-uk-without-warning/
The High Court has suspended the Home Office’s removals policy with immediate effect. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for at least the next few weeks.
>>> Family reunion - Asylum policy guidance on family reunion applications: https://www.gov.uk/government/publications/family-reunion-instruction
Updated guidance
>>> Clarification of the start-date of Start Up and Innovator visas
The Home Office have confirmed that the start date of the new Start Up and Innovator categories is in fact 29 March.
The Home Office also confirmed that it is not parts W2-W4 of the Appendix that come into force on 1 August but part W2-W4 of the Statement of Changes relating to a small change to the definition of higher education institutions.
"Go figure" (c)
>>> Making it harder for Turkish citizens to settle in the UK is for their own good, judge says: https://www.bailii.org/ew/cases/EWHC/Admin/2019/603.html
In March 2018, the Home Office stunned the Turkish community by abolishing the route to settlement in the UK that had existed under the Ankara Agreement. It did issue replacement rules for Turkish businesspeople to get indefinite leave to remain a few months later, but these were more stringent than what had existed before. Applicants can now only get settlement after five years (it had been four), must pay an application fee (£2,389) and pass an English language test.
A group of Turkish citizens already living in the UK challenged this retrospective change in R (Alliance of Turkish Businesspeople Ltd) v Secretary of State for the Home Department [2019] EWHC 603 (Admin). They contended that the Home Office had pulled the rug from under them: in legal terms, that they had a legitimate expectation of getting indefinite leave to remain under the old rules when they decided to come and live in the UK. The group argued that frustrating this expectation was so unfair as to be unlawful.
The High Court, in a decision handed down on Monday, accepted that there was a legitimate expectation there but held that frustrating it was justified.
>>> Home Office launches seven new appointment centres for complex cases: https://www.gov.uk/government/news/dedicated-support-centres-for-complex-cases--2
The Service and Support Centres (SSC) will provide a free service for those who may be in a position of vulnerability or who may have complex circumstances and would therefore benefit from an enhanced service.
Experienced UKVI staff will provide a face to face service and help people throughout their immigration application. The hands-on service will help make sure the right information and evidence is captured, so that individuals apply under the route most appropriate for their circumstances. The centres may be accepting applications under the following categories:
-applying under a family route
-applying to join as a dependant
-applying for family reunion
-applying on the basis of statelessness
-who qualify for a fee waiver or fee exemption
-applying under the domestic violence route
-making further submissions after a failed asylum claim
-who are required to only enrol their biometric information
The SSCs will be in Belfast, Cardiff, Croydon, Glasgow, Liverpool, Sheffield and Solihull.
Immigration Minister Caroline Nokes said:
"I want an immigration system which is flexible and a key part of that is to make sure we provide enhanced support to those who need it.
These new centres will have experienced staff on hand to help guide people through the process so that they can get any support they may need, but importantly to help make sure they provide the right information first time.".
The hands-on support at the new centres will help reduce the number of instances where further information is requested, as staff will help people understand what information and evidence they need to provide.
People with exceptional circumstances, such as serious medical issues or destitution, may also qualify for travel assistance or mobile services.
The online application will intuitively lead the person through the process making it clear what they need to do, what supporting evidence they will need and where they will need to go to complete their application.
The service will also be open to a range of people, including those who are applying based on family or private life or if they have been granted a fee waiver.
>>> UKVI Guidance: EU exit: eligibility arrangements to access public funds after free movement ends if there is no deal: https://www.gov.uk/government/publications/eu-exit-eligibility-arrangements-to-access-public-funds-after-free-movement-ends-if-there-is-no-deal
Guidance detailing eligibility requirements to access public funds that will apply in a no deal scenario for EEA and Swiss nationals who arrive after the UK exits the EU.
>>> Start-Up and Innovator Visas go live today. Some useful links:
a) The New Start-Up visa: https://www.gov.uk/start-up-visa
b) The Start-up visa endorsement bodies: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789490/Start_Up_endorsing_bodies_list.pdf
c) The New Innovator visa : https://www.gov.uk/innovator-visa
d) The Innovator Visa endorsement bodies: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789486/Innovator_Endorsing_bodies_list.pdf
e) Guidance for the Start-Up and Innovator Visas endorsement bodies: https://www.gov.uk/government/publications/start-up-and-innovator-endorsing-bodies-guidance
Immigration lawyers and applicants were expecting guidance for potential applicants to be published now that it is in theory possible to apply for the new visas. So far there is none, and we are hearing that there will be none. Instead there will be just the rules in the new Appendix W. If correct, that would be in line with the desire to make the system less odiously complex for all concerned, although it does represent a step change for the lawyers.
>>> Where to apply for certain types of the UK Visas Guidance: https://www.gov.uk/government/publications/where-to-apply-ecb05/ecb5-where-to-apply-the-policy
1. Applications for short-term visas, EEA family permits, Tier 5 and Tier 1 (Exceptional Talent)
You can make applications for a visit visa, a short-term study visa, an EEA family permit, Tier 5 or Tier 1 (Exceptional Talent) entry clearance in any visa application centre, British diplomatic mission or consular post overseas where entry clearance applications are accepted.
You should be present legally in the country or territory you’re applying from.
2. Applications for other entry clearance
Applications for other types of entry clearance should be made in the country in which you are living.
Where there is no post in the country where you live, you should make the application to the appropriate application post.
>>> EU Settlement Scheme: application fee refunds: https://www.gov.uk/guidance/eu-settlement-scheme-application-fee-refunds?utm_source=db925eb2-919d-4b79-904e-51af5997e40d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Information for applicants to the EU Settlement Scheme on how refunds are processed if you paid an application fee.
>>> UKVI Guidance: Statement of Changes to the Immigration Rules: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-2099-1-april-2019
A new Statement of Changes has come out.
It is very short (8 pages). It tweaks Appendix EU and AR to account for Brexit not being 29 March, and to amend certain provisions in Appendix AR from 'leave to remain' to 'leave to enter or remain'.
>>> UKVI Guidance: indefinite leave to remain: calculating continuous period in UK: https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk
>>> Guidance on calculating the 5 year continuous period in the UK requirement for an applicant updated: https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-2-worker
UKVI Guidance: guidance on Tier 2 applications
Guidance to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.
>>> UKVI Guidance: Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5): https://www.gov.uk/government/publications/guidance-for-dependants-of-uk-visa-applicants-tiers-1-2-4-5?utm_source=0eee837f-2ed8-41c7-9c53-75ca4fd5d2ec&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants).
Updated guidance.
>>> UKVI Guidance: Registration as a British citizen: children of British parents: https://www.gov.uk/government/publications/children-of-british-parents-nationality-policy-guidance?utm_source=b4310cfd-88b8-4175-9b38-059f0b0c356d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance on applications for registration as a British citizen from children of British parents.
Updated guidance.
>>> UKVI Guidance: Tier 1 (Entrepreneur) policy guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwj9leODxrHhAhXNyYUKHZbTC5UQFjAAegQIAxAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789580/Tier_1__Entrepreneur__Policy_Guidance_-_0319.pdf&usg=AOvVaw2ctMSyprG8I9axAe5f40tn
Guidance to apply to come to the UK as a Tier 1 (Entrepreneur) or to extend your stay updated
and Guidance for how UK Visas and Immigration considers applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS): new guidance document added https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&ved=2ahUKEwi697qkxrHhAhVHThoKHZ8yDngQFjAAegQIARAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789142/tier-1-entrepreneur-v24ext.pdf&usg=AOvVaw2eYbc_3Rp3vIhDQZqr_19G
>>> UKVI Guidance: on application for UK visa as Tier 1 Investor: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=13&ved=2ahUKEwjj-b7ExrHhAhVEJhoKHTsdBBsQFjAMegQIAhAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/722474/Tier_1__Investor__Policy_Guidance_07.18.pdf&usg=AOvVaw1YKbCXNb-jlt3G_AnHDTZq
Guidance to apply to come to the UK as a Tier 1 (Investor) or to extend your stay updated
>>> UKVI Guidance: on family members of British citizens: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=2ahUKEwiolfjBx7HhAhUCJhoKHbj6BI0QFjABegQIChAE&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/606291/Family-members-of-British-citizens-v2_0.pdf&usg=AOvVaw2T9AHjaY8FWb7SUG9vrupC
Guidance on how to consider an application for a residence card made by a family member of a British citizen.
> UKVI Guidance: on extended family members of EEA nationals: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjFmafRx7HhAhUSzhoKHYy_A98QFjAAegQIABAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/715659/Extended-family-members-V6.0.pdf&usg=AOvVaw0GBxiG_rcdq7V5AHsqtor0
Guidance on applications from an extended family member of a European Economic Area (EEA) or Swiss national updated
>>> UKVI Guidance: Family members of points-based system migrants guidance updated: https://www.gov.uk/government/publications/family-members-of-points-based-system-migrants
Guidance for how UK Visas and Immigration considers applications to enter or remain in the UK as a dependant of a PBS migrant updated
>>> When does the 10 year ban under Para 320 not apply ?
Partners under Appendix FM are exempted from 320(7B) under A320.
Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.
>>> EU citizens cannot rely on human rights in appeals against refusals: https://www.bailii.org/uk/cases/UKUT/IAC/2019/91.html
In Munday (EEA decision: grounds of appeal) [2019] UKUT 91 (IAC) the tribunal has reiterated that in appeals against EU residence decisions, the appellant cannot rely on human rights arguments, only on EU law arguments.
The official headnote:
1. In an appeal against an EEA decision under the Immigration (EEA) Regulations 2016, the sole ground of appeal is that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to and residence in the UK (sched 2, para 1).
2. Consequently, in such an appeal an appellant may not rely on human rights grounds in the absence of a s.120 notice and statement of additional grounds in which reliance is placed upon human rights or there has been an additional decision to refuse a human rights claim.
>>> Sopra Steria is experiencing issues with the biometric appointments demand. The Home Office has issued a notice about that on their web-site (visible when logging into your online application form).
>>> UKVI Guidance: Sponsor a Tier 2 or 5 worker: guidance for employers: https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers?utm_source=5cfcf188-6f7d-4322-a845-0ddc5af31d75&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guide on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor a migrant worker.
>>> UKVI Guidance: Naturalisation as a British citizen by discretion: nationality policy guidance: https://www.gov.uk/government/publications/naturalisation-as-a-british-citizen-by-discretion-nationality-policy-guidance?utm_source=3e882897-ec9d-42c0-b2a6-726f909550fe&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance on applications for naturalisation as a British citizen.
New guidance document uploaded.
>>> Caught by the change (increase) of the CoP salary under the Tier 2 General ?
Fear not, as there is a transitional arragement which covers this scenario in the new SG. The employer just must pay at the higher rate but no need to do a new RLMT, under the ara 28.26.
>>> High Court on how to save a sponsor licence: https://www.bailii.org/ew/cases/EWHC/Admin/2019/761.html
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation.
>>> Immigration and nationality fees lack “basic fairness”: https://www.gov.uk/government/publications/an-inspection-of-the-policies-and-practices-of-the-home-offices-borders-immigration-and-citizenship-systems-relating-to-charging-and-fees
An inspection of the policies and practices of the Home Office’s Borders, Immigration and Citizenship Systems relating to charging and fees
>>> BRP lost or stolen ?
The following page explains what to do in case your BRP is lost or stolen, including overseas: https://www.gov.uk/biometric-residence-permits/lost-stolen-damaged
>>> Migrants can be deported as “persistent offenders” even if crime-free for years: https://www.bailii.org/ew/cases/EWCA/Civ/2019/551.html
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551.
>>> Need to cancell your immigration or citzienship application ?
Here is the link to cancel your immigration or citizenship application: https://www.gov.uk/cancel-visa
>>> EEA Family Permit or the Settlement Scheme Family Permit ?
There is a difference, indeed. Find all the details at : https://www.gov.uk/government/publications/eu-settlement-scheme-family-permits
Purpose of the EUSS family permit
The EUSS family permit facilitates entry into the UK of an eligible non-EEA citizen family member without a valid biometric residence card – a valid residence card or permanent residence card issued by the UK under the Immigration (European Economic Area) Regulations 2016 on the basis of an application made on or after 6 April 2015 – in order to join in, or accompany to, the UK an EEA or Swiss citizen who has been granted indefinite or limited leave under the EUSS.
A non-EEA citizen family member outside the UK with a biometric residence card can apply for an EUSS family permit to join or accompany an EEA or Swiss citizen who has been granted leave under the EUSS. However, a non-EEA citizen who is outside the UK and has a valid biometric residence card can travel to the UK with that document and a valid passport. From 07:00 am on 9 April 2019, they can also apply directly for leave under the EUSS from outside the UK.
Reference to ‘the Islands’ in this guidance is, as defined in Annex 1 of Appendix EU (Family Permit), to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.
Distinction from the EEA family permit
The EUSS family permit operates alongside the EEA family permit, which continues to provide a separate entry clearance route for those who qualify for it.
The EEA family permit provides for entry into the UK of a non-EEA citizen family member of an EEA or Swiss citizen who is exercising Treaty rights, as implemented in UK law through the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations). For further guidance, see EEA family permit guidance
Non-EEA citizen family members who may be eligible for the EEA family permit but are not eligible for the EUSS family permit include:
• extended family members as defined in the EEA Regulations: durable partners and dependent relatives
• persons with a derivative right of residence in the UK (i.e. ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases)
• persons who have lived with a British citizen exercising EU Treaty rights in another EEA country before returning to the UK to live (‘Surinder Singh’ cases)
• persons whose EEA or Swiss citizen family member has not been granted leave under the EUSS
Durable partner
The durable partner of a relevant EEA citizen, as defined in Annex 1 of Appendix EU (Family Permit), is not able currently to apply for an EUSS family permit: they will be able to do so after the end of the planned implementation period on 31 December 2020. For the time being, they can apply for an EEA family permit.
>>> EU Settlement Scheme: apply for an administrative review: https://www.gov.uk/guidance/eu-settlement-scheme-apply-for-an-administrative-review?utm_source=6dc48f5d-e699-4fc8-a063-bb2f5dd123d2&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
How to apply for an administrative review under the EU Settlement Scheme.
>>> Application for a certificate of entitlement to the right of abode (form ROA): https://www.gov.uk/government/publications/application-for-a-certificate-of-entitlement-to-the-right-of-abode-form-roa
Apply for a certificate of entitlement showing you have the right to live and work in the UK, if you are in the United Kingdom, the Channel Islands or the Isle of Man.
>>> Cannot provide a proof of identity ?
Then the para 34(5)(c) may be of help:
Para34(5)(c) of the rules sets out that an applicant can provide a good reason
beyond their control why they cannot provide any proof of identity. Reasons may
include the following (this list is not exhaustive):
• there is no longer a functioning national authority to provide a new document
• there is no Embassy or consular service for their country in the UK
• there is a national authority to apply for a document, but they have run out of
documents
• the applicant has made an application for a replacement document, but the
issuing authority was not able to provide it before the application was made
• the applicant cannot obtain a document for reasons of national or personal
security
• the national authority has unreasonably refused to provide a document, for
example, if the national authority:
- will only provide a passport if the applicant applies in person but there is no
provision to apply in person in the UK
- puts unreasonable barriers in place for the applicant
Paragraph 34(6) of the Rules states that you may ask the applicant to provide
alternative satisfactory evidence of their identity and nationality. For example, this
could be a combination of:
• birth certificate
• driving licence
• national health card
• national service document
>>> How to invest: Court of Appeal gives important guidance to entrepreneurs: https://www.bailii.org/ew/cases/EWCA/Civ/2019/720.html
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications.
The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways in which entrepreneur migrants can do this. It is a textbook example of the lack of flexibility and confusion inherent in the Points Based System, and required reading for migrants in this route considering how to invest their funds.
>>> EU citizens retain worker status for six months after two weeks’ work: http://curia.europa.eu/juris/document/document.jsf?text=&docid=212902&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=1739461
The Court of Justice of the European Union has ruled that EU nationals retain their status as workers for six months, even if they have only worked for two weeks in the host country.
>>> UKVI Guidance: derivative rights of residence: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiqxM-7iITiAhX3DmMBHYqbDZ0QFjAAegQIAhAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/684300/derivative-rights-v4.0ext.pdf&usg=AOvVaw1fnnNbi0pl6pudEn66NKum
Please note that the pages 52-53, which contains very different material to what have been previously known
Namely:
"Alternative means to remain in the UK
A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.
As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).
Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.
In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.
This means that a Zambrano application must be refused if the applicant:
• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available
• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child
Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at www.gov.uk/uk-family-visa.
If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance."
>>> UKVI Guidance: list of endorsing bodies for start-up and innovator visas updated
Start-up: https://www.gov.uk/government/publications/endorsing-bodies-start-up
Innovator: https://www.gov.uk/government/publications/endorsing-bodies-innovator
>>> Visiting the UK after Brexit: https://www.gov.uk/guidance/visiting-the-uk-after-brexit?utm_source=148fe30d-9dd1-41d6-a215-d7e37c9c16d0&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
What you'll need to do to visit the UK after the UK leaves the EU, including whether you'll need to apply for a visa.
>>> European Court of Human Rights awards substantive damages for breach of detention policy: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-192654%22]}
The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) (application no. 62824/16) is only a decision of the court’s First Section and will not necessarily be followed by other sections of the Strasbourg court or domestic courts, but it might herald a more rigorous approach to ensuring that the Home Office sticks to its published policy.
>>> UKVI Guidance: List of approved English language tests and providers: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=11&ved=2ahUKEwjClsadjI7iAhXeDmMBHeoxD6wQFjAKegQIABAC&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/799526/Approved_Secure_English_Language_Tests_and_Test_Centres__-_website_01.05.2019.pdf&usg=AOvVaw2lzvPjO0jt4smsPhcZdNYh
>>> Do you still believe that you can do the immigraton yourself with no legal immigration law experience ? Read on what you are facing: https://www.freemovement.org.uk/the-absolute-state-of-the-uk-visa-application-system/
>>> FOI request reveals no applications for Start-up or Innovator visas as of 12 April 2019
>>> Refugee to be deported to Somalia after 30 years in UK following robbery conviction: https://www.bailii.org/ew/cases/EWCA/Civ/2019/774.html
The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British children. He also had 27 criminal convictions to his name, the most recent of which was a robbery leading to a two-year prison sentence. The case is AM (Somalia) v The Secretary of State for the Home Department [2019] EWCA Civ 774.
The UK Borders Act 2007 obliges the Home Office to deport any foreign national who receives a sentence of 12 months or more. There are some limited exceptions to this requirement, including where deportation would breach EU law (while that still applies), the UN Refugee Convention, or human rights law.
AM attempted to rely on the Refugee Convention and human rights law but ultimately failed and now faces deportation.
>>> Home Office increases spending on child asylum seekers: https://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-05-08/HCWS1543/
The Home Office has announced that councils will get more money to care for children who arrive in the UK alone to seek asylum.
Councils used to get between £71 and £114 per child per day, depending on the age of the child and when they arrived in the UK. From now on it will be £114 per child per day across the board, backdated to 1 April 2019.
The Home Office says that this represents a total increase of £30 million a year. To put this context, council spending on these children was £152 million in 2017/18 — almost double the amount needed four years earlier. The Home Office does not say how much the funding increase brings its total outlay to, but it doesn’t seem to be fully reimbursing the councils: it says that it “provides a contribution to their costs”.
>>> UKVI guidance: Added information on right to rent checks for EU, EEA and Swiss citizens now and after Brexit: https://www.gov.uk/guidance/right-to-rent-checks-for-eu-eea-and-swiss-citizens-after-brexit
Information for landlords and letting agents on right to rent checks for EU citizens and their family members in the private rented sector in England now and after the UK leaves the EU.
>>> Big Home Office policy change: Zambrano carers need to make a human rights application first: https://www.gov.uk/government/publications/derivative-rights-of-residence
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must first make a human rights application under British immigration law. In other words, applicants no longer have a choice between using Zambrano or using the UK Immigration Rules; they must do the latter first if eligible, or will have their Zambrano applications refused.
Получил подтверждение что заявление клиентки о натурализации было одобрено и клиентку приглашают на церемонию для получения сертификата о натурализации.
Клиентка раньше попробовала подать заявление сама и получила отказ.
В этот раз и уже с моей помощью ее заявление рассмотрели положительно и быстро:
>>> No exemption from NHS charges for human rights applicants: https://www.bailii.org/ew/cases/EWHC/Admin/2019/1249.html
R (ERA) v Basildon And Thurrock Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin) is about whether someone who has applied for leave to remain in the UK on human rights grounds can get the same exemption from NHS charges as asylum seekers.
Unfortunately for ERA, then, the exemption does not cover a human rights claim unless it also falls into the category of temporary protection, asylum or humanitarian protection claims.
>>> Investor and Start-up visa update: CodeBase withdraws as sponsor
CodeBase has made the following announcement, withdrawing itself as a sponsor of Investor and Start-up visas.
"CodeBase has made the decision to withdraw as an endorsing body for the UK Government start up visa / innovator visa programmes. If you require any further information on the programmes and/or other endorsing bodies, please visit one of the following websites:
start-up visas - https://www.gov.uk/start-up-visa
innovator visas - https://www.gov.uk/innovator-visa
Team CodeBase"
>>> UKVI News: Government expands use of ePassport gates to 7 more countries: https://www.gov.uk/government/news/government-expands-use-of-epassport-gates-to-7-more-countries?utm_source=4f25fffe-9c70-480a-a31d-d717e88f85c7&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
From today (Monday 20 May), visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States will be able to use ePassport gates at ports across the UK and juxtaposed controls in a move designed to speed up border controls for low-risk countries.
>>> UKVI Guidance: Australia: apply for a UK visa: https://www.gov.uk/government/publications/australia-apply-for-a-uk-visa?utm_source=8d2ff5ae-4075-41e6-aa20-eb0dc7d4a615&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Information about applying for a UK visa in Australia.
Added note clarifying that super priority service is not available.
>>> UKVI Guidance: New Zealand: apply for a UK visa: https://www.gov.uk/government/publications/new-zealand-apply-for-a-uk-visa?utm_source=7e41f08f-d9cc-4414-a19f-26167b2f6946&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Information about applying for a UK visa in New Zealand.
Added note clarifying that super priority service is not available.
>>> Six things we learned about the English language testing scandal from NAO report: https://www.nao.org.uk/report/investigation-into-the-response-to-cheating-in-english-language-tests/
The National Audit Office, a government watchdog, has released an authoritative report on the long-running English language testing scandal. The discovery in 2014 that there was widespread cheating on the English tests required for UK visas led to a Home Office crackdown affecting tens of thousands of people, many of whom protested that they were innocent.
The NAO’s assessment suggests that they were right. The heavy-handed official response — “deport ’em all and let God sort them out” — took little account of the potential for wrongful accusations...
Here are some highlights of the NAO’s report:
1. There definitely was cheating on English language tests
2. But we’ll never know how many people actually cheated
3. The Home Office didn’t care if people were wrongly labelled cheats
4. ETS denied people the chance to clear their name
5. Dozens of colleges lost their sponsor licences
6. Thousands of people have won TOIEC appeals
The report notes that “people usually had to appeal on human rights grounds because they could not appeal the decision directly”, implying that the figure could have been much higher had there been a direct right of appeal. Around 11,400 people caught up in the scandal subsequently left the UK.
>>> “In limbo”: migrants stripped of leave to remain in the UK but can’t be removed: https://www.bailii.org/ew/cases/EWCA/Civ/2019/850.html
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it — but where they are also precluded from working, receiving benefits, renting property etc because they don’t have valid leave.
The argument put forward here was that the cumulative impact of these factors breached Article 8 of the European Convention on Human Rights, an argument ultimately rejected by the court.
>>> No new BRP cards for the non-EEA family members under the Settled/Pre-Settled scheme ?
According to the Home Office, where a family member has a valid biometric residence card, they will not receive a further physical document as a result of being granted leave under the scheme.
A person who holds a biometric residence card confirming their pre-settled status will not receive a new card if they later obtain settled status. They will instead rely on the online service to view and prove their status.
>>> Chapter 08: appendix FM family members (immigration directorate instructions): https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members?utm_source=3a2a59f1-47b1-4f70-ad5f-25c6b1dc6d52&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Updated 29 May 2019 to add partners, divorce and dissolution guidance.
>>> Start-up and Innovator visa endorsing bodies: guidance - https://www.gov.uk/government/publications/start-up-and-innovator-endorsing-bodies-guidance?utm_source=120a4a52-efa5-4bd4-a4bb-4e97e69db600&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Guidance for Innovator and Start up visa endorsing bodies.
>>> Split Court of Appeal finds asylum seeker age assessment policy unlawful: https://www.bailii.org/ew/cases/EWCA/Civ/2019/872.html
It’s not often these days that we see a positive result from the Court of Appeal, but just before the bank holiday two out of three Lord Justices declared that Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872.
The background is that, as the judgment explains, “the law requires a wholly different treatment of young asylum-seekers depending on whether they have passed their eighteenth birthday”. The Home Office is not generally supposed to put children in immigration detention, for example.
The Court of Appeal decided that both sets of guidance, “in both the current and the previous versions of those documents, are unlawful”.
>>> MAC update: Migration Advisory Committee publishes Shortage Occupation List Review: https://www.gov.uk/government/publications/full-review-of-the-shortage-occupation-list-may-2019
The Migration Advisory Committee (MAC) has published its review of the shortage occupation list (SOL) today, adding veterinarians, web designers and architects.
The MAC has also recommended a major expansion of the list of jobs that get priority for work visas.
The MAC published its recommendation for a new Shortage Occupation List yesterday. Assuming it is accepted by the Home Office, the new list would cover 9% of UK jobs compared to 1% now.
A job being on the Shortage Occupation List makes it easier for employers to hire a non-EU worker under the Tier 2 (General) work visa system.
As the review explains:
"First, there is no need to pass the resident labour market test, i.e. to demonstrate that an attempt has been made to recruit domestically. Not having to undertake this is a saving for the employer in terms of vacancy advertising and recruitment time.
Second, roles on the SOL are prioritised if the Tier 2 (General) limit of 20,700 is reached. Jobs on the SOL are automatically granted 320 points, a higher level of points than could possibly be achieved by occupations not on the SOL. In practice, this means that jobs on the SOL cannot be turned down when the cap binds.
Third, there is no requirement to meet the £35,800 salary threshold required for settlement after five years. This requirement is waived if the job title has been on the SOL at any point in those five years.
And finally, applicants (and their families) face lower visa application fees if their occupation is on the SOL."
>>> Endorsing bodies: start-up visa update : https://www.gov.uk/government/publications/endorsing-bodies-start-up?utm_source=afe58236-a9c0-4724-ab91-7b1945e8dfa4&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
List of authorised organisations for a start-up visa
>>> UKVI Guidance: Endorsing bodies: innovator visa update: http://www.ilpa.org.uk/resource/35504/ukvi-guidance-endorsing-bodies-innovator-visa-30-may-2019
List of authorised organisations for an innovator visa.