10 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)
>>> A dependent child over 21, who is married, can still apply under the EU Settlement Scheme (EUSS) Family Permit
Note, though, that the Home Office may probably attempt to refuse such as application and an appeal may be necessary.
11 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)
>>> Guidance for sponsors updated: start dates, working hours, and pay
The Home Office has made several changes that businesses sponsoring overseas workers should be aware of.
Changing start dates
An individual can now start working in their sponsored employment as soon as they have permission to enter or stay in the UK, under paragraph S3.9 of the general information guidance. They no longer have to wait for the start date given on their Certificate of Sponsorship (CoS). There is no need to report the change on the SMS system if the start date has been brought forward after an individual has been granted permission to enter or remain in the UK.
The updated guidance confirms that there is no longer a need to report a delayed start date on the SMS system where the worker has already been granted permission, as long as the new start date is not delayed more than the standard 28-day period.
A concession has also been added that allows sponsors to continue to sponsor a migrant beyond the standard 28-day period where they have an acceptable reason to do so:
"Acceptable reasons for a delayed start may include:
- travel disruption due to a natural disaster, military conflict or pandemic
- the worker is required to work out a contractual notice period for their previous employer – if the worker is in the UK, their conditions of stay must allow them to do this
- the worker requires an exit visa from their home country and there have been administrative delays in processing this
- illness, bereavement or other compelling family or personal circumstances.”
Considering working hours in a Defined Certificate of Sponsorship
The salary entered on a Defined CoS must genuinely reflect what the worker will be paid. Sponsors of skilled workers must therefore state the number of hours the individual will work each week in the “Summary of job description” text box, in the Defined CoS.
Concessions for extended absences without pay
A concession has been added to the general information guidance to allow the continued employment of a person who has been absent from work without pay for more than four weeks. That is, provided that there is a compelling and compassionate reason for their absence, but where none of the exceptions (for example, statutory maternity or sick leave) in paragraph S4.14 apply. The four weeks do not have to be consecutive. For skilled workers, the rule is four weeks in any calendar year.
Including allowances in a salary
Several updates reflecting the Statement of Changes HC 719 have been confirmed in the guidance, now that the changes have come into force (as of 9 November 2022). In particular, the skilled worker guidance confirms that only guaranteed basic gross pay should be included in the salary section of the CoS.
Other allowances, pay or benefits (even if guaranteed) will no longer be considered when assessing a worker’s level of pay. For example, pensions, shift allowances, accommodation, or cost of living allowances should not be included in the gross salary on the certificate of sponsorship.
Some transitional provisions are in place for applications made for permission to stay or indefinite leave to remain until 1 December 2026, though.
Some of the updates provide a welcome break from extensive SMS reporting and are perhaps a reflection of an overwhelmed Home Office team, apparently inundated with new sponsor licence applications, as well as their other duties. The changes also usefully acknowledge that there are no long-term adverse effects to sponsors, workers, or the immigration system from relaxing the strict 28-day rule. However, sponsors should continue to read and regularly refer the guidance documents. Be aware that short additions have been included which, for example, confirm that compliance action can be taken against those who provide misleading information about the skill level of a job.
15 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)
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing a false identity document. Elmi had not been advised that he could use the defence of a presumptive refugee under s.31 of the Immigration and Asylum Act 1999.
23 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)
>>> Procedural errors should be remitted says Court of Appeal
The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision of the First-tier Tribunal. The case is AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512.
The court decided that, in the context of a statutory appeal, the location of the judges is decisive. It is not about determining which court has the greater knowledge of local conditions.
25 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)
>>> All you need about the Brexit: Asylum backlog hits 150,000 and net migration hits 500,000
The backlog
Asylum applications have continued to rise as the year has gone on. In the year ending September 2022, there were 72,027 asylum applications relating to 85,902 people. The previous largest peak was a total of 84,132 applications in 2002.
Net migration
Over one million people moved to the UK last year, but over half a million also left. Net migration was therefore just over 500,000 in the last year. This is the highest net migration figure on record. The year before, net migration was around 170,000. The pandemic has had an impact over the past few years, and the increase is partially due to the travel sector recovering over. The updated immigration system and the arrival of country-specific visa schemes have also significantly contributed.
29 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 final "good-bye" to the Home Office COVID19 concession ?
30 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)
>>> Settlement Entry Clearance applications - the (new) retrospectove service from the Home Office
During the meeting with the Home Office they informed that:
- There will soon be introduced the (new) retrospective Priority Service for the Settlement/Family Entry Clearance applications, lodged outside the UK. For example, those who have been waiting, say, 80-90 days, may be offered an option to pay for the application to be considered faster. The date is due to be confirmed, probably at some point in December 2022
- It is now taking 103 WORKING DAYS on average to consider the Settlement Application, lodged outside the UK (UK Spouse Visa etc)
>>> Home Office E-visas from 2025 WARNING
- Those migrants, whose BRPs expire on the 31st December 2024, will NOT get their E-visas automatically. Instead, the migrants MUST create the E-visa account themselves
>>> It may be possible to apply for Settlement (Indefinite leave to Enter - ILE) under the Domestic Violence Rules OUTSIDE OF THE UK
>>> The Home Ofice has removed the possibility of using the IDV app from many categories, such as SETM, BRC replace etc. The reason is tha the Home Office claims that now there are sufficient number of the face-to-face appoinments at the Sopra Steria offices.
01 December 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)
>>> Immigration Skills Charge updated list of exemptions
An amendment to the Immigration Skills Charge Regulations 2017 is due to come into force on 1 January 2023. The regulations state that businesses sponsoring overseas workers, subject to certain exemptions, must pay a charge each time a certificate of sponsorship is assigned to that worker.
The amendment adds to the list of exemptions in regulation 4. Businesses that bring EU citizens to the UK under certain visa routes will, from 1 January, not have to pay the Immigration Skills Charge. The exemption applies to those entering the UK under the Scale-up route or intra-corporate transferees on the Global Business Mobility – Senior or Specialist Worker route, where they are covered by the commitment made in the EU-UK Trade and Cooperation Agreement 2020 (under Article 140(5)(d) to (g)).
06 December 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)
07 December 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)
>>> Human rights damages can be awarded for judicial findings: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-210494%22]}
W v United Kingdom (App no. 87/18) was about a judge making adverse findings about a social worker and referring her to her professional body without giving her a chance to respond. The Human Rights Act 1998 currently prevents awards of compensation in such circumstances (section 9(3)) but Strasbourg held this was denial of an effective remedy and awarded compensation. It seems potentially relevant on Hamid hearings and on treatment of experts – although the latter is much less of an issue than in the past.
This was one of only two cases the UK lost in Strasbourg in the last year. The other was a freedom of expression case.
12 December 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)
19 December 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)
>>> UK Visa and Citizenship Application Services (UKVCAS) – Christmas availability
UKVCAS release appointments every day, 28 days ahead, meaning the current booking window is now into January. If customers have had difficulties securing an appointment in the past few weeks, we encourage them to try again. There are the usual number of appointments (both free and chargeable) being released every day. Chargeable appointments are released AT MIDNIGHT and free appointments are released at 9AM.
NB: Ukrainian Scheme applicants are EXEMPT from paying the NHS debts
The guidance has been updated to amend the list of immigration routes which the NHS debtor rule doesn’t apply to and include information pertaining to the actions to take if confidential medical information has been passed to the Home Office. Guidance has been restructured to make the content clearer and simpler to read:
> Minor amendmentsto the introduction to clarify that this guidance applies to family reunion applicationsand removed referencesto the ECAA Turkish Businessperson applicationsand applications made under EEA regulations
> Addition made to the list of routes which NHS debt grounds do not apply,to include the Ukraine schemes
> Addition of a section detailing the considerationof immigration breaches in settlement applicationson Appendix Settlement Family Life and Appendix Private Lifefrom 20 June 2022
> Updated information on how NHS debt is recorded and shownon Atlas systems
> Addition of information highlighting the process that must be followed if medical details have been added to an individual’s immigration record.
NB: FLR(FP) applications are now taking some 10-11 months to be processed, unless lodged via the 24-hour Super Priority Service
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 for Visit visa applications is 3 weeks. Currently, Visit visas are taking an average of 4 weeks to be processed.
Work and study visas are being processed within service standards.
Family visas are being processed within the 24-week service standard.
The customer service standard for in country applications is 8 weeks. Currently, to extend or switch a Skilled worker visa is taking an average of 9 weeks.
09 December 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 case of Muslija (deprivation: reasonably foreseeable consequences) [2022] UKUT 337 (IAC) makes it clear that the reasonably foreseeable consequences of deprivation of British citizenship do not include predicting the outcome of a subsequent human rights appeal.
The case concerns an Albanian national who obtained refugee status, and subsequently citizenship, by pretending to be Kosovan. Mr Muslija admitted his deception. The key issue was whether depriving him of his British citizenship would disproportionately interfere with his right to private and family life with his British wife and daughter.
The headnote says:
“(1) The reasonably foreseeable consequences of the deprivation of citizenship are relevant to an assessment of the proportionality of the decision, for Article 8(2) ECHR purposes. Since the tribunal must conduct that assessment for itself, it is necessary for the tribunal to determine such reasonably foreseeable consequences for itself.
(2) Judges should usually avoid proleptic analyses of the reasonably foreseeable consequences of the deprivation of citizenship. In a minority of cases, it may be appropriate for the individual concerned to demonstrate that there is no prospect of their removal. Such cases are likely to be rare. An example may be where (i) the sole basis for the individual’s deprivation under section 40(2) is to pave the way for their subsequent removal on account of their harmful conduct, and (ii) the Secretary of State places no broader reliance on ensuring that the individual concerned ought not to be allowed to enjoy the benefits of British citizenship generally.
(3) An overly anticipatory analysis of the reasonably foreseeable consequences of deprivation will be founded on speculation. The evidence available and circumstances obtaining at the time of making of the deprivation order (and the appeal against that decision) are very likely to be different from that which will be available and those which will obtain when the decision regarding a future application or human rights claim is later taken.
(4) Exposure to the “limbo period”, without more, cannot possibly tip the proportionality balance in favour of an individual retaining fraudulently obtained citizenship. That means there are limits to the utility of an assessment of the length of the limbo period; in the absence of some other factor (c.f. “without more”), the mere fact of exposure to even a potentially lengthy period of limbo is a factor unlikely to be of dispositive relevance.
(5) It is highly unlikely that the assessment of the reasonably foreseeable consequences of a deprivation order could legitimately extend to prospective decisions of the Secretary of State taken in consequence to the deprived person once again becoming a person subject to immigration control, or any subsequent appeal proceedings.”
10 January 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)
>>> Update on Priority Services for Family Settlement Entry Clearance Applications
Please see the update below from the Home Office regarding priority services for family settlement entry clearance applications, and in particular, the RETROSPECTIVE introduction of priority services for applicants with an outstanding family visa entry clearance application, who will be offered the option of upgrading to priority service:
"Regarding Priority Visa we have introduced the service starting today. Please see below which will answer any questions you have.
· From 9 January 2023 UKVI is re-introducing PV services for customers with an outstanding family visa application.
· All existing customers will be contacted by email to make them aware that PV services will be re-instated.
· This will be followed by a targeted email to existing customers (starting with the oldest applications first) offering them the option of upgrading to the priority service.
· Customers will be notified of the current standard processing times compared to using the PV service, allowing customers to make an informed choice.
· The offer of the 15 working day/3 week service standard is an improvement on the usual 30 day/6 week PV service standard for Family visas.
· PV applications will be assessed within 15 full working days/3 weeks from the date we confirm we’ve received your payment.
· The fee for this service is the usual PV fee of £573.
· Customers will have the option of paying for a faster decision on their existing application – enabling applications to be considered within 15 days rather than the normal 30 days PV service.
· The offer of the PV service is for a quicker consideration of the existing application. It does not guarantee a positive visa decision and the fee will not be refunded if the visa is refused.
· We aim to reintroduce PV services for new Family visa applications in early 2023.
· The Super Priority Visa service is not available for Family visa applications.
· The customer service standard for standard Family visa applications remains at 24 weeks. We aim to reduce this to 12 weeks in 2023."
Please note that the Home Office update above relates only to family visa entry applications.
10 January 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 a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the weekly support payments made to asylum seekers to £45. This is the largest ever single increase in the rate of asylum support and is made to reflect the increase in the cost of living during 2022.
11 January 2023 – 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)
12 January 2023 – 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)
>>> Identification requirements: Terms and conditions for booking and taking the Life in the UK Test
13 January 2023 – 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 review looked at individuals who had entered the UK between 30 June 2008 and the introduction of reforms to the route in April 2015. The reforms in 2015 included a requirement to open a regulated UK bank account. Despite the changes, after the invasion of Ukraine, the investor was route closed to all new applicants in February 2022.
As part of the review, the Home Office considered 6,312 Tier 1 (Investor) migrants and adult dependents with a view to ascertaining whether they had potential links to criminality or other risk factors. A small number of individuals were “potentially at high risk of having obtained wealth through corruption or other illicit financial activity, and/or being engaged in serious and organised crime”. Law enforcement are taking appropriate action where necessary. Immigration action is also being considered, where appropriate. The Home Office has already sanctioned ten oligarchs who had previously used this route as part of the UK’s response to Russian aggression in Ukraine.
The Home Office is “robust” in appropriately refusing leave:
“During the operation of the Tier 1 (Investor) visa programme the route has had a refusal rate for main applicants and their dependents of 7.9% for Entry Clearance applications, 4% for Leave to Remain applications, for main applicants seeking Indefinite Leave to remain (settlement) the refusal rate is 2.2%.”
The review also weighed up the wider risk factors of the route as it was designed at the time, with its overall economic benefit. When looking at the route both before and after the 2015 reform, there was no evidence of a systematic failure of financial institutions carrying out due diligence checks. A number of institutions with weaker checks were sought out by individuals wanting to apply for the visa and since then, a number of fines have been issued by the Financial Conduct Authority.
The Home Office found that “there are inherent difficulties in an investment-based immigration route based on passive wealth, both in terms of security and economic value.” The risks inherent with this visa category required specialist caseworkers, expertise in detecting financial criminality. The UK’s immigration system was not equipped with this.
!!!!!!Any future route introduced to facilitate investment should not offer entry to the UK solely on the basis of the applicant’s personal wealth !!!!
Alternative options continue to be considered, including placing more emphasis on the applicants track record as an investor in innovative business and their future engagement in innovative activities in the UK. For now, the government will ensure such mistakes are not repeated.
16 January 2023 – 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)
- general queries about applying for a visa to come to the UK
- questions about the progress of your application
- technical problems with your application
- made a mistake in your online application
- problems logging into your account or with your password
- problems with making a payment to UKVI online or pending payments
Contact centre staff cannot give you advice about your personal circumstances
17 January 2023 – 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)
>>> Work Rights Centre Report: ‘On the frontline: London councils’ responses to the humanitarian crisis in Ukraine’
‘The report is an important window into the struggles that councils have been facing, and it addresses limitations in the government’s approach.
Some of the headline findings authorities raised with us include:
- Difficulties in supporting those on the Ukraine Family Scheme without government funding - many Ukrainians on the scheme are now presenting to local councils as homeless, and they are struggling to cope with this demand;
- Ukrainians at risk of exploitation - due to data validation issues and issues in communication between authorities, DLUHC and the Home Office, some visas on the Homes for Ukraine Scheme were approved without councils having completed appropriate checks on properties/sponsors. In at least one case, a guest had to be moved because of a sponsor’s DBS record;
- Frontline staff are suffering - with teams suffering anxiety and emotional distress due to the overwhelming pressure they are under.
To tackle the issues raised by authorities, we are calling for two central recommendations:
- A new strategy for refugee integration - that can coordinate the response to different groups of arrivals, clarify local authorities’ roles and expectations and coordinate the involvement of different government departments; and
- Prioritise housing - give Ukrainian arrivals a real sense of the state of the UK’s housing from the outset, as well as resetting LHA rates and committing to more affordable housing stock as a national priority.’
20 January 2023 – 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 House of Commons Library's note about the upcoming implementation of two schemes:
"EU Entry/Exit System (EES) which is an automated system for registering travellers from non-EU countries, including the UK, each time they cross an external EU border European Travel Information and Authorisation System (ETIAS) which is travel authorisation to enter the EU, including the UK, for citizens of non-EU countries who do not require a visa to enter the EU
EU Entry/Exit System
Due to be introduced by the end of 2023, this will be an automated system for registering travellers each time they enter and exit the EU. Travellers will scan their passports at an automated kiosk prior to crossing the border.
It will apply when entering all EU states (except Ireland and Cyprus) and four EEA states. Ireland will not operate the EES system because of the Common Travel Area. Non-EU nationals who are legally resident or have long-term visas will be exempt from EES.
European Travel Information and Authorisation System
Currently scheduled to open in November 2023 (though further delays are possible), this will similarly apply to non-EU citizens, including UK citizens, travelling to all member states except Ireland. It will also apply to the four EEA countries.
When non-EU citizens who do not require a visa travel to these countries, they will have to first apply for pre-travel authorisation via ETIAS.
Applications for an ETIAS authorisation will be made online or via a mobile app. Applicants will be checked against EU information systems for borders and security. According to the European Commission, a travel authorisation will be issued within minutes in most cases. However, some applicants may require further checks, which could delay authorisation for up to 30 days.
The ETIAS authorisation will last for three years (after which it will need to be renewed for future visits), or until the holder’s passport expires (whichever is sooner). It will cost €7 for people aged 18 to 70. However, it will be free for under-18s and over-70s.
UK nationals and their family members who have the right to reside in the EU under the Withdrawal Agreement and have documents evidencing this are exempt from ETIAS, as is anyone who holds a residence permit for any of the ETIAS countries.
20 January 2023 – 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 judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The case is Raza v Secretary of State for the Home Department [2023] EWCA Civ 29.
27 January 2023 – 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)
It is not often you’ll see an Upper Tribunal judge simply concede defeat trying to understand what on earth the immigration rules mean, but this is exactly what happened in this unreported Appendix EU durable partner appeal. For those who have battled the complexities of Appendix EU, there is some relief in finding that members of the judiciary appear to experience the same feelings of dread on having to re-read the same Annex 1 definition for the umpteenth time.
31 January 2023 – 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 ramped up immigration enforcement activity in the month since the Prime Minister’s pledge to boost raids on illegal working.
A total of 1,152 immigration enforcement visits have taken place across the UK to identify illegal working since 11 December, marking an almost 10% rise on visits completed in the previous 5 weeks.
31 January 2023 – 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)
- diplomats accredited to the UK;
- returning residents (unless they have been absent from the UK for more than two years);
- Certificates of Entitlement holders (Right of Abode in the UK).
Children are also required to present a TB certificate showing that they are free from active pulmonary TB. Children under 11 years old need to attend a clinic, where their parent(s)/guardians will need to complete a medical questionnaire. The clinician will decide whether a chest x-ray screening is required.
An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.
31 January 2023 – 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)
- diplomats accredited to the UK;
- returning residents (unless they have been absent from the UK for more than two years);
- Certificates of Entitlement holders (Right of Abode in the UK).
Children are also required to present a TB certificate showing that they are free from active pulmonary TB. Children under 11 years old need to attend a clinic, where their parent(s)/guardians will need to complete a medical questionnaire. The clinician will decide whether a chest x-ray screening is required.
An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.
01 February 2023 – 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 visa application centre in Kyiv re-opened on 30 January 2023.
The announcement says:
Kyiv visa application centre re-opening: The TLScontact Visa Application Centre (VAC) in Kyiv re-opened on 30 January 2023 for all applications for UK visas that need to submit their biometrics and passports before travelling to the UK.
The VAC will only be open for limited numbers of appointments per day, and may need to close at short notice for security reasons or because of unscheduled power cuts.
You will be able to keep your passport with you after submitting your biometrics.
Please note that if your application is successful, you will need to travel to Warsaw, Poland, to collect your visa to enter the UK. You will not be able to collect your visa in Kyiv.
02 February 2023 – 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)
Комментарии
>>> A dependent child over 21, who is married, can still apply under the EU Settlement Scheme (EUSS) Family Permit
Note, though, that the Home Office may probably attempt to refuse such as application and an appeal may be necessary.
>>> Guidance for sponsors updated: start dates, working hours, and pay
The Home Office has made several changes that businesses sponsoring overseas workers should be aware of.
Changing start dates
An individual can now start working in their sponsored employment as soon as they have permission to enter or stay in the UK, under paragraph S3.9 of the general information guidance. They no longer have to wait for the start date given on their Certificate of Sponsorship (CoS). There is no need to report the change on the SMS system if the start date has been brought forward after an individual has been granted permission to enter or remain in the UK.
The updated guidance confirms that there is no longer a need to report a delayed start date on the SMS system where the worker has already been granted permission, as long as the new start date is not delayed more than the standard 28-day period.
A concession has also been added that allows sponsors to continue to sponsor a migrant beyond the standard 28-day period where they have an acceptable reason to do so:
"Acceptable reasons for a delayed start may include:
- travel disruption due to a natural disaster, military conflict or pandemic
- the worker is required to work out a contractual notice period for their previous employer – if the worker is in the UK, their conditions of stay must allow them to do this
- the worker requires an exit visa from their home country and there have been administrative delays in processing this
- illness, bereavement or other compelling family or personal circumstances.”
Considering working hours in a Defined Certificate of Sponsorship
The salary entered on a Defined CoS must genuinely reflect what the worker will be paid. Sponsors of skilled workers must therefore state the number of hours the individual will work each week in the “Summary of job description” text box, in the Defined CoS.
Concessions for extended absences without pay
A concession has been added to the general information guidance to allow the continued employment of a person who has been absent from work without pay for more than four weeks. That is, provided that there is a compelling and compassionate reason for their absence, but where none of the exceptions (for example, statutory maternity or sick leave) in paragraph S4.14 apply. The four weeks do not have to be consecutive. For skilled workers, the rule is four weeks in any calendar year.
Including allowances in a salary
Several updates reflecting the Statement of Changes HC 719 have been confirmed in the guidance, now that the changes have come into force (as of 9 November 2022). In particular, the skilled worker guidance confirms that only guaranteed basic gross pay should be included in the salary section of the CoS.
Other allowances, pay or benefits (even if guaranteed) will no longer be considered when assessing a worker’s level of pay. For example, pensions, shift allowances, accommodation, or cost of living allowances should not be included in the gross salary on the certificate of sponsorship.
Some transitional provisions are in place for applications made for permission to stay or indefinite leave to remain until 1 December 2026, though.
Some of the updates provide a welcome break from extensive SMS reporting and are perhaps a reflection of an overwhelmed Home Office team, apparently inundated with new sponsor licence applications, as well as their other duties. The changes also usefully acknowledge that there are no long-term adverse effects to sponsors, workers, or the immigration system from relaxing the strict 28-day rule. However, sponsors should continue to read and regularly refer the guidance documents. Be aware that short additions have been included which, for example, confirm that compliance action can be taken against those who provide misleading information about the skill level of a job.
>>> Visa decision waiting times: applications 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=3ae6e427-fa6b-406e-a134-5bf64912d234&utm_content=immediately
>>> UK visa fees (9 November 2022): https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-9-november-2022
Changes to the Home Office immigration and nationality fees from 9 November 2022.
>>> 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
>>> Failed asylum seeker’s false identity conviction quashed: https://www.bailii.org/ew/cases/EWCA/Crim/2022/1428.html
In Elmi [2022] EWCA Crim 1428, the Court of Appeal quashed the conviction of a failed asylum seeker who had been found guilty of possessing a false identity document. Elmi had not been advised that he could use the defence of a presumptive refugee under s.31 of the Immigration and Asylum Act 1999.
>>> Procedural errors should be remitted says Court of Appeal
The Court of Appeal has found that the Upper Tribunal should not have continued to decide an appeal itself when it set aside a decision of the First-tier Tribunal. The case is AEB v Secretary of State for the Home Department [2022] EWCA Civ 1512.
>>> Appeal from the Special Immigration Appeals Commission must be heard in England: https://www.bailii.org/ew/cases/EWCA/Civ/2022/1445.html
NB: The SIAC only sits in London.
The court decided that, in the context of a statutory appeal, the location of the judges is decisive. It is not about determining which court has the greater knowledge of local conditions.
>>> All you need about the Brexit: Asylum backlog hits 150,000 and net migration hits 500,000
The backlog
Asylum applications have continued to rise as the year has gone on. In the year ending September 2022, there were 72,027 asylum applications relating to 85,902 people. The previous largest peak was a total of 84,132 applications in 2002.
Net migration
Over one million people moved to the UK last year, but over half a million also left. Net migration was therefore just over 500,000 in the last year. This is the highest net migration figure on record. The year before, net migration was around 170,000. The pandemic has had an impact over the past few years, and the increase is partially due to the travel sector recovering over. The updated immigration system and the arrival of country-specific visa schemes have also significantly contributed.
>>> The final "good-bye" to the Home Office COVID19 concession ?
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=4b5a0e08-dbb2-4a96-9b34-ec495e9d78d8&utm_content=immediately
Information above states that the exceptional assurance provision ENDS 30 November 2022.
>>> Settlement Entry Clearance applications - the (new) retrospectove service from the Home Office
During the meeting with the Home Office they informed that:
- There will soon be introduced the (new) retrospective Priority Service for the Settlement/Family Entry Clearance applications, lodged outside the UK. For example, those who have been waiting, say, 80-90 days, may be offered an option to pay for the application to be considered faster. The date is due to be confirmed, probably at some point in December 2022
- It is now taking 103 WORKING DAYS on average to consider the Settlement Application, lodged outside the UK (UK Spouse Visa etc)
>>> Home Office E-visas from 2025 WARNING
- Those migrants, whose BRPs expire on the 31st December 2024, will NOT get their E-visas automatically. Instead, the migrants MUST create the E-visa account themselves
>>> It may be possible to apply for Settlement (Indefinite leave to Enter - ILE) under the Domestic Violence Rules OUTSIDE OF THE UK
See: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2022/2591
>>> The Home Ofice has removed the possibility of using the IDV app from many categories, such as SETM, BRC replace etc. The reason is tha the Home Office claims that now there are sufficient number of the face-to-face appoinments at the Sopra Steria offices.
>>> Immigration Skills Charge updated list of exemptions
An amendment to the Immigration Skills Charge Regulations 2017 is due to come into force on 1 January 2023. The regulations state that businesses sponsoring overseas workers, subject to certain exemptions, must pay a charge each time a certificate of sponsorship is assigned to that worker.
The amendment adds to the list of exemptions in regulation 4. Businesses that bring EU citizens to the UK under certain visa routes will, from 1 January, not have to pay the Immigration Skills Charge. The exemption applies to those entering the UK under the Scale-up route or intra-corporate transferees on the Global Business Mobility – Senior or Specialist Worker route, where they are covered by the commitment made in the EU-UK Trade and Cooperation Agreement 2020 (under Article 140(5)(d) to (g)).
>>> The exceptional assurance concession is no longer available: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents
>>> Human rights damages can be awarded for judicial findings: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-210494%22]}
W v United Kingdom (App no. 87/18) was about a judge making adverse findings about a social worker and referring her to her professional body without giving her a chance to respond. The Human Rights Act 1998 currently prevents awards of compensation in such circumstances (section 9(3)) but Strasbourg held this was denial of an effective remedy and awarded compensation. It seems potentially relevant on Hamid hearings and on treatment of experts – although the latter is much less of an issue than in the past.
This was one of only two cases the UK lost in Strasbourg in the last year. The other was a freedom of expression case.
>>> 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
Total Ukraine Scheme visa applications received: 252,000
Data is as of 6 December 2022 and comprised of:
Ukraine Family Scheme: 77,900
Ukraine Sponsorship Scheme: 174,100
=>>> Applications awaiting conclusion: 15,800 (!)
>>> UK Visa and Citizenship Application Services (UKVCAS) – Christmas availability
UKVCAS release appointments every day, 28 days ahead, meaning the current booking window is now into January. If customers have had difficulties securing an appointment in the past few weeks, we encourage them to try again. There are the usual number of appointments (both free and chargeable) being released every day. Chargeable appointments are released AT MIDNIGHT and free appointments are released at 9AM.
>>> Debt to the NHS: caseworker guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1123969/Suitability_Debt_to_the_NHS.pdf
NB: Ukrainian Scheme applicants are EXEMPT from paying the NHS debts
The guidance has been updated to amend the list of immigration routes which the NHS debtor rule doesn’t apply to and include information pertaining to the actions to take if confidential medical information has been passed to the Home Office. Guidance has been restructured to make the content clearer and simpler to read:
> Minor amendmentsto the introduction to clarify that this guidance applies to family reunion applicationsand removed referencesto the ECAA Turkish Businessperson applicationsand applications made under EEA regulations
> Addition made to the list of routes which NHS debt grounds do not apply,to include the Ukraine schemes
> Addition of a section detailing the considerationof immigration breaches in settlement applicationson Appendix Settlement Family Life and Appendix Private Lifefrom 20 June 2022
> Updated information on how NHS debt is recorded and shownon Atlas systems
> Addition of information highlighting the process that must be followed if medical details have been added to an individual’s immigration record.
>>> Visa decision waiting times: applications inside the UK: https://www.gov.uk/guidance/visa-decision-waiting-times-applications-inside-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=f70b172e-6140-4a7f-83f8-560b218ec91c&utm_content=immediately
NB: FLR(FP) applications are now taking some 10-11 months to be processed, unless lodged via the 24-hour Super Priority Service
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 for Visit visa applications is 3 weeks. Currently, Visit visas are taking an average of 4 weeks to be processed.
Work and study visas are being processed within service standards.
Family visas are being processed within the 24-week service standard.
The customer service standard for in country applications is 8 weeks. Currently, to extend or switch a Skilled worker visa is taking an average of 9 weeks.
>>> The reasonably foreseeable consequences of depriving someone of British citizenship: https://www.bailii.org/uk/cases/UKUT/IAC/2022/337.html
The case of Muslija (deprivation: reasonably foreseeable consequences) [2022] UKUT 337 (IAC) makes it clear that the reasonably foreseeable consequences of deprivation of British citizenship do not include predicting the outcome of a subsequent human rights appeal.
The case concerns an Albanian national who obtained refugee status, and subsequently citizenship, by pretending to be Kosovan. Mr Muslija admitted his deception. The key issue was whether depriving him of his British citizenship would disproportionately interfere with his right to private and family life with his British wife and daughter.
The headnote says:
“(1) The reasonably foreseeable consequences of the deprivation of citizenship are relevant to an assessment of the proportionality of the decision, for Article 8(2) ECHR purposes. Since the tribunal must conduct that assessment for itself, it is necessary for the tribunal to determine such reasonably foreseeable consequences for itself.
(2) Judges should usually avoid proleptic analyses of the reasonably foreseeable consequences of the deprivation of citizenship. In a minority of cases, it may be appropriate for the individual concerned to demonstrate that there is no prospect of their removal. Such cases are likely to be rare. An example may be where (i) the sole basis for the individual’s deprivation under section 40(2) is to pave the way for their subsequent removal on account of their harmful conduct, and (ii) the Secretary of State places no broader reliance on ensuring that the individual concerned ought not to be allowed to enjoy the benefits of British citizenship generally.
(3) An overly anticipatory analysis of the reasonably foreseeable consequences of deprivation will be founded on speculation. The evidence available and circumstances obtaining at the time of making of the deprivation order (and the appeal against that decision) are very likely to be different from that which will be available and those which will obtain when the decision regarding a future application or human rights claim is later taken.
(4) Exposure to the “limbo period”, without more, cannot possibly tip the proportionality balance in favour of an individual retaining fraudulently obtained citizenship. That means there are limits to the utility of an assessment of the length of the limbo period; in the absence of some other factor (c.f. “without more”), the mere fact of exposure to even a potentially lengthy period of limbo is a factor unlikely to be of dispositive relevance.
(5) It is highly unlikely that the assessment of the reasonably foreseeable consequences of a deprivation order could legitimately extend to prospective decisions of the Secretary of State taken in consequence to the deprived person once again becoming a person subject to immigration control, or any subsequent appeal proceedings.”
>>> Update on Priority Services for Family Settlement Entry Clearance Applications
Please see the update below from the Home Office regarding priority services for family settlement entry clearance applications, and in particular, the RETROSPECTIVE introduction of priority services for applicants with an outstanding family visa entry clearance application, who will be offered the option of upgrading to priority service:
"Regarding Priority Visa we have introduced the service starting today. Please see below which will answer any questions you have.
· From 9 January 2023 UKVI is re-introducing PV services for customers with an outstanding family visa application.
· All existing customers will be contacted by email to make them aware that PV services will be re-instated.
· This will be followed by a targeted email to existing customers (starting with the oldest applications first) offering them the option of upgrading to the priority service.
· Customers will be notified of the current standard processing times compared to using the PV service, allowing customers to make an informed choice.
· The offer of the 15 working day/3 week service standard is an improvement on the usual 30 day/6 week PV service standard for Family visas.
· PV applications will be assessed within 15 full working days/3 weeks from the date we confirm we’ve received your payment.
· The fee for this service is the usual PV fee of £573.
· Customers will have the option of paying for a faster decision on their existing application – enabling applications to be considered within 15 days rather than the normal 30 days PV service.
· The offer of the PV service is for a quicker consideration of the existing application. It does not guarantee a positive visa decision and the fee will not be refunded if the visa is refused.
· We aim to reintroduce PV services for new Family visa applications in early 2023.
· The Super Priority Visa service is not available for Family visa applications.
· The customer service standard for standard Family visa applications remains at 24 weeks. We aim to reduce this to 12 weeks in 2023."
Please note that the Home Office update above relates only to family visa entry applications.
>>> High Court orders Home Secretary to immediately increase asylum support rates: https://www.bailii.org/ew/cases/EWHC/Admin/2022/3329.html
In a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the weekly support payments made to asylum seekers to £45. This is the largest ever single increase in the rate of asylum support and is made to reflect the increase in the cost of living during 2022.
>>> Current Home Office fees: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-9-november-2022#other-applications-made-in-the-uk
>>> A child on a UK Viistor visa may switch into Settlement from within the UK
There is no immigration status requirements to prevent a child visitor from switching to SET(F) under 298, etc.
Note that, depending on the child's circumstances, Sole Responsibility etc may need to be proved.
>>> Identification requirements: Terms and conditions for booking and taking the Life in the UK Test
See https://www.gov.uk/government/publications/terms-and-conditions-for-booking-and-taking-the-life-in-the-uk-test/identification-requirements-accessible-version
>>> Government review of investor visa scheme confirms permanent closure of route: https://questions-statements.parliament.uk/written-statements/detail/2023-01-12/hcws492
The review looked at individuals who had entered the UK between 30 June 2008 and the introduction of reforms to the route in April 2015. The reforms in 2015 included a requirement to open a regulated UK bank account. Despite the changes, after the invasion of Ukraine, the investor was route closed to all new applicants in February 2022.
As part of the review, the Home Office considered 6,312 Tier 1 (Investor) migrants and adult dependents with a view to ascertaining whether they had potential links to criminality or other risk factors. A small number of individuals were “potentially at high risk of having obtained wealth through corruption or other illicit financial activity, and/or being engaged in serious and organised crime”. Law enforcement are taking appropriate action where necessary. Immigration action is also being considered, where appropriate. The Home Office has already sanctioned ten oligarchs who had previously used this route as part of the UK’s response to Russian aggression in Ukraine.
The Home Office is “robust” in appropriately refusing leave:
“During the operation of the Tier 1 (Investor) visa programme the route has had a refusal rate for main applicants and their dependents of 7.9% for Entry Clearance applications, 4% for Leave to Remain applications, for main applicants seeking Indefinite Leave to remain (settlement) the refusal rate is 2.2%.”
The review also weighed up the wider risk factors of the route as it was designed at the time, with its overall economic benefit. When looking at the route both before and after the 2015 reform, there was no evidence of a systematic failure of financial institutions carrying out due diligence checks. A number of institutions with weaker checks were sought out by individuals wanting to apply for the visa and since then, a number of fines have been issued by the Financial Conduct Authority.
The Home Office found that “there are inherent difficulties in an investment-based immigration route based on passive wealth, both in terms of security and economic value.” The risks inherent with this visa category required specialist caseworkers, expertise in detecting financial criminality. The UK’s immigration system was not equipped with this.
!!!!!!Any future route introduced to facilitate investment should not offer entry to the UK solely on the basis of the applicant’s personal wealth !!!!
Alternative options continue to be considered, including placing more emphasis on the applicants track record as an investor in innovative business and their future engagement in innovative activities in the UK. For now, the government will ensure such mistakes are not repeated.
>>> Help with your visa application or other problems: https://www.gov.uk/contact-ukvi-inside-outside-uk/y/outside-the-uk/something-else/english
Contact the Home Office if you have:
- general queries about applying for a visa to come to the UK
- questions about the progress of your application
- technical problems with your application
- made a mistake in your online application
- problems logging into your account or with your password
- problems with making a payment to UKVI online or pending payments
Contact centre staff cannot give you advice about your personal circumstances
>>> Home Office asylum caseworkers offered bonuses in effort to reduce exits: https://www.civilserviceworld.com/professions/article/home-office-asylum-backlog-caseworkers-retention-bonuses-braverman-rycroft
>>> Immigration and nationality refunds policy: caseworker guidance: https://www.gov.uk/government/publications/immigration-and-nationality-refunds-policy
>>> Work Rights Centre Report: ‘On the frontline: London councils’ responses to the humanitarian crisis in Ukraine’
‘The report is an important window into the struggles that councils have been facing, and it addresses limitations in the government’s approach.
Some of the headline findings authorities raised with us include:
- Difficulties in supporting those on the Ukraine Family Scheme without government funding - many Ukrainians on the scheme are now presenting to local councils as homeless, and they are struggling to cope with this demand;
- Ukrainians at risk of exploitation - due to data validation issues and issues in communication between authorities, DLUHC and the Home Office, some visas on the Homes for Ukraine Scheme were approved without councils having completed appropriate checks on properties/sponsors. In at least one case, a guest had to be moved because of a sponsor’s DBS record;
- Frontline staff are suffering - with teams suffering anxiety and emotional distress due to the overwhelming pressure they are under.
To tackle the issues raised by authorities, we are calling for two central recommendations:
- A new strategy for refugee integration - that can coordinate the response to different groups of arrivals, clarify local authorities’ roles and expectations and coordinate the involvement of different government departments; and
- Prioritise housing - give Ukrainian arrivals a real sense of the state of the UK’s housing from the outset, as well as resetting LHA rates and committing to more affordable housing stock as a national priority.’
>>> Ukraine Visa Schemes: 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
>>> Application for review when British citizenship is refused: form NR
https://www.gov.uk/government/publications/application-for-review-when-british-citizenship-is-refused-form-nr?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=ef1d4dfb-80b4-4fab-9805-14a9d04de16e&utm_content=immediately
>>> Electronic travel authorisation for non-EU nationals who do not need a visa to enter the EU: https://commonslibrary.parliament.uk/the-eu-entry-exit-system-and-eu-travel-authorisation-system/
From the House of Commons Library's note about the upcoming implementation of two schemes:
"EU Entry/Exit System (EES) which is an automated system for registering travellers from non-EU countries, including the UK, each time they cross an external EU border European Travel Information and Authorisation System (ETIAS) which is travel authorisation to enter the EU, including the UK, for citizens of non-EU countries who do not require a visa to enter the EU
EU Entry/Exit System
Due to be introduced by the end of 2023, this will be an automated system for registering travellers each time they enter and exit the EU. Travellers will scan their passports at an automated kiosk prior to crossing the border.
It will apply when entering all EU states (except Ireland and Cyprus) and four EEA states. Ireland will not operate the EES system because of the Common Travel Area. Non-EU nationals who are legally resident or have long-term visas will be exempt from EES.
European Travel Information and Authorisation System
Currently scheduled to open in November 2023 (though further delays are possible), this will similarly apply to non-EU citizens, including UK citizens, travelling to all member states except Ireland. It will also apply to the four EEA countries.
When non-EU citizens who do not require a visa travel to these countries, they will have to first apply for pre-travel authorisation via ETIAS.
Applications for an ETIAS authorisation will be made online or via a mobile app. Applicants will be checked against EU information systems for borders and security. According to the European Commission, a travel authorisation will be issued within minutes in most cases. However, some applicants may require further checks, which could delay authorisation for up to 30 days.
The ETIAS authorisation will last for three years (after which it will need to be renewed for future visits), or until the holder’s passport expires (whichever is sooner). It will cost €7 for people aged 18 to 70. However, it will be free for under-18s and over-70s.
UK nationals and their family members who have the right to reside in the EU under the Withdrawal Agreement and have documents evidencing this are exempt from ETIAS, as is anyone who holds a residence permit for any of the ETIAS countries.
>>> Permission needs to be properly sought for video link evidence from abroad: https://www.bailii.org/ew/cases/EWCA/Civ/2023/29.html
A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The case is Raza v Secretary of State for the Home Department [2023] EWCA Civ 29.
>>> Durable partner rules dumbfound the Upper Tribunal: https://www.bailii.org/uk/cases/UKAITUR/2023/EA138702021.html
It is not often you’ll see an Upper Tribunal judge simply concede defeat trying to understand what on earth the immigration rules mean, but this is exactly what happened in this unreported Appendix EU durable partner appeal. For those who have battled the complexities of Appendix EU, there is some relief in finding that members of the judiciary appear to experience the same feelings of dread on having to re-read the same Annex 1 definition for the umpteenth time.
>>> Immigration enforcement surge since pledge to tackle illegal working: https://www.gov.uk/government/news/immigration-enforcement-surge-since-pledge-to-tackle-illegal-working?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=c1afee0a-15fa-4444-a89a-e4a8f2ff1c38&utm_content=immediately
The Home Office has ramped up immigration enforcement activity in the month since the Prime Minister’s pledge to boost raids on illegal working.
A total of 1,152 immigration enforcement visits have taken place across the UK to identify illegal working since 11 December, marking an almost 10% rise on visits completed in the previous 5 weeks.
>>> New passport application fees: https://www.gov.uk/government/news/proposed-changes-to-passport-application-fees?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=fd7304d7-eaf1-49da-ad60-f69fed3a753c&utm_content=immediately
The government is introducing new passport fees for all applications on 2 February 2023.
>>> Ukraine Visa Schemes: 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
>>> Who is exempt from needing a TB certificate?
See https://www.gov.uk/government/publications/medical-issues-med/medical-issues-med#med23-who-is-exempt-from-needing-a-tb-certificate
Namely:
The following are exempt from the requirement:
- diplomats accredited to the UK;
- returning residents (unless they have been absent from the UK for more than two years);
- Certificates of Entitlement holders (Right of Abode in the UK).
Children are also required to present a TB certificate showing that they are free from active pulmonary TB. Children under 11 years old need to attend a clinic, where their parent(s)/guardians will need to complete a medical questionnaire. The clinician will decide whether a chest x-ray screening is required.
An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.
>>> Who is exempt from needing a TB certificate?
See https://www.gov.uk/government/publications/medical-issues-med/medical-issues-med#med23-who-is-exempt-from-needing-a-tb-certificate
Namely:
The following are exempt from the requirement:
- diplomats accredited to the UK;
- returning residents (unless they have been absent from the UK for more than two years);
- Certificates of Entitlement holders (Right of Abode in the UK).
Children are also required to present a TB certificate showing that they are free from active pulmonary TB. Children under 11 years old need to attend a clinic, where their parent(s)/guardians will need to complete a medical questionnaire. The clinician will decide whether a chest x-ray screening is required.
An applicant applying for an EEA family permit is not required to produce a certificate showing them free from active pulmonary TB as EEA family permits are valid for six months.
>>> Kyiv visa application centre re-opening: https://pos.tlscontact.com/kbp_en/home#kyiv-reopening
The visa application centre in Kyiv re-opened on 30 January 2023.
The announcement says:
Kyiv visa application centre re-opening: The TLScontact Visa Application Centre (VAC) in Kyiv re-opened on 30 January 2023 for all applications for UK visas that need to submit their biometrics and passports before travelling to the UK.
The VAC will only be open for limited numbers of appointments per day, and may need to close at short notice for security reasons or because of unscheduled power cuts.
You will be able to keep your passport with you after submitting your biometrics.
Please note that if your application is successful, you will need to travel to Warsaw, Poland, to collect your visa to enter the UK. You will not be able to collect your visa in Kyiv.
Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre.
>>> Accepted DNA test laboratories - Get a DNA test - Home Office official Guidance: https://www.gov.uk/get-a-dna-test