18 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Validity dates of Biometric residence permits (BRPs)
NB ! )- DO NOT mix it with the BRC (EU law) permits ! BRP and BRC are the TWO different things. Old type BRC (EU Family Members) must be replaced beofore the 1st July 2021.
From the Home Office:
"To comply with EU regulations and to include the next generation of encryption technology, BRPs will contain a valid until date of 31 December 2024. This means that some BRPs will be issued with a validity date shorter than that of the leave granted. The date restriction does not change any of the conditions or validity of the leave.
It was the intention to resume issuing BRPs for the full duration of the leave (or 10 years in the case of Indefinite Leave to Remain) once the existing EU restrictions fell away in January 2021. However, in line with our wider ambition to move away from BRPs to a purely digital status by 2024, we are maintaining the practice of short-dating BRPs.
The BRP collection letter the customer receives will inform them of this and a similar message is due to be included in the BRP letter issued with the entry clearance."
From the Legal Centre (www.legalcentre.org):
Note that there may no longer be any plastic BRC/BRP cards issued from 2025; the Home Offie plans to start using digital (virtual status) akin to those currently issued to EU ctizens: https://legalcentre.org/files/Home_Office_digital_status.jpeg
>>> End of EEA Family Permit on 30 June
The EEA family permit is ending on 30 June 2021. This means that no new applications for an EEA family permit will be accepted after this date.
Any EEA family permit, regardless of the date it was issued, or the validity date printed on it, cannot be used for travel to the UK after 30 June 2021. Instead people may be able to apply for an EU Settlement Scheme family permit to come to the UK.
Holders of an EEA family permit can still use this document as evidence of that family relationship for the period the permit is valid, for example in an application to the EU Settlement Scheme or for an EU Settlement Scheme family permit.
Updated communications will be released by the Home Office shortly to advise applicants, at all stages of an application, of the limitations of the use of an EEA family permit.
“If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed
Your Indefinite Leave to Remain in the UK (ILR) or Indefinite Leave to Enter the UK (ILE) will lapse if you are absent from the UK for over 2 years.
If your ILR/ILE lapsed on or after 24 January 2020, and you’ve been unable to return to the UK due to travel restrictions in place relating to coronavirus, you may apply under the Returning Resident visa route to return to the UK and get indefinite leave.
You need to complete the online Returning Resident application form and pay the fee. As part of your application you’ll need to explain how coronavirus restrictions prevented your return to the UK.
You’ll receive a refund of the application fee and, where applicable, a refund of £55 if you submitted your application at a Mandatory User Pay Visa Application Centre. Confirmation of your refund will be sent to you by email once we’ve made a decision on your application.
If you’ve already been issued a Returning Resident visa
If you’ve already obtained a Returning Resident visa because your ILR/ILE lapsed on or after 24 January 2020 and you were unable to return to the UK due to travel restrictions in place relating to coronavirus, you may be eligible for a refund of your visa fee.
You will need to email the Covid Immigration Helpline (CIH).”
19 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> One last chance for those who already have an onld (EU type) residence card, but do not have EU settled status: https://www.gov.uk/uk-residence-card
From the Home Office:
"If you do not have EU settled or pre-settled status your card will be valid until 30 June 2021.
After 30 June 2021, you’ll be able to use your card only once to travel to and enter the UK. To remain in the UK you’ll need to apply to the EU Settlement Scheme within 28 days."
21 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Parental consent requirement for a Child Student
24 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
A very nice surprice to get a case that helps immigration lawyers. The case of EH (PTA: limited grounds; Cart JR) Bangladesh [2021] UKUT 117 (IAC) confirms that a grant of permission to appeal by the Upper Tribunal, even on limited grounds, cannot be judicially reviewed. But where permission is granted, all grounds of appeal can be argued even if permission was only granted on some of those grounds.
The Civil Procedure Rules only permit a Cart (or Eba for those in Scotland) judicial review when permission is refused but not where it is granted (even if only on restricted grounds). Interestingly, if permission is granted on restricted grounds, unless a specific direction is made, the application for permission to appeal stands as the notice of appeal i.e. all grounds in the granted application can be argued (Rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008). And finally, even if a direction is pronounced, under Rule 5, an application can be made to amend, suspend, or set aside that direction.
The obvious advantages to parties are:
- not having to raise costly and time-consuming judicial review proceedings challenging partial grants of permission
- the process will generally be confined only to the Upper Tribunal, making it much more streamlined
It is probably best to have a copy of the judgment in hand when availing of it because it’s probably not going to be making the judges happy :-)
25 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 also untangles and explains some of the previous case law about deprivation of citizenship on the basis of deception.
"We have increased the number of appointments released each week. As a result, appointments are available to meet the recent surge in demand for replacement Biometric Resident Permits (BRP) and Biometric Residence Cards (BRC).
This means BRP/BRC applications received after 17.30 pm on 20 May 2021 will be able to book a UKVCAS appointment as soon as you register with UKVCAS. You no longer have to wait to hear from UKVCAS as you will not be able to progress your application using the IDV app.
BRP/BRC applications received before 17.30 on 20 May 2021, look out for an email sent to your registered UKVCAS email address called:
Book your UKVCAS appointment now; or
Download the IDV app now"
27 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Face-to-face learning required for international students from 27 Sept 2021: ?utm_medium=email&utm_campaign=govuk-notifications&utm_source=6701857d-250e-4ef4-8be7-b827409d819f&utm_content=daily
The Home Office updated its Covid-19 guidance for overseas students and education providers. By far the most significant change relates to the distance learning concession introduced last year. Providers can still commence the sponsorship of new students who will initially study via distance or blended learning but only if “they intend to transition to face-to-face learning from 27 September 2021”.
Later it is stated more clearly: “This distance learning concession will be in place for the duration of the 2020-21 academic year, ending on 27 September 2021”.
This has the potential to cause significant issues. Many international students still won’t be able to get to the UK due to Covid-19. The concession catered for this, allowing providers to go ahead and sponsor students even if they were unable to get here for face-to-face teaching. Removing that flexibility when there is still so much uncertainty seems unnecessary.
Do education providers go ahead and issue CAS (the documents international students need before they can apply for a visa) in the hope that students from countries still facing severe pandemic difficulties will be able to make face-to-face learning by September? If they can’t come, will institutions be able to transition them to distance learning — and given that sponsored students are “not normally permitted to undertake distance learning courses”, will doing so exclude them from coming to the UK to continue their studies when possible?
We saw a recent U-turn on Covid-19 right to work checks and the BRC replacements for EU Settled Status applicants. There will be plenty of education providers hoping for something similar.
27 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Is the dependant Spouse or Child (“Dependants”) of a Skilled Worker migrant required to make a separate application for permission to remain in the UK if a Skilled Worker migrant changes his/her sponsor and/or his/her job occupation category and therefore required to make a Change of Employment application ?
Apparently, the answer is "No".
From the Home Office:
"The (Home Office's) position hasn’t changed – dependants do not need to reapply when the lead applicant makes a change of employment application, as long as they still have extant leave."
28 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held recently. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is R (Open Rights Group & the3million) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 800.
The government is proposing to waive settlement fees for certain non-British members of the armed forces. A consultation on the draft proposal, launched yesterday, follows years of Commonwealth soldiers being denied the right to remain in the UK after discharge because of fees and lack of advice on the paperwork required.
Citizens of certain foreign countries, mostly those in the Commonwealth, are eligible to serve in Her Majesty’s Armed Forces. Around 9,000 foreign nationals currently do so. They are eligible for indefinite leave to remain afterwards, provided that they have served for four years or more (or have been discharged earlier for medical reasons). But that costs £2,389, or around £10,000 for a family of four.
The consultation document says that “anecdotally, we are aware that some individuals are unable to meet this financial liability”, but adds the less than gracious rider “or choose not to do so”, and snipes that some people in this position “may not leave the UK” despite not having permission to stay.
The proposal is to
"waive the cost of an application for settlement for non-UK Serving Personnel who wish to remain in the UK after they leave service and have served at least their initial engagement period of 12 years."
This would not be retrospective — i.e. “there would be no reimbursement of immigration fees already paid” — and would not apply to family members. Nor would it cover fees for British citizenship.
The consultation runs until midnight on 7 July 2021.
31 May 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
From the UK BA:
>>> End of EEA Family Permit on 30 June
A reminder that EEA family permits will end on 30 June 2021 and that no new applications for EEA family permits will be accepted after this date.
You should not attempt to travel to the UK on an EEA family permit, regardless of the date it was issued, or the validity date printed on it, after 30 June 2021.
>>> Changes to travelling to the UK using EU, EEA and Swiss ID cards
Currently European Union (EU), European Economic Area (EEA) and Swiss nationals can travel to the UK with a valid passport or a national identity (ID) card.
From the 1 October 2021, changes to government legislation will mean that most EU, EEA and Swiss nationals can only travel to the UK using a valid passport, unless they have applied to the EU Settlement Scheme by 30 June 2021 or otherwise have protected rights under the Citizens’ Rights Agreements.
ID cards will no longer be accepted for travel to the UK from this date, unless the exceptions apply. Anyone travelling to the UK on an invalid travel document may be refused entry at the border
>>> UKVCAS in-country appointment availability
There is currently improved availability of UKVCAS appointments, including some free appointment slots. New appointments continue to be added regularly, and we encourage customers who have submitted applications but are yet to make an appointment to check the UKVCAS website for availability.
01 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
Added information for EU, EEA and Swiss citizens who have applied to the EU Settlement Scheme by 30 June 2021 but not yet received a decision. Added guidance for Gibraltar identity card holders and also added guidance for Irish citizens.
02 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> The new Graduate Route - het ready for the digital immigration status doucument
It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019.
>>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General)
The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.
04 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Home Office to publish new EUSS Covid-19 guidance
Note the important information on absences:
"This follows Here for Good’s successful legal challenge. The guidance was withdrawn by the Home Office on 6 May 2021, with the Home Office initially indicating that they would publish the revised guidance by 31 May 2021. On 27 May 2021 the Home Office wrote to the Court (and Bindmans) informing them that their new guidance would not be published by the 31 May 2021, but that they would aim to publish the revised guidance by 11 June 2021.
Since 7 May 2021, Here for Good have been pushing for the Home Office’s consent to share the content of the Acknowledgement of Service from their judicial review challenge. This consent has finally been provided. The Home Office's proposals for the revised guidance are set out below in an extract from the Acknowledgement of Service. Here for Good hope that this will give clarity to those previously uncertain about their future and concerned about the impending application deadline of 30 June 2021.
‘11. This review has now been completed and the following changes and/or clarifications are going to be made to the Policy:
(a) EEA citizens who have been absent from the UK for a period of up to 12 months because of COVID-19 are permitted to rely on that absence being for an important reason. The revised guidance will confirm that the EEA citizen does not themself have to be or have been ill with COVID-19. It will clarify that those self-isolating or shielding in accordance with local public health guidance, those caring for family members affected by the virus, or those unavoidably prevented from returning to the UK in time due to travel disruption are also permitted to rely on that absence being for an important reason;
(b) EEA citizens who were already absent from the UK for an important reason and were forced to exceed the 12-month maximum permitted absence because of COVID-19, as described in the preceding sub-paragraph, will be permitted to exceed that maximum period of absence, without breaking their continuity of residence, for as long as they are absent from the UK because of COVID-19, again as described in the preceding sub-paragraph. Any absence from the UK beyond the 12-month maximum will not, however, be counted as residence in the UK for the purposes of qualifying for settled status;
(c) EEA citizens who, as is allowed for any reason, intended to be absent from the UK for no more than six months will be permitted to have a single absence of up to 12 months treated as being for an important reason, and thereby not break their continuity of residence, where they have not returned to the UK within six months because of COVID-19, as described in sub-paragraph (a) above;
(d) EEA citizens who have already had an absence of up to 12 months for an important reason and need to rely on a second period of absence of up to 12 months for such a reason, will be permitted to have a second such absence without breaking their continuity of residence, where one of those absences is because of COVID-19, as described in sub-paragraph (a) above. Again, while this second absence will not break the person’s continuity of residence, it will not be counted as residence in the UK for the purposes of qualifying for settled status.
12. Given that points (b), (c) and (d) in the preceding paragraph are outside the scope of the current drafting of Appendix EU to the Immigration Rules, the Defendant confirms that a concession outside the Rules will be made available until the changes can be reflected in Appendix EU itself by way of a Statement of Changes in Immigration Rules (expected in Autumn 2021).
13. A concession made outside the Immigration Rules in this manner will necessitate the publication of new detailed guidance, outlining both the policy position and the way in which an EEA citizen may avail themselves of it. As a result, the guidance document published on 15 December 2020 will be withdrawn and replaced. The Defendant intends to publish the new guidance, including on the concession outside the Rules, as soon as possible – and will seek to do so by 31 May – to ensure that EEA citizens are provided with certainty as to their residence rights in the UK well before the end of the grace period on 30 June."
07 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
- Visitors no longer can switch in-country into a Student Visa route
- People stuck outside of the UK: Those who already had indefinite leave to remain but have now been outside the UK so long that it has lapsed will have to apply for a returning residents visa and pay the usual fee, but have most of it refunded.
08 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Home Office Business Helpdesk clarification on the Garden Leave
From the UK BA:
"Q: If an individual is to be placed on Garden leave, how do we make such an update on the SMS (there is no category for such a change)?
A: As there is no specific option for this, please choose any option and then clarify in the free text box.
Q: Please confirm that the individuals leave will not be curtailed, as they will still be in receipt of a salary whilst on Garden leave?
A: Providing that the sponsor does not report that they are no longer sponsoring the worker, then curtailment should not happen.
Q: Please confirm if the individual will be able to receive a reduced salary whilst on Garden leave?
A: This would only be permitted if it meets the exceptions shown in the Sponsor Guidance-Please see Paragraph S4:16
Part 2: Sponsor a worker – general information (publishing.service.gov.uk)
Business Helpdesk
Cross-Cutting Operations (CCO) UK Visas & Immigration Home Office"
The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur place activities”. GJ was a complicated and often seemingly contradictory decision with a headnote that led many asylum claims from Tamil activists to fail. KK and RS changes all that.
09 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
10 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Can you get compensation if an immigration officer acts unlawfully?
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15.
In short, the answer to the question posed above – does the Home Office need to pay damages when an immigration officer acts unlawfully? – is, in this context, yes.
This doesn’t mean that damages can be claimed following every successful judicial review of a Home Office decision. The answer would be different if there was no analogous tort/delict. It would depend on what the unlawful act actually was. In this case it was detention of vessels, which is a recognised delict, and therefore gives rise to liability.
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation.
Not a great deal, concluded Lord Justice Lewis, giving the unanimous judgment of the court.
11 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Can I enter the UK (as a US, Canadian or Australian citizen) before my Entry Clearance (Skilled Worker etc) visa validity date ?
"An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance."
>>> You can now get an EU Settlement Scheme application form by email
From the Home Office:
"With effect from Wednesday 9th June 2021 it is now possible to request paper application forms from the SRC [Settlement Resolution Centre] to be sent via email, this will hopefully speed up the process.
In addition to this, if required, it is also possible to submit a paper form via email, although this needs to be specifically requested when requesting the paper application.
Any bulk requests (no more than 10 per sheet) should be sent using the attached spreadsheet [here] with all required columns completed to EUSSGrants@homeoffice.gov.uk."
In a welcome judgment handed down a few days ago, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules. Up to now, the Home Office had been refusing to grant Appendix EU status to Zambrano carers who already had some kind of permission to remain (typically as a parent under Appendix FM)
21 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> New Graduate route to open from 1 July 2021
The new Graduate route will open for applications on 1 July 2021. Eligible students holding a Tier 4 or Student visa valid on or after 1 July 2021 will have the opportunity apply to stay in the UK for 2 years (3 years for doctoral students) to work or seek employment.
>>> Visa extensions for health workers during Covid
The 12-month visa extensions for health workers which were introduced last year have now been extended for a further 6 months until 30 September 2021. This includes overseas recruits whose leave expires between 1 April 2021 and 30 September 2021.
From 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme will need to evidence their rights in the UK with their immigration status (for example, their permission to work). EU, EEA and Swiss citizens who have applied for a UK visa (including permission to stay) using the ID Check app or by visiting a Visa Application Centre are also granted an immigration status.
A new (eVisa) has been published. It explains how people can view and prove their immigration status, how to update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.
Note the Home Office's statement about the need for EU citizens with ILR to have BRC cards:
“Those with indefinite leave to enter or remain
EU, EEA and Swiss citizens with indefinite leave to enter or remain will, from 1 July 2021, need to evidence their rights in the UK in the same way as non-EU, EEA and Swiss citizens. You can do this by relying on Home Office documentation such as an endorsement / vignette in your passport stating ‘indefinite leave to enter or remain’ or ‘no time limit’, or by producing a valid BRC/P. “
Did the Home Office really mean it ? If so, the Home Office will be swamped by the amount of BRC applications from the EU citizens.
>>> EU Settlement Scheme closes on 30 June
Information for employers on checking EU, EEA and Swiss citizens’ right to work from 1 July 2021 has been updated on GOV.UK.
A person’s existing EU law rights will continue to be protected, pending the outcome of an application to the EUSS made by 30 June 2021. Complete online applications are generally decided within a week.
21 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Can you confirm whether applicants who were not exercising treaty rights before the end of the transition period would still be protected by Section 3c Leave (or the equivalent of 3c leave) while their EUSS application is pending?
From the Home Office:
"A The rights of those EU citizens and their family members who were lawfully resident at the end of the transition period and who, from 1 July 2021, have a pending application under the EUSS made by the deadline, or an appeal against the refusal of an application submitted by then, will be protected until it is finally determined. This is provided for by The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. As the EUSS does not verify exercise of Treaty rights, in practice all “in-time” applicants will be treated the same. This means an individual undergoing an eligibility check while the outcome of an application under the EUSS is pending, will be in the same position in respect of access to accommodation, work, benefits and services as they were before the grace period ended. Where needed, the Home Office will be able to confirm whether an application is pending.
Where an in-time application to extend or vary leave is made under the EUSS (for example, an application to upgrade from pre-settled to settled status) and the application is not decided before the person’s existing leave expires, section 3C of the Immigration Act 1971 applies automatically and extends the person’s existing leave until the application is decided (or withdrawn)."
22 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
23 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying.
With the deadline to apply under the EU Settlement Scheme around the corner, on 30 June 2021, potential Zambrano carers are in a difficult position. Ms Akinsanya did ask the High Court to order an extension to the deadline so that people affected by this ruling have more time to work out what to do. The result is a consent order, dated 17 June, in which the Home Office has agreed to accept Zambrano applications after the usual deadline. But in many cases it will still be best to submit an application before 30 June if possible.
Full text of the consent order in Akinsanya
UPON the Court having given judgment on 9 June 2021 allowing the Claimant’s claim for judicial review;
AND UPON the Court having adjourned the Claimant’s application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;
AND UPON the Claimant’s application for an order for further relief as set out in her skeleton argument dated 16 June 2021;
AND UPON the Secretary of State confirming that:
a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules (“Appendix EU”);
b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside (‘Zambrano application’) and is affected by the Court’s judgment, until after she has completed her reconsideration of Appendix EU;
c. In paragraph (a)(v) of the definition of ‘required date’ in Annex 1 to Appendix EU the reference to “limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated” includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;
d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;
e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of ‘required date’ in Annex 1 to Appendix EU, to have reasonable grounds for the person’s failure to make that application at the earlier date relevant under that definition;
f. In accordance with paragraph (c) of the definition of “EEA Regulations” in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;
g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;
h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;
i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.
IT IS ORDERED BY CONSENT THAT:
1. The Claimant’s application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.
2. The hearing listed for 17 June 2021 is vacated.
3. The Claimant’s application for further quashing relief is stayed pending determination of the Defendant’s application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.
4. There shall be no order as to costs, save that there be a detailed assessment of the Claimant’s costs for the purposes of public funding.
5. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.
R (Akbar) v Secretary of State for Justice [2021] EWCA Civ 898 was a challenge to the Prison Rules 1999, one of which says that a prisoner who is being deported and has run out of appeals “must not be classified as suitable for open conditions”. The challenge was unsuccessful.
25 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others.
"… there is no justification for treating [EU nationals and non-EU nationals] in the same way… the maximum period of detention for Union citizens and their family members… goes beyond what is necessary to achieve the objective pursued."
The stark point which comes out is that it would now be unlawful for an EU national to be detained for eight months in Belgium, but (so long as there is justification) it would be perfectly legal for a British citizen to be(!).
28 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
Date of the VAC concessions has been extended until 31 December 2021
>>> The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021:
The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021
Note on the change to legislation regarding the ability for a child born in the UK to acquire British citizenship, and which may affect certain children. The changes will take effect from 1st July 2021.
The Regulations amend the British Nationality Act 1981 (BNA). They ensure that specific children born in the UK after the grace period ends on 30th June 2021, who would otherwise not be British citizens, do not need to make a separate application to become one, nor will they need to pay a fee.
The changes will allow a child to acquire British citizenship automatically from the date on which their parent is granted Indefinite Leave (“settled status”) under the EU Settlement Scheme (EUSS). It will operate in two specific scenarios for a child born from 1st July 2021 onwards:
Where their parent submitted an application to the EUSS by 30th June 2021, but it had not been resolved at the point the child is born
Where an application submitted after the 30th June deadline is accepted as having reasonable grounds for missing the deadline and is resolved after the child is born. In this scenario, the parent will need to be able to show that they could have met the requirements by 30th June 2021 had the reasonable grounds for delay not intervened
Should the child later seek to access and evidence their British citizenship – for example, with an application for a British passport – assistance establishing claims will be given as needed. Applicants will not be asked for additional documentation where their eligibility can be demonstrated through existing records already available to us.
This is a measure to protect nationality rights for children who would otherwise lose them through no fault of their own
Other provisions relating to the acquisition of citizenship by birth, naturalisation and registration remain unchanged. This is an addition to the BNA and does not replace existing measures.
>>> Apply to the EU Settlement Scheme by post or email:
Updated the lists of approved test centres in the UK and outside the UK.
>>> Chapter 08: Appendix FM family members (immigration staff guidance): chrome-extension://gphandlahdpffmccakmbngmbjnjiiahp/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996024/adequate-maintenance-and-accommodation-appendix-fm-annex-1.7a-v8.0-ext.pdf
Updated ‘Appendix FM 1.7a: maintenance’ to reflect an update to coronavirus (COVID-19) concessions.
30 June 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In doing so, it may accept guidance from an expert, but does not have to.
01 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
05 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
The statistics show there were 6.02 million applications made to the scheme by 30 June with 5.1 million grants of status. There have been more than 5.3 million applications from England, 291,200 from Scotland, 98,600 from Wales, and 98,400 from Northern Ireland.
The surge in applications, including more than 400,000 in June alone, means that there are around 570,000 pending applications. The Government has repeatedly assured those who applied before the deadline that they will have their rights protected until their application is decided, as set out in law, and they have the means to prove their protected rights if needed.
A full statistics report highlighting details of applications made by the end of June 2021 will be published in due course.
The Home Office would like to thank you for all your support throughout the scheme. Your work has been invaluable in reaching EU, EEA and Swiss citizens and their family members, and helping them to secure their rights in UK law.
From Thursday 1 July 2021, EU, EEA and Swiss citizens and their family members are now required to obtain a valid UK immigration status to be in the UK, either through the EUSS, if they were resident in the UK by 31 December 2020 or are a joining family member, or through a valid visa.
EU, EEA and Swiss citizens can expect to be asked to show their digital status to prove their right to work or their right to rent to landlords in England. Other departments, such as HMRC, DWP and the NHS, will have automatic access to their status to check a person’s eligibility for free healthcare, benefits and access to public funds.
>>> Digital Status - EUSS
From 1 July, EU, EEA and Swiss citizens need to prove their rights in the UK with their immigration status, instead of their ID card or passport.
Find out more at www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa
>>> Pending EUSS applications
Anyone who made an application by the 30 June 2021 deadline will have their existing rights protected, pending the outcome of their application. Applicants are issued with a Certificate of Application, which can be relied on to evidence their rights.
Their Certificate of Application will be available in their view and prove (https://www.gov.uk/view-prove-immigration-status) account or will be sent to them by post. Landlords and employers can also use the Home Office view and prove service to confirm protected rights for an individual.
The Home Office will contact any applicant where we need further information to progress their application.
Family members of any nationality of EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020, can apply at any time, where the family relationship was formed by that date (except where a child was born or adopted after it) and continues to exist. They may be able to apply to the EUSS from outside the UK or they may need to apply for an EUSS family permit to come to the UK and then apply to the EUSS once here.
>>> Applying for children - EUSS
EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020 must apply to the EUSS for their children who are not British citizens.
If they are expecting to have a child (or have given birth since 1 April 2021), then the child will also need to have an application made on their behalf to the EUSS within 3 months of their date of birth. However, if either of the child’s parents had settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child was born, then they don’t need to make an application on their behalf, as the child will be a British citizen.
>>> Before you travel - crossing the UK border after 30 June 2021 - EUSS
Individuals with pre-settled or settled status under the EUSS should ensure that they update their online account with all valid travel documents (such as passports or national identity cards) that they hold and intend to use for travel, to avoid any unnecessary delays at the border. They can do this online by using the view and prove service (https://www.gov.uk/view-prove-immigration-status), which enables individuals with digital status to keep their travel documents updated.
>>> EUSS Applications made after 30 June 2021 deadline
In line with the Citizens’ Rights Agreements, there remains scope for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their having missed the deadline.
Where a person did not apply before the deadline, they must make a valid application online or on the relevant paper application form – and provide information with the application setting out their grounds for applying late.
The Home Office will continue to look to grant status, rather than for reasons to refuse. A flexible and pragmatic approach will be taken in considering whether there are reasonable grounds for the person’s failure to apply by the deadline.
If someone without status is encountered who may be eligible for it, they will be provided with a written notice giving them an opportunity to apply to the scheme, setting out their reasonable grounds for missing the deadline, normally within 28 days, and signposted to the support available.
06 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> EUSS Update to Cut-off Date for Email Applications and Availability of Application Forms on Gov.uk
The completed form can be sent to the Home Office by post. It can also be sent to the Home Office by email until 23:59 on 5 July 2021. If you email your application form to the Home Office, you must send your supporting documents by post.
You cannot send your application form to the Home Office by email after 5 July 2021. You must instead send your application form and supporting documents to the Home Office by post only.
After 5 July 2021, the instructions contained in the application form about how to submit your application by email will no longer apply.
The application forms will be available on this page until 23:59 on 5 July 2021. After this date, to obtain one of these forms, you should contact the EU Settlement Resolution Centre.
Guidance on applying for an EU Settlement Scheme family permit to join your EU, EEA or Swiss citizen family member in the UK.
>>> Parts of Home Office policy on Dublin III family reunion declared unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1821.html
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC 1821 (Admin).
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the past two decades piling dozens and dozens of new immigration offences onto the statute books. “Illegal immigration” was not among those recent additions, since it has been an offence to enter the UK without permission since (at least) the Immigration Act 1971 entered force.
The Sunday Times gives a more precise account of what is proposed:
"The legislation will create the new criminal offence of ‘arriving in the UK without a valid entry clearance (or electronic travel authorisation) where required’ and will allow the prosecution of individuals who are intercepted in UK territorial waters and do not technically enter the country."
07 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
Information added to reflect the entitlement of children born to EEA national parents from 1 July 2021 onward, including where the parent may not have held settled status under the EU Settlement Scheme at the time of the child’s birth.
Updated guidance with changes to the sections on EEA and Swiss nationals to reflect the end of the grace period on 30 June 2021. These include the sub-sections on freedom from immigration time restrictions, lawful residence and discretion to waive immigration breaches.
08 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
>>> Double win for refugees seeking backdated benefits
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845 (Admin).
12 July 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)
The UK High Court orders the return to the UK of Sudanese man, who claims he was removed due to an ‘illegal and secret’ Home Office policy.
Home Secretary Priti Patel must bring back to the UK an asylum seeker who arrived via a small boat and was later deported to France within 14 days, a High Court judge has ruled.
The court heard that the alleged victim of modern slavery and torture was deported due to an "illegal and secret" Home Office policy and should be brought back.
This comes as Ms Patel's Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament on Tuesday.
The 38-year-old Sudanese man, who can only be identified by the initials AA, made an asylum claim in the UK in June 2020 after fleeing to Europe due to torture and persecution in Sudan.
The man said he was later enslaved and tortured in Libya while travelling to France, where his asylum claim was first rejected.
After he then arrived in the UK, AA had a screening interview with immigration officials who are legally required to take steps to identify potential victims and refer "any suspicion" of slavery or human trafficking for investigation.
However, AA's screening interview did not identify him as a potential victim of modern slavery and he was deported back to France, where he was homeless and destitute, the court heard.
At the time of his interview, the Home Office had a published policy to ask two questions designed to determine if someone has been the victim of modern slavery.
AA argued that the Home Office also had a secret and unlawful policy to not ask those questions, which would have led to him being identified as a victim.
Mr Justice Wall said: "Had the claimant been identified as a potential victim of modern slavery, he could not have been removed from the United Kingdom until the process of investigating that issue was complete.
"He would also have been entitled to assistance and support while in this country... However, the failure to refer him led to a removal of the claimant to France. It ended this country's responsibility for him."
If AA has not been brought back to the UK within 14 days, the Home Office will have to explain the reasons why and what has been done to the court.
A spokesman for the Home Office said: “This is a disappointing judgment and we are now considering our next steps.
“This does not impact on our right to remove those who are confirmed to have no right to be in the UK."
Комментарии
>>> Validity dates of Biometric residence permits (BRPs)
NB ! )- DO NOT mix it with the BRC (EU law) permits ! BRP and BRC are the TWO different things. Old type BRC (EU Family Members) must be replaced beofore the 1st July 2021.
From the Home Office:
"To comply with EU regulations and to include the next generation of encryption technology, BRPs will contain a valid until date of 31 December 2024. This means that some BRPs will be issued with a validity date shorter than that of the leave granted. The date restriction does not change any of the conditions or validity of the leave.
It was the intention to resume issuing BRPs for the full duration of the leave (or 10 years in the case of Indefinite Leave to Remain) once the existing EU restrictions fell away in January 2021. However, in line with our wider ambition to move away from BRPs to a purely digital status by 2024, we are maintaining the practice of short-dating BRPs.
The BRP collection letter the customer receives will inform them of this and a similar message is due to be included in the BRP letter issued with the entry clearance."
From the Legal Centre (www.legalcentre.org):
Note that there may no longer be any plastic BRC/BRP cards issued from 2025; the Home Offie plans to start using digital (virtual status) akin to those currently issued to EU ctizens: https://legalcentre.org/files/Home_Office_digital_status.jpeg
>>> End of EEA Family Permit on 30 June
The EEA family permit is ending on 30 June 2021. This means that no new applications for an EEA family permit will be accepted after this date.
Any EEA family permit, regardless of the date it was issued, or the validity date printed on it, cannot be used for travel to the UK after 30 June 2021. Instead people may be able to apply for an EU Settlement Scheme family permit to come to the UK.
Holders of an EEA family permit can still use this document as evidence of that family relationship for the period the permit is valid, for example in an application to the EU Settlement Scheme or for an EU Settlement Scheme family permit.
Updated communications will be released by the Home Office shortly to advise applicants, at all stages of an application, of the limitations of the use of an EEA family permit.
>>> If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents
“If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed
Your Indefinite Leave to Remain in the UK (ILR) or Indefinite Leave to Enter the UK (ILE) will lapse if you are absent from the UK for over 2 years.
If your ILR/ILE lapsed on or after 24 January 2020, and you’ve been unable to return to the UK due to travel restrictions in place relating to coronavirus, you may apply under the Returning Resident visa route to return to the UK and get indefinite leave.
You need to complete the online Returning Resident application form and pay the fee. As part of your application you’ll need to explain how coronavirus restrictions prevented your return to the UK.
You’ll receive a refund of the application fee and, where applicable, a refund of £55 if you submitted your application at a Mandatory User Pay Visa Application Centre. Confirmation of your refund will be sent to you by email once we’ve made a decision on your application.
If you’ve already been issued a Returning Resident visa
If you’ve already obtained a Returning Resident visa because your ILR/ILE lapsed on or after 24 January 2020 and you were unable to return to the UK due to travel restrictions in place relating to coronavirus, you may be eligible for a refund of your visa fee.
You will need to email the Covid Immigration Helpline (CIH).”
>>> One last chance for those who already have an onld (EU type) residence card, but do not have EU settled status: https://www.gov.uk/uk-residence-card
From the Home Office:
"If you do not have EU settled or pre-settled status your card will be valid until 30 June 2021.
After 30 June 2021, you’ll be able to use your card only once to travel to and enter the UK. To remain in the UK you’ll need to apply to the EU Settlement Scheme within 28 days."
>>> Parental consent requirement for a Child Student
The Legal Centre (www.legalcentre.org) reminds the applicants about the need for the parental consent requirement for a Child Student applications on the basis of https://www.gov.uk/guidance/immigration-rules/immigration-rules-child-student#parental-consent-requirement-for-a-child-student
>>> Helpful decision on Upper Tribunal appeals: https://www.bailii.org/uk/cases/UKUT/IAC/2021/117.html
A very nice surprice to get a case that helps immigration lawyers. The case of EH (PTA: limited grounds; Cart JR) Bangladesh [2021] UKUT 117 (IAC) confirms that a grant of permission to appeal by the Upper Tribunal, even on limited grounds, cannot be judicially reviewed. But where permission is granted, all grounds of appeal can be argued even if permission was only granted on some of those grounds.
The Civil Procedure Rules only permit a Cart (or Eba for those in Scotland) judicial review when permission is refused but not where it is granted (even if only on restricted grounds). Interestingly, if permission is granted on restricted grounds, unless a specific direction is made, the application for permission to appeal stands as the notice of appeal i.e. all grounds in the granted application can be argued (Rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008). And finally, even if a direction is pronounced, under Rule 5, an application can be made to amend, suspend, or set aside that direction.
The obvious advantages to parties are:
- not having to raise costly and time-consuming judicial review proceedings challenging partial grants of permission
- the process will generally be confined only to the Upper Tribunal, making it much more streamlined
It is probably best to have a copy of the judgment in hand when availing of it because it’s probably not going to be making the judges happy :-)
>>> A person who obtained British citizenship by fraud is able to keep it thanks to the Home Office inaction: https://www.bailii.org/ew/cases/EWCA/Civ/2021/769.html
An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 also untangles and explains some of the previous case law about deprivation of citizenship on the basis of deception.
>>> Biometric Residency Permit/Card (BRP/BRC) Replacement applications
From Sopra Steria:
"We have increased the number of appointments released each week. As a result, appointments are available to meet the recent surge in demand for replacement Biometric Resident Permits (BRP) and Biometric Residence Cards (BRC).
This means BRP/BRC applications received after 17.30 pm on 20 May 2021 will be able to book a UKVCAS appointment as soon as you register with UKVCAS. You no longer have to wait to hear from UKVCAS as you will not be able to progress your application using the IDV app.
BRP/BRC applications received before 17.30 on 20 May 2021, look out for an email sent to your registered UKVCAS email address called:
Book your UKVCAS appointment now; or
Download the IDV app now"
>>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt
An updated list of approved test centres in the UK and outside the UK from 14 May 2021.
NB: The Home Office has been updating this list almost monthly.
>>> Face-to-face learning required for international students from 27 Sept 2021: ?utm_medium=email&utm_campaign=govuk-notifications&utm_source=6701857d-250e-4ef4-8be7-b827409d819f&utm_content=daily
The Home Office updated its Covid-19 guidance for overseas students and education providers. By far the most significant change relates to the distance learning concession introduced last year. Providers can still commence the sponsorship of new students who will initially study via distance or blended learning but only if “they intend to transition to face-to-face learning from 27 September 2021”.
Later it is stated more clearly: “This distance learning concession will be in place for the duration of the 2020-21 academic year, ending on 27 September 2021”.
This has the potential to cause significant issues. Many international students still won’t be able to get to the UK due to Covid-19. The concession catered for this, allowing providers to go ahead and sponsor students even if they were unable to get here for face-to-face teaching. Removing that flexibility when there is still so much uncertainty seems unnecessary.
Do education providers go ahead and issue CAS (the documents international students need before they can apply for a visa) in the hope that students from countries still facing severe pandemic difficulties will be able to make face-to-face learning by September? If they can’t come, will institutions be able to transition them to distance learning — and given that sponsored students are “not normally permitted to undertake distance learning courses”, will doing so exclude them from coming to the UK to continue their studies when possible?
We saw a recent U-turn on Covid-19 right to work checks and the BRC replacements for EU Settled Status applicants. There will be plenty of education providers hoping for something similar.
>>> Is the dependant Spouse or Child (“Dependants”) of a Skilled Worker migrant required to make a separate application for permission to remain in the UK if a Skilled Worker migrant changes his/her sponsor and/or his/her job occupation category and therefore required to make a Change of Employment application ?
Apparently, the answer is "No".
From the Home Office:
"The (Home Office's) position hasn’t changed – dependants do not need to reapply when the lead applicant makes a change of employment application, as long as they still have extant leave."
>>> Migrants win improved access to personal data held by the Home Office: https://www.bailii.org/ew/cases/EWCA/Civ/2021/800.html
Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held recently. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is R (Open Rights Group & the3million) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 800.
>>> Government to waive settlement fees for Commonwealth soldiers with 12 years’ service: https://www.gov.uk/government/consultations/immigration-fees-public-consultation
The government is proposing to waive settlement fees for certain non-British members of the armed forces. A consultation on the draft proposal, launched yesterday, follows years of Commonwealth soldiers being denied the right to remain in the UK after discharge because of fees and lack of advice on the paperwork required.
Citizens of certain foreign countries, mostly those in the Commonwealth, are eligible to serve in Her Majesty’s Armed Forces. Around 9,000 foreign nationals currently do so. They are eligible for indefinite leave to remain afterwards, provided that they have served for four years or more (or have been discharged earlier for medical reasons). But that costs £2,389, or around £10,000 for a family of four.
The consultation document says that “anecdotally, we are aware that some individuals are unable to meet this financial liability”, but adds the less than gracious rider “or choose not to do so”, and snipes that some people in this position “may not leave the UK” despite not having permission to stay.
The proposal is to
"waive the cost of an application for settlement for non-UK Serving Personnel who wish to remain in the UK after they leave service and have served at least their initial engagement period of 12 years."
This would not be retrospective — i.e. “there would be no reimbursement of immigration fees already paid” — and would not apply to family members. Nor would it cover fees for British citizenship.
The consultation runs until midnight on 7 July 2021.
From the UK BA:
>>> End of EEA Family Permit on 30 June
A reminder that EEA family permits will end on 30 June 2021 and that no new applications for EEA family permits will be accepted after this date.
You should not attempt to travel to the UK on an EEA family permit, regardless of the date it was issued, or the validity date printed on it, after 30 June 2021.
>>> Changes to travelling to the UK using EU, EEA and Swiss ID cards
Currently European Union (EU), European Economic Area (EEA) and Swiss nationals can travel to the UK with a valid passport or a national identity (ID) card.
From the 1 October 2021, changes to government legislation will mean that most EU, EEA and Swiss nationals can only travel to the UK using a valid passport, unless they have applied to the EU Settlement Scheme by 30 June 2021 or otherwise have protected rights under the Citizens’ Rights Agreements.
ID cards will no longer be accepted for travel to the UK from this date, unless the exceptions apply. Anyone travelling to the UK on an invalid travel document may be refused entry at the border
>>> UKVCAS in-country appointment availability
There is currently improved availability of UKVCAS appointments, including some free appointment slots. New appointments continue to be added regularly, and we encourage customers who have submitted applications but are yet to make an appointment to check the UKVCAS website for availability.
>>> Covid Visa Concession Scheme extended
The Covid Visa Concession Scheme (CVCS) has been extended to 21 June, for those outside the UK whose leave expired after travel advice changed and who have been unable to return due to Covid restrictions: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk
>>> UK Employers: Check a job applicant's right to work in the UK details: https://www.gov.uk/view-right-to-work
>>> Visiting the UK as an EU, EEA or Swiss citizen: https://www.gov.uk/guidance/visiting-the-uk-as-an-eu-eea-or-swiss-citizen?utm_medium=email&utm_campaign=govuk-notifications&utm_source=30dd57fd-a6bd-4a77-bd87-26535795cc0c&utm_content=immediately
Added information for EU, EEA and Swiss citizens who have applied to the EU Settlement Scheme by 30 June 2021 but not yet received a decision. Added guidance for Gibraltar identity card holders and also added guidance for Irish citizens.
>>> The new Graduate Route - het ready for the digital immigration status doucument
It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019.
>>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General)
The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.
>>> Home Office to publish new EUSS Covid-19 guidance
Note the important information on absences:
"This follows Here for Good’s successful legal challenge. The guidance was withdrawn by the Home Office on 6 May 2021, with the Home Office initially indicating that they would publish the revised guidance by 31 May 2021. On 27 May 2021 the Home Office wrote to the Court (and Bindmans) informing them that their new guidance would not be published by the 31 May 2021, but that they would aim to publish the revised guidance by 11 June 2021.
Since 7 May 2021, Here for Good have been pushing for the Home Office’s consent to share the content of the Acknowledgement of Service from their judicial review challenge. This consent has finally been provided. The Home Office's proposals for the revised guidance are set out below in an extract from the Acknowledgement of Service. Here for Good hope that this will give clarity to those previously uncertain about their future and concerned about the impending application deadline of 30 June 2021.
‘11. This review has now been completed and the following changes and/or clarifications are going to be made to the Policy:
(a) EEA citizens who have been absent from the UK for a period of up to 12 months because of COVID-19 are permitted to rely on that absence being for an important reason. The revised guidance will confirm that the EEA citizen does not themself have to be or have been ill with COVID-19. It will clarify that those self-isolating or shielding in accordance with local public health guidance, those caring for family members affected by the virus, or those unavoidably prevented from returning to the UK in time due to travel disruption are also permitted to rely on that absence being for an important reason;
(b) EEA citizens who were already absent from the UK for an important reason and were forced to exceed the 12-month maximum permitted absence because of COVID-19, as described in the preceding sub-paragraph, will be permitted to exceed that maximum period of absence, without breaking their continuity of residence, for as long as they are absent from the UK because of COVID-19, again as described in the preceding sub-paragraph. Any absence from the UK beyond the 12-month maximum will not, however, be counted as residence in the UK for the purposes of qualifying for settled status;
(c) EEA citizens who, as is allowed for any reason, intended to be absent from the UK for no more than six months will be permitted to have a single absence of up to 12 months treated as being for an important reason, and thereby not break their continuity of residence, where they have not returned to the UK within six months because of COVID-19, as described in sub-paragraph (a) above;
(d) EEA citizens who have already had an absence of up to 12 months for an important reason and need to rely on a second period of absence of up to 12 months for such a reason, will be permitted to have a second such absence without breaking their continuity of residence, where one of those absences is because of COVID-19, as described in sub-paragraph (a) above. Again, while this second absence will not break the person’s continuity of residence, it will not be counted as residence in the UK for the purposes of qualifying for settled status.
12. Given that points (b), (c) and (d) in the preceding paragraph are outside the scope of the current drafting of Appendix EU to the Immigration Rules, the Defendant confirms that a concession outside the Rules will be made available until the changes can be reflected in Appendix EU itself by way of a Statement of Changes in Immigration Rules (expected in Autumn 2021).
13. A concession made outside the Immigration Rules in this manner will necessitate the publication of new detailed guidance, outlining both the policy position and the way in which an EEA citizen may avail themselves of it. As a result, the guidance document published on 15 December 2020 will be withdrawn and replaced. The Defendant intends to publish the new guidance, including on the concession outside the Rules, as soon as possible – and will seek to do so by 31 May – to ensure that EEA citizens are provided with certainty as to their residence rights in the UK well before the end of the grace period on 30 June."
>>> Coronovirus and the UK Immigration: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders
- Visitors no longer can switch in-country into a Student Visa route
- People stuck outside of the UK: Those who already had indefinite leave to remain but have now been outside the UK so long that it has lapsed will have to apply for a returning residents visa and pay the usual fee, but have most of it refunded.
>>> Long residence Guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwikj7mklIXxAhVSzBoKHZjKAjcQFjAAegQIAxAD&url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/988907/long-residence-v17.0-gov-uk.pdf&usg=AOvVaw3k7nRt465YU2VWvE2pARIq
Updated immigration staff guidance on how to consider applications from people applying on the basis of long residence in the UK.
>>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=78332b98-c237-43c3-bc91-1c8eef07ef41&utm_content=immediately
Updated Guidance
>>> Home Office Business Helpdesk clarification on the Garden Leave
From the UK BA:
"Q: If an individual is to be placed on Garden leave, how do we make such an update on the SMS (there is no category for such a change)?
A: As there is no specific option for this, please choose any option and then clarify in the free text box.
Q: Please confirm that the individuals leave will not be curtailed, as they will still be in receipt of a salary whilst on Garden leave?
A: Providing that the sponsor does not report that they are no longer sponsoring the worker, then curtailment should not happen.
Q: Please confirm if the individual will be able to receive a reduced salary whilst on Garden leave?
A: This would only be permitted if it meets the exceptions shown in the Sponsor Guidance-Please see Paragraph S4:16
Part 2: Sponsor a worker – general information (publishing.service.gov.uk)
Business Helpdesk
Cross-Cutting Operations (CCO) UK Visas & Immigration Home Office"
>>> Game-changer for Sri Lankan Tamil activists seeking asylum in the UK: https://www.bailii.org/uk/cases/UKUT/IAC/2021/130.html
The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur place activities”. GJ was a complicated and often seemingly contradictory decision with a headnote that led many asylum claims from Tamil activists to fail. KK and RS changes all that.
>>> May a marriage by proxy be acceptable by the Home Office ?
The answer is "Potentially", according to the following UK case-law: https://www.bailii.org/uk/cases/UKAITUR/2018/HU135212016.html
>>> Can you get compensation if an immigration officer acts unlawfully?
See https://www.bailii.org/scot/cases/ScotSAC/Civ/2021/15.html
This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15.
In short, the answer to the question posed above – does the Home Office need to pay damages when an immigration officer acts unlawfully? – is, in this context, yes.
This doesn’t mean that damages can be claimed following every successful judicial review of a Home Office decision. The answer would be different if there was no analogous tort/delict. It would depend on what the unlawful act actually was. In this case it was detention of vessels, which is a recognised delict, and therefore gives rise to liability.
>>> Rehabilitative work in the community no barrier to deportation: https://www.bailii.org/ew/cases/EWCA/Civ/2021/788.html
In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation.
Not a great deal, concluded Lord Justice Lewis, giving the unanimous judgment of the court.
>>> Can I enter the UK (as a US, Canadian or Australian citizen) before my Entry Clearance (Skilled Worker etc) visa validity date ?
The answer is probably "Not recommended", because under the Section 30C (https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#pt1entryclearance):
"An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance."
>>> You can now get an EU Settlement Scheme application form by email
From the Home Office:
"With effect from Wednesday 9th June 2021 it is now possible to request paper application forms from the SRC [Settlement Resolution Centre] to be sent via email, this will hopefully speed up the process.
In addition to this, if required, it is also possible to submit a paper form via email, although this needs to be specifically requested when requesting the paper application.
Any bulk requests (no more than 10 per sheet) should be sent using the attached spreadsheet [here] with all required columns completed to EUSSGrants@homeoffice.gov.uk."
>>> High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1535.html
In a welcome judgment handed down a few days ago, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules. Up to now, the Home Office had been refusing to grant Appendix EU status to Zambrano carers who already had some kind of permission to remain (typically as a parent under Appendix FM)
>>> New Graduate route to open from 1 July 2021
The new Graduate route will open for applications on 1 July 2021. Eligible students holding a Tier 4 or Student visa valid on or after 1 July 2021 will have the opportunity apply to stay in the UK for 2 years (3 years for doctoral students) to work or seek employment.
>>> Visa extensions for health workers during Covid
The 12-month visa extensions for health workers which were introduced last year have now been extended for a further 6 months until 30 September 2021. This includes overseas recruits whose leave expires between 1 April 2021 and 30 September 2021.
>>> Digital status guidance for those with EUSS status: https://www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa/your-immigration-status-an-introduction-for-eu-eea-and-swiss-citizens-accessible-version
View and prove your immigration status (eVisa)
From 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme will need to evidence their rights in the UK with their immigration status (for example, their permission to work). EU, EEA and Swiss citizens who have applied for a UK visa (including permission to stay) using the ID Check app or by visiting a Visa Application Centre are also granted an immigration status.
A new (eVisa) has been published. It explains how people can view and prove their immigration status, how to update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.
Note the Home Office's statement about the need for EU citizens with ILR to have BRC cards:
“Those with indefinite leave to enter or remain
EU, EEA and Swiss citizens with indefinite leave to enter or remain will, from 1 July 2021, need to evidence their rights in the UK in the same way as non-EU, EEA and Swiss citizens. You can do this by relying on Home Office documentation such as an endorsement / vignette in your passport stating ‘indefinite leave to enter or remain’ or ‘no time limit’, or by producing a valid BRC/P. “
Did the Home Office really mean it ? If so, the Home Office will be swamped by the amount of BRC applications from the EU citizens.
>>> EU Settlement Scheme closes on 30 June
Information for employers on checking EU, EEA and Swiss citizens’ right to work from 1 July 2021 has been updated on GOV.UK.
A person’s existing EU law rights will continue to be protected, pending the outcome of an application to the EUSS made by 30 June 2021. Complete online applications are generally decided within a week.
>>> Can you confirm whether applicants who were not exercising treaty rights before the end of the transition period would still be protected by Section 3c Leave (or the equivalent of 3c leave) while their EUSS application is pending?
From the Home Office:
"A The rights of those EU citizens and their family members who were lawfully resident at the end of the transition period and who, from 1 July 2021, have a pending application under the EUSS made by the deadline, or an appeal against the refusal of an application submitted by then, will be protected until it is finally determined. This is provided for by The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. As the EUSS does not verify exercise of Treaty rights, in practice all “in-time” applicants will be treated the same. This means an individual undergoing an eligibility check while the outcome of an application under the EUSS is pending, will be in the same position in respect of access to accommodation, work, benefits and services as they were before the grace period ended. Where needed, the Home Office will be able to confirm whether an application is pending.
Where an in-time application to extend or vary leave is made under the EUSS (for example, an application to upgrade from pre-settled to settled status) and the application is not decided before the person’s existing leave expires, section 3C of the Immigration Act 1971 applies automatically and extends the person’s existing leave until the application is decided (or withdrawn)."
>>> UK visa fees: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-1-july-2021
Updated Home Office immigration and nationality fees from 1 July 2021.
>>> Terms and conditions for booking and taking the Life in the UK Test: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwj9i6SH7KrxAhVG3IUKHTG5DUIQFnoECAIQAw&url=https://www.gov.uk/life-in-the-uk-test&usg=AOvVaw1VVUkjbFScHg5ugM4s49hx
Updated Identification requirements guidance.
>>> Latest on Zambrano carers and the EU Settlement Scheme: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1535.html
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying.
With the deadline to apply under the EU Settlement Scheme around the corner, on 30 June 2021, potential Zambrano carers are in a difficult position. Ms Akinsanya did ask the High Court to order an extension to the deadline so that people affected by this ruling have more time to work out what to do. The result is a consent order, dated 17 June, in which the Home Office has agreed to accept Zambrano applications after the usual deadline. But in many cases it will still be best to submit an application before 30 June if possible.
Full text of the consent order in Akinsanya
UPON the Court having given judgment on 9 June 2021 allowing the Claimant’s claim for judicial review;
AND UPON the Court having adjourned the Claimant’s application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;
AND UPON the Claimant’s application for an order for further relief as set out in her skeleton argument dated 16 June 2021;
AND UPON the Secretary of State confirming that:
a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules (“Appendix EU”);
b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside (‘Zambrano application’) and is affected by the Court’s judgment, until after she has completed her reconsideration of Appendix EU;
c. In paragraph (a)(v) of the definition of ‘required date’ in Annex 1 to Appendix EU the reference to “limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated” includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;
d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;
e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of ‘required date’ in Annex 1 to Appendix EU, to have reasonable grounds for the person’s failure to make that application at the earlier date relevant under that definition;
f. In accordance with paragraph (c) of the definition of “EEA Regulations” in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;
g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;
h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;
i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.
IT IS ORDERED BY CONSENT THAT:
1. The Claimant’s application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.
2. The hearing listed for 17 June 2021 is vacated.
3. The Claimant’s application for further quashing relief is stayed pending determination of the Defendant’s application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.
4. There shall be no order as to costs, save that there be a detailed assessment of the Claimant’s costs for the purposes of public funding.
5. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.
Dated this 17th day of June 2021
>>> Criminals being deported can’t be transferred to an open prison: http://www.bailii.org/ew/cases/EWCA/Civ/2021/898.html
R (Akbar) v Secretary of State for Justice [2021] EWCA Civ 898 was a challenge to the Prison Rules 1999, one of which says that a prisoner who is being deported and has run out of appeals “must not be classified as suitable for open conditions”. The challenge was unsuccessful.
>>> Non-Europeans can be detained for longer, EU Court of Justice decides: https://curia.europa.eu/juris/document/document.jsf;jsessionid=96D96284F3ED423118045DDDDCCBCE70?text=&docid=243245&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=16925554
An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others.
"… there is no justification for treating [EU nationals and non-EU nationals] in the same way… the maximum period of detention for Union citizens and their family members… goes beyond what is necessary to achieve the objective pursued."
The stark point which comes out is that it would now be unlawful for an EU national to be detained for eight months in Belgium, but (so long as there is justification) it would be perfectly legal for a British citizen to be(!).
>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications&utm_source=9352f9ab-1a4e-454c-af9b-438920e096a8&utm_content=immediately
Date of the VAC concessions has been extended until 31 December 2021
>>> The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021:
The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021
Note on the change to legislation regarding the ability for a child born in the UK to acquire British citizenship, and which may affect certain children. The changes will take effect from 1st July 2021.
The Regulations amend the British Nationality Act 1981 (BNA). They ensure that specific children born in the UK after the grace period ends on 30th June 2021, who would otherwise not be British citizens, do not need to make a separate application to become one, nor will they need to pay a fee.
The changes will allow a child to acquire British citizenship automatically from the date on which their parent is granted Indefinite Leave (“settled status”) under the EU Settlement Scheme (EUSS). It will operate in two specific scenarios for a child born from 1st July 2021 onwards:
Where their parent submitted an application to the EUSS by 30th June 2021, but it had not been resolved at the point the child is born
Where an application submitted after the 30th June deadline is accepted as having reasonable grounds for missing the deadline and is resolved after the child is born. In this scenario, the parent will need to be able to show that they could have met the requirements by 30th June 2021 had the reasonable grounds for delay not intervened
Should the child later seek to access and evidence their British citizenship – for example, with an application for a British passport – assistance establishing claims will be given as needed. Applicants will not be asked for additional documentation where their eligibility can be demonstrated through existing records already available to us.
This is a measure to protect nationality rights for children who would otherwise lose them through no fault of their own
Other provisions relating to the acquisition of citizenship by birth, naturalisation and registration remain unchanged. This is an addition to the BNA and does not replace existing measures.
>>> Apply to the EU Settlement Scheme by post or email:
Updated to clarify that, if you email your application, you must send your supporting documents by post: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=d9385c69-c489-4279-bf4a-1e6210b3d159&utm_content=immediately
>>> Apply to the EU Settlement Scheme by post or email: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=df2ed980-aef6-4273-b64f-12692ceac38c&utm_content=immediately
Updated version of EUSS(FM) published on the GOV.UK website
>>> Prove your English language abilities with a secure English language: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=8cb3cea5-593e-469d-973d-9736ebea06ea&utm_content=immediately
Updated the lists of approved test centres in the UK and outside the UK.
>>> Chapter 08: Appendix FM family members (immigration staff guidance): chrome-extension://gphandlahdpffmccakmbngmbjnjiiahp/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996024/adequate-maintenance-and-accommodation-appendix-fm-annex-1.7a-v8.0-ext.pdf
Updated ‘Appendix FM 1.7a: maintenance’ to reflect an update to coronavirus (COVID-19) concessions.
>>> Immigration tribunal can reject expert evidence: https://www.bailii.org/ew/cases/EWCA/Civ/2021/941.html
The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In doing so, it may accept guidance from an expert, but does not have to.
>>> Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - Overseas Absences Concession: https://www.gov.uk/guidance/coronavirus-covid-19-eu-settlement-scheme-guidance-for-applicants#evidence
Current and helpful informaion in relaion to the absecnes concession under the EU Settlement Scheme (EUSS).
>>> 6.02 millions of applications have been submitted under the EU Setlmente Scheme: https://www.gov.uk/government/collections/eu-settlement-scheme-statistics
The statistics show there were 6.02 million applications made to the scheme by 30 June with 5.1 million grants of status. There have been more than 5.3 million applications from England, 291,200 from Scotland, 98,600 from Wales, and 98,400 from Northern Ireland.
The surge in applications, including more than 400,000 in June alone, means that there are around 570,000 pending applications. The Government has repeatedly assured those who applied before the deadline that they will have their rights protected until their application is decided, as set out in law, and they have the means to prove their protected rights if needed.
A full statistics report highlighting details of applications made by the end of June 2021 will be published in due course.
The Home Office would like to thank you for all your support throughout the scheme. Your work has been invaluable in reaching EU, EEA and Swiss citizens and their family members, and helping them to secure their rights in UK law.
From Thursday 1 July 2021, EU, EEA and Swiss citizens and their family members are now required to obtain a valid UK immigration status to be in the UK, either through the EUSS, if they were resident in the UK by 31 December 2020 or are a joining family member, or through a valid visa.
EU, EEA and Swiss citizens can expect to be asked to show their digital status to prove their right to work or their right to rent to landlords in England. Other departments, such as HMRC, DWP and the NHS, will have automatic access to their status to check a person’s eligibility for free healthcare, benefits and access to public funds.
>>> Digital Status - EUSS
From 1 July, EU, EEA and Swiss citizens need to prove their rights in the UK with their immigration status, instead of their ID card or passport.
Find out more at www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa
>>> Pending EUSS applications
Anyone who made an application by the 30 June 2021 deadline will have their existing rights protected, pending the outcome of their application. Applicants are issued with a Certificate of Application, which can be relied on to evidence their rights.
Their Certificate of Application will be available in their view and prove (https://www.gov.uk/view-prove-immigration-status) account or will be sent to them by post. Landlords and employers can also use the Home Office view and prove service to confirm protected rights for an individual.
The Home Office will contact any applicant where we need further information to progress their application.
>>> How to access and update digital status
You can view your EUSS status online, via the view and prove your immigration status service: https://www.gov.uk/view-prove-immigration-status
Please refer to the following guide for further information about using your digital status: ‘Your immigration status: an introduction for EU, EEA and Swiss citizens’: https://www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa
>>> Joining family members - EUSS
Family members of any nationality of EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020, can apply at any time, where the family relationship was formed by that date (except where a child was born or adopted after it) and continues to exist. They may be able to apply to the EUSS from outside the UK or they may need to apply for an EUSS family permit to come to the UK and then apply to the EUSS once here.
>>> Applying for children - EUSS
EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020 must apply to the EUSS for their children who are not British citizens.
If they are expecting to have a child (or have given birth since 1 April 2021), then the child will also need to have an application made on their behalf to the EUSS within 3 months of their date of birth. However, if either of the child’s parents had settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child was born, then they don’t need to make an application on their behalf, as the child will be a British citizen.
>>> Before you travel - crossing the UK border after 30 June 2021 - EUSS
Individuals with pre-settled or settled status under the EUSS should ensure that they update their online account with all valid travel documents (such as passports or national identity cards) that they hold and intend to use for travel, to avoid any unnecessary delays at the border. They can do this online by using the view and prove service (https://www.gov.uk/view-prove-immigration-status), which enables individuals with digital status to keep their travel documents updated.
>>> EUSS Applications made after 30 June 2021 deadline
In line with the Citizens’ Rights Agreements, there remains scope for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their having missed the deadline.
Where a person did not apply before the deadline, they must make a valid application online or on the relevant paper application form – and provide information with the application setting out their grounds for applying late.
The Home Office will continue to look to grant status, rather than for reasons to refuse. A flexible and pragmatic approach will be taken in considering whether there are reasonable grounds for the person’s failure to apply by the deadline.
If someone without status is encountered who may be eligible for it, they will be provided with a written notice giving them an opportunity to apply to the scheme, setting out their reasonable grounds for missing the deadline, normally within 28 days, and signposted to the support available.
>>> EU Settlement Scheme: information for late applicants: https://www.gov.uk/government/publications/eu-settlement-scheme-information-for-late-applicants/eu-settlement-scheme-information-for-late-applicants
>>> EUSS Update to Cut-off Date for Email Applications and Availability of Application Forms on Gov.uk
The completed form can be sent to the Home Office by post. It can also be sent to the Home Office by email until 23:59 on 5 July 2021. If you email your application form to the Home Office, you must send your supporting documents by post.
You cannot send your application form to the Home Office by email after 5 July 2021. You must instead send your application form and supporting documents to the Home Office by post only.
After 5 July 2021, the instructions contained in the application form about how to submit your application by email will no longer apply.
The application forms will be available on this page until 23:59 on 5 July 2021. After this date, to obtain one of these forms, you should contact the EU Settlement Resolution Centre.
>>> Apply for a permit to join your EU or EEA family member in the UK: https://www.gov.uk/guidance/apply-for-a-permit-to-join-your-eu-or-eea-family-member-in-the-uk?utm_medium=email&utm_campaign=govuk-notifications&utm_source=10bed6ce-1121-45c4-baa4-a5bdc54e6a97&utm_content=immediately
Guidance on applying for an EU Settlement Scheme family permit to join your EU, EEA or Swiss citizen family member in the UK.
>>> Parts of Home Office policy on Dublin III family reunion declared unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1821.html
Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC 1821 (Admin).
>>> UK Borders Bill to make asylum seeking a crime: https://www.express.co.uk/news/politics/1457869/immigration-britain-priti-patel-new-laws-channel-crossings-asylum-system
“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the past two decades piling dozens and dozens of new immigration offences onto the statute books. “Illegal immigration” was not among those recent additions, since it has been an offence to enter the UK without permission since (at least) the Immigration Act 1971 entered force.
The Sunday Times gives a more precise account of what is proposed:
"The legislation will create the new criminal offence of ‘arriving in the UK without a valid entry clearance (or electronic travel authorisation) where required’ and will allow the prosecution of individuals who are intercepted in UK territorial waters and do not technically enter the country."
>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications&utm_source=ab390b3b-f87f-47cf-9596-f30dd01c8d2f&utm_content=immediately
Guidance added for people whose Entry Clearance was not activated because of COVID-19 restrictions
>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications&utm_source=ab390b3b-f87f-47cf-9596-f30dd01c8d2f&utm_content=immediately
Date until which people may apply for ‘exceptional assurance’ extended to 30 September 2021
>>> Coronavirus (COVID-19): EU Settlement Scheme – guidance for applicants: https://www.gov.uk/guidance/coronavirus-covid-19-eu-settlement-scheme-guidance-for-applicants?utm_medium=email&utm_campaign=govuk-notifications&utm_source=63fb139b-175d-485e-9d82-e4adfe1f02c5&utm_content=immediately
Added content to show that the deadline to apply for most people was 30 June 2021.
>>> Common travel area (immigration staff guidance): https://www.gov.uk/government/publications/common-travel-area-guidance
Updated guidance, including to reflect the ending of the grace period in the UK on 30 June, and specific arrangements in place from 1 July.
>>> EU Settlement Scheme: evidence of UK residence: https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-uk-residence?utm_medium=email&utm_campaign=govuk-notifications&utm_source=8e830812-e4e2-49bb-99fb-c5a989f644cc&utm_content=immediately
>>> EU Settlement Scheme: applying from outside the UK: https://www.gov.uk/guidance/eu-settlement-scheme-applying-from-outside-the-uk?utm_medium=email&utm_campaign=govuk-notifications&utm_source=5f9d171e-5546-4b70-8f12-2935eb2834fe&utm_content=immediately
Updated guidance to reflect changes in relation to the end of the Grace Period.
>>> British citizenship: automatic acquisition: https://www.gov.uk/government/publications/automatic-acquisition-nationality-policy-guidance
Information added to reflect the entitlement of children born to EEA national parents from 1 July 2021 onward, including where the parent may not have held settled status under the EU Settlement Scheme at the time of the child’s birth.
>>> 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
Updated guidance with changes to the sections on EEA and Swiss nationals to reflect the end of the grace period on 30 June 2021. These include the sub-sections on freedom from immigration time restrictions, lawful residence and discretion to waive immigration breaches.
>>> Apply to the EU Settlement Scheme by post: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=ade2571d-24b2-4963-a3a2-de6835bbe698&utm_content=immediately
Updated to add forms EUSS (BC), EUSS (DR) Chen, EUSS (DR) Ibrahim & Teixeira and EUSS (DR) Zambrano.
>>> Family migration: adequate maintenance and accommodation: https://www.gov.uk/government/publications/family-migration-adequate-maintenance-and-accommodation
Updated coronavirus (COVID-19) concessions.
>>> Family life (as a partner or parent), private life and exceptional circumstances: https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance
Updated PDF file for immigration staff guidance on considering claims based on family life, private life, or exceptional circumstances
>>> Chapter 08: Appendix FM family members (immigration staff guidance): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996024/adequate-maintenance-and-accommodation-appendix-fm-annex-1.7a-v8.0-ext.pdf
Appendix FM section 1.7 published with updated information on COVID-19 concessions
>>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=f3e70727-c804-4ab0-8380-7c8dc8de70bb&utm_content=immediately
Updated lists of test centres published on the GOV.UK website
>>> Double win for refugees seeking backdated benefits
The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845 (Admin).
>>> You have 14 days to bring back deported asylum seeker, judge tells Priti Patel: https://www.telegraph.co.uk/news/2021/07/06/asylum-seeker-deported-priti-patel-should-brought-back-uk-judge/
The UK High Court orders the return to the UK of Sudanese man, who claims he was removed due to an ‘illegal and secret’ Home Office policy.
Home Secretary Priti Patel must bring back to the UK an asylum seeker who arrived via a small boat and was later deported to France within 14 days, a High Court judge has ruled.
The court heard that the alleged victim of modern slavery and torture was deported due to an "illegal and secret" Home Office policy and should be brought back.
This comes as Ms Patel's Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament on Tuesday.
The 38-year-old Sudanese man, who can only be identified by the initials AA, made an asylum claim in the UK in June 2020 after fleeing to Europe due to torture and persecution in Sudan.
The man said he was later enslaved and tortured in Libya while travelling to France, where his asylum claim was first rejected.
After he then arrived in the UK, AA had a screening interview with immigration officials who are legally required to take steps to identify potential victims and refer "any suspicion" of slavery or human trafficking for investigation.
However, AA's screening interview did not identify him as a potential victim of modern slavery and he was deported back to France, where he was homeless and destitute, the court heard.
At the time of his interview, the Home Office had a published policy to ask two questions designed to determine if someone has been the victim of modern slavery.
AA argued that the Home Office also had a secret and unlawful policy to not ask those questions, which would have led to him being identified as a victim.
Mr Justice Wall said: "Had the claimant been identified as a potential victim of modern slavery, he could not have been removed from the United Kingdom until the process of investigating that issue was complete.
"He would also have been entitled to assistance and support while in this country... However, the failure to refer him led to a removal of the claimant to France. It ended this country's responsibility for him."
If AA has not been brought back to the UK within 14 days, the Home Office will have to explain the reasons why and what has been done to the court.
A spokesman for the Home Office said: “This is a disappointing judgment and we are now considering our next steps.
“This does not impact on our right to remove those who are confirmed to have no right to be in the UK."