17 August 2022 – 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)
"I am left perplexed and concerned how any individual whom the Rules affect (especially perhaps a student, like Mr A, who is seeking a variation of his leave to remain in the United Kingdom) can discover what the policy of the Secretary of State actually is at any particular time if it necessitates a trawl through Hansard or formal Home Office correspondence as well as through the comparatively complex Rules themselves. It seems that it is only with expensive legal assistance...that justice can be done."
>>> Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC).
The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals, unless the Home Office consents to this. This will aspect of the decision will be considered in a separate blog post, coming soon.
>>> UKVI Update Re: (Overseas) Student Priority Visa and Super Priority Visa Services
From the UK BA:
"We can confirm that today, 12 August, UKVI have resumed Priority Visa (PV) and Super Priority Visa (SPV) services for new student visa applications (in existing locations). Please feel free to share this with your own stakeholder groups."
18 August 2022 – 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)
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) the Upper Tribunal has decided that he — and anyone else in a similar situation — cannot benefit from the EU Settlement Scheme.
Unmarried couples did not have automatic rights under EU free movement law in the same way that direct family members, such as spouses, did. This meant that they had to apply for a residence document under the Immigration (EEA) Regulations 2016 or marry before 31 December 2020 – when EU law ceased to apply in the UK.
The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals unless the Home Office consents to this.
19 August 2022 – 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)
22 August 2022 – 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)
- apply with their parent or legal guardian
- apply to join their parent or legal guardian if they’re already in the UK
- apply with the consent of their parent or legal guardian to travel to the UK to join an approved sponsor"
Condensed information so it’s clearer and focused on visa support for Ukrainian nationals:
- removed links to information that’s included in the Ukraine foreign travel advice section
- added links to indefinite leave to remain and EU settled or pre-settled status pages
- clarified what you can do if you have a sponsor
- added more information about visa application centres
- clarified information about staying longer if you’re already in the UK
- removed chapter about travelling to the UK urgently as it’s no longer needed
- Russian and Ukrainian translations updated
The following are not accepted as evidence to show you have the required amount of money:
- overdrafts >>> bitcoin savings <<<
- stocks and shares
- pensions
- bank accounts that are not regulated by the financial regulatory body in the country in which the bank operates
bank accounts that don’t use electronic record keeping"
23 August 2022 – 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)
>>> What is the difference between IELTS and UKVI IELTS?
There is no difference between the test format of IELTS and IELTS for UKVI. The test stands the same in terms of content, format, level of difficulty and scoring for both IELTS (Academic and General Training) and IELTS for UKVI (Academic and General training).
The only difference between the two is that the Test Report Forms, which enclose your results, will be somewhat dissimilar to show that you have taken the test at a certified IELTS UKVI location approved by the UK Home Office. The sole purpose of IELTS UKVI is to meet a set of administrative requirements specified by the UK Home office.
25 August 2022 – 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)
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal.
In short: they can be considered where the Home Office consent to this.
Separate application required
This was highlighted in Celik. The Upper Tribunal noted that appellants who want to rely on article 8 “can and should make the relevant application, accompanied by the appropriate fee” (at [98]).
Applicants who have been unsuccessful under the EU Settled Status scheme are therefore left to start all over again: going to the expense of making a paid human rights application and appealing any refusal.
26 August 2022 – 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)
You should update your UK Visas and Immigration (UKVI) account if you’ve changed your:
-mobile phone number
-email address
-name
-identity document, such as your passport or national identity card
-UK address
You can also:
-correct your date of birth
-add an extra nationality - if you have dual nationality, for example
-add an extra identity document
-change your photo, for example if your appearance has changed and you can no longer be recognised from your photo
-give someone else access to your visa applications, if you’d like them to help you apply
-give someone else ownership of the UKVI account, if you set up the account on their behalf
---> You cannot change your identity document or name if you’re waiting for a decision on a visa application.
Who has a UKVI account
You’ll have a UK Visas and Immigration account if you’ve applied either:
- to the EU Settlement Scheme
- for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone
01 September 2022 – 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)
>>> Do you have 6 months of leave on entry or just 2 ?
Those entering the UK from 1 January 2021 are entitled to 6 months of deemed leave, or 2 months of deemed leave where they have previously visited the UK on the basis of deemed leave (including before 1 January 2021) and have not left the CTA in the meantime.
02 September 2022 – 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 a US Online Wedding or Marriage Legal in the UK?
05 September 2022 – 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)
>>> Six Ways To Fast-Track The Home Office For A Decision To Your Immigration Application
What if the Home Office has not decided your case within the timeframe?
You have six potential ways to seek expedition to your case. Below are the steps you can take, and it is not necessary to follow the same order.
1. Contact the Home Office, preferably in writing. You should include the following information in your letter/email:
- Your full name, date of birth, nationality.
- Your current address.
- The Home Office reference number.
- Type of application you submitted.
- The date the application was submitted.
- When you expected the decision to have been made by in accordance to the Home Office timeframe.
- Give dates of any previous chase up letters sent to the Home Office.
- Most importantly, the effect of the delay in considering your application is having on you and/or your family.
If you applied within the UK, then you should write to the Home Office department where you initially sent your application to.
If you submitted your application out of the country, you should direct your email to https://www.gov.uk/contact-ukvi-inside-outside-uk. You can call the UK Visas and Immigration, but it is advisable to have something written to them and have a written response, which you can use for the steps below.
2. Make a formal complaint via https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure, If you have not received a reply to your chase up letter or if the response is not what you expected. You should provide all the information as mentioned in step 1 and enclose any chase up letters and responses you have received from the Home Office. The complaints department will investigate and should respond to you within 20 working days.
3. Contact your local MP. You can find your local MP via https://www.parliament.uk/mps-lords-and-offices/mps/. It is essential that you provide all the information related to your case so that your MP can make the appropriate enquiry.
4. Complaint to the Parliamentary and Health Service Ombudsman if the Home Office internal complaint process did not resolve your issue, or the MP was unable to assist you further. You must ask your MP to refer the matter to the Ombudsman, who will make a final decision.
5. Consider legal action by submitting a pre-action protocol letter. The pre-action protocol is a mechanism used to resolve the issues between two parties before considering lodging court proceedings. The Home Office aims to respond within 21 days.
6. Lodge a Judicial Review application as a last resort, if all above steps do not resolve your issues. As a case has been lodged against the Home Office, this usually resolves the matter quickly. Judicial Review is complex, costly and should only be used if there is a significant delay which renders the Home Office action as unlawful.
06 September 2022 – 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)
>>> Visa decision waiting times: applications outside the UK
Check how quickly you’ll receive a decision on your UK visa application if you are applying from outside the UK.
08 September 2022 – 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)
>>> What happens if your unmarried (durable) partner relationship breaks down when you have a EU Pre-Settled Status ?
According to ILPA, the Home Office is likely to CANCEL the Pre-Settled Status as for the unmarried (durable) partner there is usually NO protection in the Appendix EU under the so-called Retained Right Option.
09 September 2022 – 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)
>>> Do you need to be dependent CHILD, PARENT or RELATIVE under the EUSS to apply for ILR ?
Apparently, NO, under the current Home Office Guidance (EU4):
Caseworker guidance says:
"Family members who hold pre-settled status based on dependency Rule EU4 of Appendix EU provides, in part, that where a person has been granted pre-settled status (limited leave to enter or remain under Appendix EU) as a child, dependent parent or dependent relative, they do not need to continue to meet the eligibility requirements for that leave which they met at the date of application where these related to their dependency, in order to retain their leave and remain eligible in due course for settled status (indefinite leave to enter or remain), where they apply on the basis of the same family relationship.
For example, where a person has been granted pre-settled status on the basis of being a dependent parent of a relevant EEA citizen, they will not lose this status before that limited leave to enter or remain expires solely because they cease to be dependent on the relevant EEA citizen, and they will remain eligible in due course for indefinite leave to enter or remain as a dependent parent of that relevant EEA citizen, where they apply onthe basis of the same family relationship."
Para EU4, in more details:
> Where a person has been granted limited leave to enter or remain under this Appendix:
• They must continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A); and
• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A);and
• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A)
09 September 2022 – 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 a UK born child, who is NOT British by birth, claim asylum in the UK ?
>>> Can a berieved partner of a British citizen on a 10-year route to Settlement apply for ILR ?
The answer may be "Yes", provided if the bereaved partner's 10 year partner leave is under the Appendix FM.
See Section E-BPILR for more details:
Eligibility for indefinite leave to remain as a bereaved partner
E-BPILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a bereaved partner all of the requirements of paragraphs E-BPILR1.2. to 1.4. must be met.
E-BPILR.1.2. The applicant’s last grant of limited leave must have been granted under this Appendix as-
(a) a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
(b) a bereaved partner.
E-BPILR.1.3. The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.
E-BPILR.1.4. At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.
12 September 2022 – 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)
>>> Immigrant's biometrics will be ratained for 15 years now
From the Home Office:
"An individual’s fingerprints will normally be retained for up to 15 years from the date they were enrolled as part of an application for a visa or a BID,or other immigration process, for example,when taken at the secondary border control or at an Immigration Removal Centre. The 15-year retention period applies to fingerprints enrolled from1 July 2021. Fingerprints enrolled before 1 July 2021 will normally be retained for up to 10 years, unless they meet one of the grounds for longer retention asset out in the High harm section of the relevant guidance.
This is to ensure the applicant can be identified upon their arrival at the UK border and after arrival if encountered by Immigration Enforcement officers or the police.
REUSE OF THE BIOMETRICS
Officials will restart the 15-year fingerprint retention period for holders of limited leave where an applicant has made a new valid application for leave to enter or remain in the UK, entry clearance or registration or naturalisation as a British citizen and the Secretary of State has chosen to reuse the applicant’s fingerprint biometric information. In the case of fingerprints re-used before 1 July 2021, officials will restart the 10-year fingerprint retention period
13 September 2022 – 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)
>>> Some overstayers are still elgible for ILR
For example, for those under the Protection Route (refugees), para STP 1.3. allows a suitable, eligible, overstayer to make a valid ILR application.
21 September 2022 – 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 Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by section 12 with additional regard to refugees).
Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.
Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.
The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.
To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply:
- The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022;
- The person holds indefinite leave to enter or remain; and
- No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision.
It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to:
- Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal
- Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate
- Applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered.
Other changes to the guidance
A section on travel bans has been introduced, presumably in light of ever-changing international tension. Under section 8B of the Immigration Act 1971 a person who is the subject of a travel ban must be refused entry clearance and if the individual is already in the country, any permission they have must be cancelled. A person who is the subject of a travel ban will not normally be of good character.
The guidance states that a fine imposed under the coronavirus regulations counts as a fixed penalty notice.
And finally, there is clarification that “pending prosecutions” includes where a person is under investigation but has not yet been charged with an offence. Citizenship will not normally be granted to a person who has a pending prosecution, and the application will remain on hold (unless there are other grounds to refuse the application straight away).
21 September 2022 – 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 Home Office – ILPA conference on 21 September 2022 – UPCOMING HIGHLIGHTS/HOME OFFICE DRAFT CHANGES:
⦁ The 90 days Entry Clearance vignettes will stay (was 30 days pre-COVID)
⦁ !!! Russian and Belorussian applicants wishing to come to the UK will get more checks during their applications !!!
⦁ !!! Applicants may be permitted to travel while their applications or appeals are pending !!! – TO BE CONFIRMED BY THE HOME
⦁ !!! Separate Appendix FP Parent route to be introduced, being derived from the Appendix FM. Applicants without valid passports may fail the validity requirement and their applications may be rejected. Parents without immigration leave or on bails or as a visitor or previously had the visitor visa are likely to FAIL the suitability requirement. And the parents of the children, who may regularize their status (7-Year Rule), may not be able to get their own status sorted !!!
⦁ !!! Paragraphs EX1. and GEN. 3.2 are gone from the draft Rule changes (would otherwise allow irregular migrants, who are in a relationship with the British child/Partner tp to regularize their status in the UK) !!!!
⦁ “Half-life test” to be scrapped and incorporate not reasonable test as to why those migrants cannot leave the UK – TO BE CONFIRMED BY THE HOME OFFICE
⦁ Regularization of the young adults. The Home Office is proposing the possible Rule change for the 18 or just over migrants who had arrived by the age of 10 - they may get ILR under the 7 or 9- or 10-year Residence Test Rule – TO BE CONFIRMED BY THE HOME OFFICE
⦁ FLR applications must be submitted within 10 working days from the Fee Waiver application submission date
22 September 2022 – 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)
"Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10-year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10-year period that they may have relied on in a previous application or grant."
For example, if the applicant had ILR and resided in the UK for 10 years, and then left the UK for 2+ years and thus de-facto lost their ILR, the applicant then can enter the UK on other immigration route and apply for ILR on the Long Residence bases again.
28 September 2022 – 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)
>>> Upcoming changes to the Innovator visa route
From the Home Office conference on the Economic Migration
"The changes reform and expand the Innovator route to make provision for overseas nationals seeking entry for the purpose of establishing an innovative business (now referred to as Innovator Founders), and overseas nationals seeking entry for the purpose of professionally investing in innovative businesses in the UK (now referred to as Innovator Business Angels)
The changes remove the £50K minimum funds requirement currently applied to those coming to establish an innovative business in order to make more flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it.
The changes relax existing restrictions on Innovator migrants engaging in employment outside the running of their business, provided such secondary employment is in skilled roles (i.e., at least skilled to RQF Level 3).
The changes introduce new provision for Innovator Business Angels, which are intended to offer a route of entry and stay for experienced professional investors who intend to invest in innovative businesses in the UK. They will need to be assessed by an approved endorsing body and demonstrate that they:
a) are of good conduct as fit and proper business persons that have appropriate experience, whether as the founder of an innovative business overseas or as a professional investor in such businesses overseas;
b) have an investment plan that will deliver investment in innovative businesses in the UK as well meeting criteria for regional impact and job creation;
c) meet funding requirements which require the applicant to have £5m of their own funds and obtained from their own economic endeavours which have already been deposited in an account with a Financial Conduct Authority-regulated financial institution and have been subjected to relevant due diligence checks and know your customer checks in advance of the overseas national applying for an endorsement.
These changes specify that successful applicants under the arrangements for Innovator Business Angels will be required to be active as an investor on a day-to-day-basis and to have invested at least £2m in innovative businesses within 1 year of entry under these arrangements, and their progress in implementing their investment plan will be monitored through checkpoints administered by the endorsing bodies at 12 and 24 months.
These changes specify that settlement for Innovator Business Angels after 3 years will require the applicant to have invested at least £5m in line with their investment plan; to demonstrate that their investments have led to the creation of 20 full-time jobs; and to meet other specified criteria relating to economic performance of the businesses they have invested in.
These changes close the Start-up route to new initial applications, except where they are supported by endorsements issued before [entry into force date]. With the removal of the £50K minimum funds requirement for Innovator Founders under the Innovator route, is no longer necessary to retain a separate route for start-up entrepreneurs that do not have access to this level of funds.
Endorsement is STILL REQUIRED
Investments can be obtained from the Endorsing Body
30 September 2022 – 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)
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom.
OH challenged a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and his wife were both medical professionals. After fleeing to the UK and several failed asylum applications as the primary claimant, his wife made an asylum application instead, with OH as her dependant. Neither of them met the requirements for permission to work under the Immigration rules, so they asked the Secretary of State to exercise her discretion instead. OH’s wife was granted a right to work but he was not.
The court confirmed that the Secretary of State did not need to exercise discretion when considering an application for permission to work, for the purposes of article 8 read with article 14 of the European Convention on Human Rights
The Tribunal agreed with the Home Office’s justifications for the difference in treatment, including that:
- It prioritised the economic well-being of the United Kingdom in its task of protecting the local labour market, ensuring the line is not blurred between potential economic migrants and asylum seekers;
- It reflected the fact that the country was not under an international obligation to grant the right to work to dependants of asylum seekers;
- Dependants of asylum seekers are allowed to volunteer; they just could not take on paid work
The Upper Tribunal recognised that it may be possible for an individual to have made a claim independently and that would allow them to work.
Ultimately, it was for the Home Office to “draw a line” on who was entitled to access the local labour market. Adopting a restrictive approach to dependants of asylum seekers is a legitimate reflection of these policy objectives, as well as within the ambit of article 8.
08 October 2022 – 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 High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin).
20 October 2022 – 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)
>>> Not so good news for appellants seeking to rely upon witness evidence by video from abroad
It is not surprising that a tribunal that is concerned with immigration matters should receive applications that witnesses should be permitted to give evidence from abroad by video. Appellants already faced procedural obstacles to the admission of that evidence, which requires the consent of the foreign government.
Refusals to grant such permission from oppressive regimes always seemed likely. But I confess that I had never imagined that developed, democratic countries would take such a stance. Sadly, it seems that was overly optimistic and the German government, at least, will not consent, as the following extract from Andrew Evans v R&V Allgemeine Verisherung AG [2022] EWHC 2436 (QB) makes clear:
“[5]… On the morning of the second day it became apparent that the witnesses were not present and as such a formal application was made by counsel for the defendant to hear their evidence by video. It became clear as set out in my earlier judgment on this matter that the foreign office had indicated that they had a diplomatic objection to that; the German government had stated that they would not allow German nationals to give evidence by video in courts of foreign jurisdictions. As such the foreign office says (in an email that was read to me by counsel) that they too objected. Nevertheless, an application was made for me to ignore the diplomatic objection and hear such evidence. I refused that application.”
Quite why Germany should take that position, which seems likely to disadvantage its own nationals in immigration appeals in the United Kingdom, is unclear.
21 October 2022 – 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)
>>> Visa processing times
UK Visas and Immigration (UKVI) are currently experiencing high global demand meaning in some cases, it may take longer to process visa applications.
The customer service standard on standard visa processing times for out of country applications is generally 3 weeks.
Visit visas are taking an average of 7 weeks and we are working hard to get back to the 3 week service standard.
Applications for family visas remains at 24 weeks.
The processing times can change on a weekly basis.
The processing times are a global average, and we recognise that timescales may vary from region to region. Information will be provided throughout the customer visa journey.
>>> Ukrainian support
The Home Office continues to support Ukrainian nationals and their family members. We are working at pace to process visa applications as quickly as possible.
Keep checking the UK visa support for Ukrainian Nationals GOV.UK page for information and updates across the schemes.
Due to volatile situation, the Kyiv visa application centre has closed for passport pass back. Reopening will be kept under review.
Eligibility for the Ukraine Extension Scheme has now been extended to allow those who have and continue to arrive after 18 March 2022, until 16 May 2023, to apply. See Apply to stay in the UK under the Ukraine Extension Scheme - GOV.UK (www.gov.uk) for more details.
The latest operational data on the number of applications to come to or stay in the UK is available on the Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) GOV.UK page.
>>> UKVI Digital BRP letters
As part of ongoing improvements to the customer journey, UK Visas & Immigration (UKVI) has streamlined parts of the Biometric Residence Permit (BRP) process for customers applying for certain visas with a duration of more than 6 months.
From 10 October 2022 Biometric Residence Permit (BRP) letters are now issued via email. Physical letters will no longer provided at the VAC.
Customers are reminded to use their own personal, up-to-date email address, or one that they have easy access to, when completing their visa application.
Customers will still need to collect their BRP card once they arrive in the UK.
Information on Biometric residence permits (BRPs) can be found on GOV.UK
26 October 2022 – 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 Statement of Changes, published on 18 October 2022, has introduced yet another appendix to the Immigration Rules: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery. The new appendix will be added on 30 January 2023.
No initial application required
Looking at the appendix, one may notice that it only caters for extension applications. This is because individuals who fall within scope of the appendix are not required to make an application for temporary leave to remain. There is already a support system in place in the UK for victims of trafficking. It includes policy on referrals for potential victims of trafficking, and making reasonable and conclusive grounds decisions on whether an individual has in fact been a victim of trafficking or exploitation.
From January, individuals will automatically be considered under this new route by the Secretary of State, upon receiving a positive conclusive grounds decision. The route essentially adds to the rules the current policy of providing a temporary grant of leave to an individual found to be a victim of trafficking, even where they already have an asylum claim being considered. This falls in line with the High Court’s decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin).
This, in theory, means that every person who receives a positive conclusive grounds decision should be considered under this appendix where they are not a British citizen and do not have an alternative and more favourable immigration permission.
02 November 2022 – 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)
>>> UKVI Digital BRP letters
As part of ongoing improvements to the customer journey, UK Visas & Immigration (UKVI) has streamlined parts of the Biometric Residence Permit (BRP) process for customers applying for certain visas with a duration of more than 6 months.
From 10 October 2022 Biometric Residence Permit (BRP) letters are now issued via email. Physical letters will no longer provided at the VAC.
Customers are reminded to use their own personal, up-to-date email address, or one that they have easy access to, when completing their visa application.
Customers will still need to collect their BRP card once they arrive in the UK.
Information on Biometric residence permits (BRPs) can be found on GOV.UK’
03 November 2022 – 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)
04 November 2022 – 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 Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons.
The update effectively concedes to the judgment in VI v HMRC and takes into account how the NHS handled the term “ordinary resident” in the past. It confirms that anyone living in the UK would be entitled to access the NHS, even if they did not have separate sickness insurance upon arrival.
07 November 2022 – 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 following changes have been made to the document:
· The Exceptional Assurance has been extended to 30 November 2022.
· The concessions for those working for the NHS expired on 4 October 2022.
· The concession for Health and Care Workers has closed.
Обратите внимание, что для граждан Швейцарии существуют другие правила для привоза членов семьи в Великобританию.
Так, например, если Ваша супруга/супруг - гражданка/гражданин Швейцарии и жила/жил в Великобритании на 31 декабря 2020 года, она/он может заключить брак вплоть до 31 ДЕКАБРЯ 2025 ГОДА, чтобы привезти СУПРУГА/СУПРУГУ по категории EU Settlement Scheme (EUSS) Family Permit.
Для сравнения: граждане других стран EU должны были заключить брак до 31 декабря 2020 года, чтобы привезти супругов в Великобританию по категории EU Settlement Scheme (EUSS) Family Permit.
Комментарии
>>> The Home Office Rules force migrants and their family members to seek legal assistance, the Court of Appeal Judge says: https://www.bailii.org/ew/cases/EWCA/Civ/2010/773.html
"I am left perplexed and concerned how any individual whom the Rules affect (especially perhaps a student, like Mr A, who is seeking a variation of his leave to remain in the United Kingdom) can discover what the policy of the Secretary of State actually is at any particular time if it necessitates a trawl through Hansard or formal Home Office correspondence as well as through the comparatively complex Rules themselves. It seems that it is only with expensive legal assistance...that justice can be done."
>>> Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC).
The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals, unless the Home Office consents to this. This will aspect of the decision will be considered in a separate blog post, coming soon.
>>> UKVI Update Re: (Overseas) Student Priority Visa and Super Priority Visa Services
From the UK BA:
"We can confirm that today, 12 August, UKVI have resumed Priority Visa (PV) and Super Priority Visa (SPV) services for new student visa applications (in existing locations). Please feel free to share this with your own stakeholder groups."
>>> No reprieve for durable partners prevented from marrying due to COVID-19: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00220
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) the Upper Tribunal has decided that he — and anyone else in a similar situation — cannot benefit from the EU Settlement Scheme.
Unmarried couples did not have automatic rights under EU free movement law in the same way that direct family members, such as spouses, did. This meant that they had to apply for a residence document under the Immigration (EEA) Regulations 2016 or marry before 31 December 2020 – when EU law ceased to apply in the UK.
The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals unless the Home Office consents to this.
>>> Advice for a woman getting married (Change of name) https://deedpolloffice.com/advice/woman-getting-married
>>> Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) - Applicants aged under 18: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=253cb704-1f9f-4a4f-919d-14bb42c01096&utm_content=immediately
Updated:
"Applicants aged under 18
Children under 18 years old must either:
- apply with their parent or legal guardian
- apply to join their parent or legal guardian if they’re already in the UK
- apply with the consent of their parent or legal guardian to travel to the UK to join an approved sponsor"
>>> UK visa support for Ukrainian nationals - UPDATED: https://www.gov.uk/guidance/support-for-family-members-of-british-nationals-in-ukraine-and-ukrainian-nationals-in-ukraine-and-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4465a465-104e-4a66-b63a-58511e6deab5&utm_content=immediately
Condensed information so it’s clearer and focused on visa support for Ukrainian nationals:
- removed links to information that’s included in the Ukraine foreign travel advice section
- added links to indefinite leave to remain and EU settled or pre-settled status pages
- clarified what you can do if you have a sponsor
- added more information about visa application centres
- clarified information about staying longer if you’re already in the UK
- removed chapter about travelling to the UK urgently as it’s no longer needed
- Russian and Ukrainian translations updated
>>> Bitcoin savings cannot be used as evidence of funds in some of the UK Visa Applications: https://www.gov.uk/guidance/financial-evidence-for-student-and-child-student-route-applicants?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4e926465-c7db-4993-a88f-717563b799a9&utm_content=immediately#what-evidence-is-not-accepted
"What evidence is not accepted
The following are not accepted as evidence to show you have the required amount of money:
- overdrafts
>>> bitcoin savings <<<
- stocks and shares
- pensions
- bank accounts that are not regulated by the financial regulatory body in the country in which the bank operates
bank accounts that don’t use electronic record keeping"
>>> Permission to work and volunteering for asylum seekers: https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction/permission-to-work-and-volunteering-for-asylum-seekers-accessible-version#:~:text=The Immigration Rules,-Part 11B of&text=paragraph 360 sets out that,no fault of the -applicant
>>> Apply for a UK visa in the USA - address updated: https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa
>>> What is the difference between IELTS and UKVI IELTS?
There is no difference between the test format of IELTS and IELTS for UKVI. The test stands the same in terms of content, format, level of difficulty and scoring for both IELTS (Academic and General Training) and IELTS for UKVI (Academic and General training).
The only difference between the two is that the Test Report Forms, which enclose your results, will be somewhat dissimilar to show that you have taken the test at a certified IELTS UKVI location approved by the UK Home Office. The sole purpose of IELTS UKVI is to meet a set of administrative requirements specified by the UK Home office.
>>> It is not possible to raise the human rights points in EU Settled Status appeals, unless Home Office consent: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00220 and https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00219
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal.
In short: they can be considered where the Home Office consent to this.
Separate application required
This was highlighted in Celik. The Upper Tribunal noted that appellants who want to rely on article 8 “can and should make the relevant application, accompanied by the appropriate fee” (at [98]).
Applicants who have been unsuccessful under the EU Settled Status scheme are therefore left to start all over again: going to the expense of making a paid human rights application and appealing any refusal.
>>> Update your UK Visas and Immigration account details: https://www.gov.uk/update-uk-visas-immigration-account-details
Overview
You should update your UK Visas and Immigration (UKVI) account if you’ve changed your:
-mobile phone number
-email address
-name
-identity document, such as your passport or national identity card
-UK address
You can also:
-correct your date of birth
-add an extra nationality - if you have dual nationality, for example
-add an extra identity document
-change your photo, for example if your appearance has changed and you can no longer be recognised from your photo
-give someone else access to your visa applications, if you’d like them to help you apply
-give someone else ownership of the UKVI account, if you set up the account on their behalf
---> You cannot change your identity document or name if you’re waiting for a decision on a visa application.
Who has a UKVI account
You’ll have a UK Visas and Immigration account if you’ve applied either:
- to the EU Settlement Scheme
- for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone
>>> Do you have 6 months of leave on entry or just 2 ?
Deemed leave under Article 4: https://www.gov.uk/government/publications/common-travel-area
Those entering the UK from 1 January 2021 are entitled to 6 months of deemed leave, or 2 months of deemed leave where they have previously visited the UK on the basis of deemed leave (including before 1 January 2021) and have not left the CTA in the meantime.
>>> From 20 June 2022 applicants, with current leave to remain as a partner or parent on the 10 year family route MUST NOT apply under thr SET(LR) form. Instead, use this form: https://visas-immigration.service.gov.uk/product/settlement-adult-relative
>>> Is a US Online Wedding or Marriage Legal in the UK?
See https://marryfromhome.com/knowledge-base/online-marriage-legal-uk/
>>> SETM - can one include their children, who lived in the UK for LESS than 5 years ?
The answer is "yes", as there is no qualifying period required for child’s ILR under D-LTRC, 298.
>>> Six Ways To Fast-Track The Home Office For A Decision To Your Immigration Application
What if the Home Office has not decided your case within the timeframe?
You have six potential ways to seek expedition to your case. Below are the steps you can take, and it is not necessary to follow the same order.
1. Contact the Home Office, preferably in writing. You should include the following information in your letter/email:
- Your full name, date of birth, nationality.
- Your current address.
- The Home Office reference number.
- Type of application you submitted.
- The date the application was submitted.
- When you expected the decision to have been made by in accordance to the Home Office timeframe.
- Give dates of any previous chase up letters sent to the Home Office.
- Most importantly, the effect of the delay in considering your application is having on you and/or your family.
If you applied within the UK, then you should write to the Home Office department where you initially sent your application to.
If you submitted your application out of the country, you should direct your email to https://www.gov.uk/contact-ukvi-inside-outside-uk. You can call the UK Visas and Immigration, but it is advisable to have something written to them and have a written response, which you can use for the steps below.
2. Make a formal complaint via https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure, If you have not received a reply to your chase up letter or if the response is not what you expected. You should provide all the information as mentioned in step 1 and enclose any chase up letters and responses you have received from the Home Office. The complaints department will investigate and should respond to you within 20 working days.
3. Contact your local MP. You can find your local MP via https://www.parliament.uk/mps-lords-and-offices/mps/. It is essential that you provide all the information related to your case so that your MP can make the appropriate enquiry.
4. Complaint to the Parliamentary and Health Service Ombudsman if the Home Office internal complaint process did not resolve your issue, or the MP was unable to assist you further. You must ask your MP to refer the matter to the Ombudsman, who will make a final decision.
5. Consider legal action by submitting a pre-action protocol letter. The pre-action protocol is a mechanism used to resolve the issues between two parties before considering lodging court proceedings. The Home Office aims to respond within 21 days.
6. Lodge a Judicial Review application as a last resort, if all above steps do not resolve your issues. As a case has been lodged against the Home Office, this usually resolves the matter quickly. Judicial Review is complex, costly and should only be used if there is a significant delay which renders the Home Office action as unlawful.
>>> Visa decision waiting times: applications outside the UK
Check how quickly you’ll receive a decision on your UK visa application if you are applying from outside the UK.
https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=e381862a-49e9-4944-a90e-a15236ad5dc3&utm_content=immediately
>>> What happens if your unmarried (durable) partner relationship breaks down when you have a EU Pre-Settled Status ?
According to ILPA, the Home Office is likely to CANCEL the Pre-Settled Status as for the unmarried (durable) partner there is usually NO protection in the Appendix EU under the so-called Retained Right Option.
>>> Do you need to be dependent CHILD, PARENT or RELATIVE under the EUSS to apply for ILR ?
Apparently, NO, under the current Home Office Guidance (EU4):
Caseworker guidance says:
"Family members who hold pre-settled status based on dependency Rule EU4 of Appendix EU provides, in part, that where a person has been granted pre-settled status (limited leave to enter or remain under Appendix EU) as a child, dependent parent or dependent relative, they do not need to continue to meet the eligibility requirements for that leave which they met at the date of application where these related to their dependency, in order to retain their leave and remain eligible in due course for settled status (indefinite leave to enter or remain), where they apply on the basis of the same family relationship.
For example, where a person has been granted pre-settled status on the basis of being a dependent parent of a relevant EEA citizen, they will not lose this status before that limited leave to enter or remain expires solely because they cease to be dependent on the relevant EEA citizen, and they will remain eligible in due course for indefinite leave to enter or remain as a dependent parent of that relevant EEA citizen, where they apply onthe basis of the same family relationship."
Para EU4, in more details:
> Where a person has been granted limited leave to enter or remain under this Appendix:
• They must continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A); and
• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A);and
• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A)
>>> Can a UK born child, who is NOT British by birth, claim asylum in the UK ?
The answer seems to be "Yes", according to the Home Office's current Guidance: https://www.gov.uk/government/publications/dependants-and-former-dependants-asylum-policy-instruction
>>> Can a berieved partner of a British citizen on a 10-year route to Settlement apply for ILR ?
The answer may be "Yes", provided if the bereaved partner's 10 year partner leave is under the Appendix FM.
See Section E-BPILR for more details:
Eligibility for indefinite leave to remain as a bereaved partner
E-BPILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a bereaved partner all of the requirements of paragraphs E-BPILR1.2. to 1.4. must be met.
E-BPILR.1.2. The applicant’s last grant of limited leave must have been granted under this Appendix as-
(a) a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
(b) a bereaved partner.
E-BPILR.1.3. The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.
E-BPILR.1.4. At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.
>>> Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme visa data: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2
>>> Immigrant's biometrics will be ratained for 15 years now
From the Home Office:
"An individual’s fingerprints will normally be retained for up to 15 years from the date they were enrolled as part of an application for a visa or a BID,or other immigration process, for example,when taken at the secondary border control or at an Immigration Removal Centre. The 15-year retention period applies to fingerprints enrolled from1 July 2021. Fingerprints enrolled before 1 July 2021 will normally be retained for up to 10 years, unless they meet one of the grounds for longer retention asset out in the High harm section of the relevant guidance.
This is to ensure the applicant can be identified upon their arrival at the UK border and after arrival if encountered by Immigration Enforcement officers or the police.
REUSE OF THE BIOMETRICS
Officials will restart the 15-year fingerprint retention period for holders of limited leave where an applicant has made a new valid application for leave to enter or remain in the UK, entry clearance or registration or naturalisation as a British citizen and the Secretary of State has chosen to reuse the applicant’s fingerprint biometric information. In the case of fingerprints re-used before 1 July 2021, officials will restart the 10-year fingerprint retention period
>>> Some overstayers are still elgible for ILR
For example, for those under the Protection Route (refugees), para STP 1.3. allows a suitable, eligible, overstayer to make a valid ILR application.
>>> Guidance update: good character in nationality applications: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1103595/Nationality_policy_-_good_character.pdf
The Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by section 12 with additional regard to refugees).
Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.
Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.
The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.
To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply:
- The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022;
- The person holds indefinite leave to enter or remain; and
- No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision.
It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to:
- Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal
- Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate
- Applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered.
Other changes to the guidance
A section on travel bans has been introduced, presumably in light of ever-changing international tension. Under section 8B of the Immigration Act 1971 a person who is the subject of a travel ban must be refused entry clearance and if the individual is already in the country, any permission they have must be cancelled. A person who is the subject of a travel ban will not normally be of good character.
The guidance states that a fine imposed under the coronavirus regulations counts as a fixed penalty notice.
And finally, there is clarification that “pending prosecutions” includes where a person is under investigation but has not yet been charged with an offence. Citizenship will not normally be granted to a person who has a pending prosecution, and the application will remain on hold (unless there are other grounds to refuse the application straight away).
>>> From the Home Office – ILPA conference on 21 September 2022 – UPCOMING HIGHLIGHTS/HOME OFFICE DRAFT CHANGES:
⦁ The 90 days Entry Clearance vignettes will stay (was 30 days pre-COVID)
⦁ !!! Russian and Belorussian applicants wishing to come to the UK will get more checks during their applications !!!
⦁ !!! Applicants may be permitted to travel while their applications or appeals are pending !!! – TO BE CONFIRMED BY THE HOME
⦁ !!! Separate Appendix FP Parent route to be introduced, being derived from the Appendix FM. Applicants without valid passports may fail the validity requirement and their applications may be rejected. Parents without immigration leave or on bails or as a visitor or previously had the visitor visa are likely to FAIL the suitability requirement. And the parents of the children, who may regularize their status (7-Year Rule), may not be able to get their own status sorted !!!
⦁ !!! Paragraphs EX1. and GEN. 3.2 are gone from the draft Rule changes (would otherwise allow irregular migrants, who are in a relationship with the British child/Partner tp to regularize their status in the UK) !!!!
⦁ “Half-life test” to be scrapped and incorporate not reasonable test as to why those migrants cannot leave the UK – TO BE CONFIRMED BY THE HOME OFFICE
⦁ Regularization of the young adults. The Home Office is proposing the possible Rule change for the 18 or just over migrants who had arrived by the age of 10 - they may get ILR under the 7 or 9- or 10-year Residence Test Rule – TO BE CONFIRMED BY THE HOME OFFICE
⦁ FLR applications must be submitted within 10 working days from the Fee Waiver application submission date
>>> UK residence cards: https://www.gov.uk/uk-residence-card/replace
Guidance on how to replace or amend your BRP/BRC card
>>> 10 years continuous lawful residence important notice: https://www.gov.uk/government/publications/long-residence
From the Home Office Guidance:
"Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10-year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10-year period that they may have relied on in a previous application or grant."
For example, if the applicant had ILR and resided in the UK for 10 years, and then left the UK for 2+ years and thus de-facto lost their ILR, the applicant then can enter the UK on other immigration route and apply for ILR on the Long Residence bases again.
>>> Upcoming changes to the Innovator visa route
From the Home Office conference on the Economic Migration
"The changes reform and expand the Innovator route to make provision for overseas nationals seeking entry for the purpose of establishing an innovative business (now referred to as Innovator Founders), and overseas nationals seeking entry for the purpose of professionally investing in innovative businesses in the UK (now referred to as Innovator Business Angels)
The changes remove the £50K minimum funds requirement currently applied to those coming to establish an innovative business in order to make more flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it.
The changes relax existing restrictions on Innovator migrants engaging in employment outside the running of their business, provided such secondary employment is in skilled roles (i.e., at least skilled to RQF Level 3).
The changes introduce new provision for Innovator Business Angels, which are intended to offer a route of entry and stay for experienced professional investors who intend to invest in innovative businesses in the UK. They will need to be assessed by an approved endorsing body and demonstrate that they:
a) are of good conduct as fit and proper business persons that have appropriate experience, whether as the founder of an innovative business overseas or as a professional investor in such businesses overseas;
b) have an investment plan that will deliver investment in innovative businesses in the UK as well meeting criteria for regional impact and job creation;
c) meet funding requirements which require the applicant to have £5m of their own funds and obtained from their own economic endeavours which have already been deposited in an account with a Financial Conduct Authority-regulated financial institution and have been subjected to relevant due diligence checks and know your customer checks in advance of the overseas national applying for an endorsement.
These changes specify that successful applicants under the arrangements for Innovator Business Angels will be required to be active as an investor on a day-to-day-basis and to have invested at least £2m in innovative businesses within 1 year of entry under these arrangements, and their progress in implementing their investment plan will be monitored through checkpoints administered by the endorsing bodies at 12 and 24 months.
These changes specify that settlement for Innovator Business Angels after 3 years will require the applicant to have invested at least £5m in line with their investment plan; to demonstrate that their investments have led to the creation of 20 full-time jobs; and to meet other specified criteria relating to economic performance of the businesses they have invested in.
These changes close the Start-up route to new initial applications, except where they are supported by endorsements issued before [entry into force date]. With the removal of the £50K minimum funds requirement for Innovator Founders under the Innovator route, is no longer necessary to retain a separate route for start-up entrepreneurs that do not have access to this level of funds.
Endorsement is STILL REQUIRED
Investments can be obtained from the Endorsing Body
>>> No unlawful decision on right to work for the dependant of an asylum seeker: https://www.bailii.org/uk/cases/UKAITUR/2022/JR2021LON001003.html
OH v Secretary of State for the Home Department [2022] UKAITUR JR2021LON001003 concerns the rights of a dependant of an asylum seeker to work in the United Kingdom.
OH challenged a decision to refuse his request to work whilst he was a dependant of his wife’s asylum claim. OH and his wife were both medical professionals. After fleeing to the UK and several failed asylum applications as the primary claimant, his wife made an asylum application instead, with OH as her dependant. Neither of them met the requirements for permission to work under the Immigration rules, so they asked the Secretary of State to exercise her discretion instead. OH’s wife was granted a right to work but he was not.
The court confirmed that the Secretary of State did not need to exercise discretion when considering an application for permission to work, for the purposes of article 8 read with article 14 of the European Convention on Human Rights
The Tribunal agreed with the Home Office’s justifications for the difference in treatment, including that:
- It prioritised the economic well-being of the United Kingdom in its task of protecting the local labour market, ensuring the line is not blurred between potential economic migrants and asylum seekers;
- It reflected the fact that the country was not under an international obligation to grant the right to work to dependants of asylum seekers;
- Dependants of asylum seekers are allowed to volunteer; they just could not take on paid work
The Upper Tribunal recognised that it may be possible for an individual to have made a claim independently and that would allow them to work.
Ultimately, it was for the Home Office to “draw a line” on who was entitled to access the local labour market. Adopting a restrictive approach to dependants of asylum seekers is a legitimate reflection of these policy objectives, as well as within the ambit of article 8.
>>> Applicants from Afghanistan may not need to enrol biometrics at the time of an application: https://www.bailii.org/ew/cases/EWHC/Admin/2022/2473.html
The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin).
>>> Not so good news for appellants seeking to rely upon witness evidence by video from abroad
It is not surprising that a tribunal that is concerned with immigration matters should receive applications that witnesses should be permitted to give evidence from abroad by video. Appellants already faced procedural obstacles to the admission of that evidence, which requires the consent of the foreign government.
Refusals to grant such permission from oppressive regimes always seemed likely. But I confess that I had never imagined that developed, democratic countries would take such a stance. Sadly, it seems that was overly optimistic and the German government, at least, will not consent, as the following extract from Andrew Evans v R&V Allgemeine Verisherung AG [2022] EWHC 2436 (QB) makes clear:
“[5]… On the morning of the second day it became apparent that the witnesses were not present and as such a formal application was made by counsel for the defendant to hear their evidence by video. It became clear as set out in my earlier judgment on this matter that the foreign office had indicated that they had a diplomatic objection to that; the German government had stated that they would not allow German nationals to give evidence by video in courts of foreign jurisdictions. As such the foreign office says (in an email that was read to me by counsel) that they too objected. Nevertheless, an application was made for me to ignore the diplomatic objection and hear such evidence. I refused that application.”
Quite why Germany should take that position, which seems likely to disadvantage its own nationals in immigration appeals in the United Kingdom, is unclear.
>>> Visa processing times
UK Visas and Immigration (UKVI) are currently experiencing high global demand meaning in some cases, it may take longer to process visa applications.
The customer service standard on standard visa processing times for out of country applications is generally 3 weeks.
Visit visas are taking an average of 7 weeks and we are working hard to get back to the 3 week service standard.
Applications for family visas remains at 24 weeks.
The processing times can change on a weekly basis.
The processing times are a global average, and we recognise that timescales may vary from region to region. Information will be provided throughout the customer visa journey.
>>> Ukrainian support
The Home Office continues to support Ukrainian nationals and their family members. We are working at pace to process visa applications as quickly as possible.
Keep checking the UK visa support for Ukrainian Nationals GOV.UK page for information and updates across the schemes.
Due to volatile situation, the Kyiv visa application centre has closed for passport pass back. Reopening will be kept under review.
Eligibility for the Ukraine Extension Scheme has now been extended to allow those who have and continue to arrive after 18 March 2022, until 16 May 2023, to apply. See Apply to stay in the UK under the Ukraine Extension Scheme - GOV.UK (www.gov.uk) for more details.
The latest operational data on the number of applications to come to or stay in the UK is available on the Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) GOV.UK page.
>>> UKVI Digital BRP letters
As part of ongoing improvements to the customer journey, UK Visas & Immigration (UKVI) has streamlined parts of the Biometric Residence Permit (BRP) process for customers applying for certain visas with a duration of more than 6 months.
From 10 October 2022 Biometric Residence Permit (BRP) letters are now issued via email. Physical letters will no longer provided at the VAC.
Customers are reminded to use their own personal, up-to-date email address, or one that they have easy access to, when completing their visa application.
Customers will still need to collect their BRP card once they arrive in the UK.
Information on Biometric residence permits (BRPs) can be found on GOV.UK
>>> Statement of Changes HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1111631/E02806323_-_Immigration_Rules_changes_-_HC_719__Web_Accessible_.pdf
The new Statement of Changes, published on 18 October 2022, has introduced yet another appendix to the Immigration Rules: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery. The new appendix will be added on 30 January 2023.
No initial application required
Looking at the appendix, one may notice that it only caters for extension applications. This is because individuals who fall within scope of the appendix are not required to make an application for temporary leave to remain. There is already a support system in place in the UK for victims of trafficking. It includes policy on referrals for potential victims of trafficking, and making reasonable and conclusive grounds decisions on whether an individual has in fact been a victim of trafficking or exploitation.
From January, individuals will automatically be considered under this new route by the Secretary of State, upon receiving a positive conclusive grounds decision. The route essentially adds to the rules the current policy of providing a temporary grant of leave to an individual found to be a victim of trafficking, even where they already have an asylum claim being considered. This falls in line with the High Court’s decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin).
This, in theory, means that every person who receives a positive conclusive grounds decision should be considered under this appendix where they are not a British citizen and do not have an alternative and more favourable immigration permission.
>>> UKVI Digital BRP letters
As part of ongoing improvements to the customer journey, UK Visas & Immigration (UKVI) has streamlined parts of the Biometric Residence Permit (BRP) process for customers applying for certain visas with a duration of more than 6 months.
From 10 October 2022 Biometric Residence Permit (BRP) letters are now issued via email. Physical letters will no longer provided at the VAC.
Customers are reminded to use their own personal, up-to-date email address, or one that they have easy access to, when completing their visa application.
Customers will still need to collect their BRP card once they arrive in the UK.
Information on Biometric residence permits (BRPs) can be found on GOV.UK’
>>> Get a faster decision on your visa or settlement application:https://www.gov.uk/faster-decision-visa-settlement/eligible-visas-when-applying-inside-the-uk
The list has been updated to include MORE categories.
>>> High Potential Individual visa: global universities list 2022
See the current list at https://www.gov.uk/government/publications/high-potential-individual-visa-global-universities-list/high-potential-individual-visa-global-universities-list-2022
Mostly US, Australia, China and a few EU Universities are listed.
>>> Check if you're a British citizen: https://www.gov.uk/check-british-citizenship/your-parents-immigration-status-when-you-were-born#permanent-residence-status
>>> Home Office guidance update: the NHS and comprehensive sickness insurance for EEA nationals: https://www.gov.uk/government/publications/european-economic-area-nationals-qualified-persons?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=450ba049-ce18-4ea1-ac88-aa3aecbda0d5&utm_content=immediately#full-publication-update-history
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons.
The update effectively concedes to the judgment in VI v HMRC and takes into account how the NHS handled the term “ordinary resident” in the past. It confirms that anyone living in the UK would be entitled to access the NHS, even if they did not have separate sickness insurance upon arrival.
>>> 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-topic&utm_source=51523832-1fa3-40b7-9c5d-89304bad3b78&utm_content=immediately
The following changes have been made to the document:
· The Exceptional Assurance has been extended to 30 November 2022.
· The concessions for those working for the NHS expired on 4 October 2022.
· The concession for Health and Care Workers has closed.
Так, например, если Ваша супруга/супруг - гражданка/гражданин Швейцарии и жила/жил в Великобритании на 31 декабря 2020 года, она/он может заключить брак вплоть до 31 ДЕКАБРЯ 2025 ГОДА, чтобы привезти СУПРУГА/СУПРУГУ по категории EU Settlement Scheme (EUSS) Family Permit.
Для сравнения: граждане других стран EU должны были заключить брак до 31 декабря 2020 года, чтобы привезти супругов в Великобританию по категории EU Settlement Scheme (EUSS) Family Permit.
Надеюсь, эта информация кому-то будет полезна.