03 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)
>>> Tech Nation announces it will cease operations on 31st March 2023
The Tech Nation has been the main Endorsing Body for the applicants under the popular Global Talent and the Innovator routes
This is worrying as under the current Rules, Part 9:
Endorsing body no longer approved
9.32.1. Where a person has entry clearance or permission on the Global Talent, Start-up or Innovator route their entry clearance or permission may be cancelled if their endorsing body ceases to hold that status for the route in which they were endorsed."
The Home Office currently said that "We are working closely with Tech Nation to ensure continuity of the digitech strand of the Global Talent visa in the short term, whilst we explore necessary long term changes in light of Tech Nation’s future closure".
06 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)
>>> New Home Office site in Stoke-on-Trent
The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme.
Stoke-on-Trent Campus update
•The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme. With around 500 roles expected over 5 years, the Home Office is to become a major employer in the city for the first time.
•The new hub in Stoke-on-Trent will support a range of functions, which will be pivotal in operational activity across the country, including a national asylum customer communication hub, along with other operational and enabling teams.
•As part of meeting our commitment, our Stoke-on-Trent hub programmeteam are supporting significant recruitment and outreach activity in Stoke-on-Trent and across Staffordshire to encourage people from all backgrounds to consider a career in the new hub, and to change perceptions in the community of the Home Office.
13 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)
>>> Is there any travel restrictions, while citizen application is being processed ?
If you’re applying as a parent or a partner with a family visa, the earliest you can apply is 28 days before you meet the requirements for time spent in the UK. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."
17 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)
A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.
The Home Office said the judgement was now law, and it was working to implement it "as swiftly as possible".
A spokesman said: "Those with pre-settled status are encouraged to apply for settled status as soon as they are eligible, so they can obtain secure evidence of their right of permanent residence in the UK."
24 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)
27 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)
>>> Is the fee waiver option available for Settlement under 5 years under the form SET(M) ?
"Importantly, applications for indefinite leave to remain, even if based on a human rights claim, are not covered. Applicants can end up extending their temporary leave forever, until they can afford the indefinite leave to remain fee."
>>> Can I live in the UK if I have an Isle of Man BN(O) visa?
If you intend to live in the UK, you should apply for the UK BN(O) Visa rather than in the Isle of Man. However, if you are granted an Isle of Man BN(O) Visa and at some point after arrival decide to move to the UK instead, we do not expect that you will have to re-apply for the UK BN(O) Visa. Provided that you comply with the conditions of the visa, you can visit the UK without restriction on an Isle of Man BN(O) Visa, including having a second home there.
28 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 British Red Cross's Report examining the UK’s Ukraine Visa Schemes: https://www.redcross.org.uk/fleeing-fearing-facing-the-future
One year on from Russia's invasion of Ukraine, the British Red Cross has published a report entitled 'Fearing, fleeing, facing the future: How people displaced by the conflict in Ukraine are seeking safety in the UK’
01 March 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)
>>> I am an overstaer (for a long time) in the UK. May my application be refused if I return Home to get married and lodge an application as a spouse of a British citizen ?
The answer is "May be" as the Home Office changed the relevant Rules some time ago, removing the "immunity" for the spouse of the British citizens who remained in the UK illegally in the past.
" Para 9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the documentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.
>>> I am a student in the UK. Can I work remitely for the Emplyer OUTSIDE THE UK ?
If you personally are physically outside the UK, any conditions of a UK visa you hold are irrelevant, including the work conditions. The UK government has no jurisdiction over and no interest in your work activites when you are not even in the UK.
You will of course need check what are your work rights in the specific country where you are working.
However, any work you do when you are physically in the UK, for example working for a non-UK employer remotely or doing a “virtual internship” with them, counts towards your weekly 10 or 20 hour maximum. This is because the Student work restriction has no specific exception for work undertaken for an employer who is outside the UK.
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 aspect of the decision will be considered in a separate blog post, coming soon.
>>> Local authority’s challenge against accommodating unaccompanied asylum seeking children fails
In R (Medway Council) v Secretary of State for the Home Department [2023] EWHC 77 (Admin), a local authority challenged the Home Office’s decision to force them to comply with the National Transfer Scheme (NTS), set up to spread the responsibility of accommodating unaccompanied asylum-seeking children between local authorities.
The NTS followed on the back of their being disproportionately higher numbers of asylum-seekers arriving in Kent (through the port of Dover) and in the London Borough of Hillingdon (through Heathrow Airport). The aim was to ensure an equitable distribution of asylum seekers and to spread the load to other local authorities. Knowing that local authorities might protest at this idea, the Home Office had powers to compel local authorities to comply so long as it would not “unduly prejudice” them, under section 72(4) of the Immigration Act 2016.
Medway Council argued that their children’s services had been ranked by OFSTED as ‘inadequate’ and their ‘in-area’ accommodation for looked-after children was at capacity. The Court accepted that unilaterally being forced to house asylum-seekers meant some prejudice was inevitable for local authorities, but the question was whether the prejudice was “undue”. A local authority would only be exempt from participating in the NTS in “circumstances of crisis amounting to a complete breakdown”.
This is an eminently sensible decision by the High Court, who noted that Medway’s unaccompanied asylum-seeking children population was significantly lower than the regional average, and it had not participated in the voluntary NTS at any time. Budgetary constraints and lack of resources seem to be universal excuses across local authorities, but they cannot trump the more important duty to safeguard and promote the welfare of children, some of whom will have had harrowing experiences which brought them to the UK.
The change is expected to take place in early May 2023
A summary of the changes being made is as follows:
- Adding a dynamic information box – Message tailored by applicant type, appointment booking status, services booked etc. (right message to the right user at the right time)
- Removal of categories from the front end
- Bulk upload feature
- Prompt for file descriptions
- Simplified content that is easier to digest
- Adding a dynamic space to inform applicants of extra services that they can buy to help with their documents.
>>> The Start Up immigration category lives on
The Home Office decides to maintain and does not close the Start Up immigration category
14 March 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)
Arrivals to the UK told to prepare for disruption on 15 March
The UK government has undertaken extensive planning to minimise disruption, reduce queues and keep our border safe ahead of Border Force strike action.
16 March 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 Migration Advisory Committee (MAC) review of the shortage occupation list will conclude later this year. An interim report on the construction and hospitality sector was published yesterday.
The construction and hospitality sectors account for 6% and 7% of all workforce jobs respectively. Currently, 30% of all jobs in construction are also self-employed. Self-employed workers are not eligible for the Skilled Worker visa route.
Five construction occupations be added to the shortage occupation list sometime before the summer parliamentary recess, which will allow sponsoring companies to pay workers in the roles 20% less than the mandatory minimum salary for sponsorship; £20,960 rather than £26,200. The roles are:
-Bricklayers and masons
-Roofers, roof tilers and slaters
-Carpenters and joiners
-Plasters and dryliners; and
-Construction and building trades not elsewhere classified.
But aside from a slightly lower application fee of £479, rather than £625 (or £719 if you are extending your visa from inside the UK), there is little additional benefit. Employers will still be subject to the Immigration Skills Charge (up to £1,000 per year). And there is no exemption from the English language requirement, which for many people is the real barrier to the visa, not the costs or salary.
Ukraine Visa Scheme employment support
There was also an announcement of an extension of the support provided to Ukrainians who arrived in the UK under the Ukraine Visa Schemes. £11.5 million will be provided for intensive English language courses and employment support for up to 10,000 people.
The government say that “this new funding is expected to boost the number of Ukrainians entering the labour market for the first time, as well as helping those already employed into higher-skilled roles”. With past reputation in mind, it is unclear whether government departments are working together to effectively provide long-term support for Ukrainian nationals, with ongoing visa scheme support being announced in the future, or whether this is a short-term goal ahead of an election year.
Given that Ukraine scheme visas last a maximum of three years and no clear indication about the future of the Ukrainian Schemes, many are only likely to be able to access fairly low-skill roles involving relatively short term employment. Employers are unlikely to invest in staff with the (currently) uncertain future. Some further clarification now would be useful both to Ukrainians and to employers.
Business visitor visa
The changes expected in autumn 2023 will include expanding the range of short-term business activities that can be carried out for periods of up to six months, as well as a review of permitted paid engagements. A wider range of activities linked to negotiations with trade partners will also be considered by the government in the coming months.
The changes will also apply to non-visa national business visitors, such as those from the EU or America.
As with all government announcements of this kind, one has to wait and see how they work in practice, and whether their implementation will be useful to those utilising these visa routes.
One has to wait until at least the end of 2023 to see whether the number of construction workers choosing to apply for Skilled Worker visa’s increases with the addition of these roles to the Shortage Occupation List, though with the English language requirement still in place, it is likely that many will still find they cannot enter the trade as a sponsored worker.
The changes to the business visitor visa parameters might be more immediately welcomed, as more people are having to battle with the visitor visa work limitations post-Brexit. The visitor visa rules remain up to broad interpretation for now, and we await to see how these will be amended in the autumn statement of changes to the immigration rules.
17 March 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)
>>> Can a refugee switch into another visa type in-country ?
The answer is "may be" on the bases of, for example, requirement for the so-called "UK Spouse Visa" (Appendix FM), namely:
Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –
(a) on immigration bail, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.
20 March 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)
>>> Electronic Travel Authorisation (ETA) Rules
From the Home Office:
One of the government’s priorities is securing the UK’s border and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permissions the government is introducing an Electronic Travel Authorisation (ETA) scheme. The ETA Scheme will apply to those passengers visiting the UK or transiting the UK who do not need a visa for short stays. British and Irish citizens will not be required to obtain an ETA.
These rules set out how the scheme will be administered. The rules make clear who is required to apply for and obtain an ETA prior to travelling to the United Kingdom; the form or manner in which an application for an ETA may be made, granted or refused and specify the conditions which must be met before an application for an ETA may be granted. The Rules also stipulate how long an ETA will be valid for, the conditions under which it may be varied or cancelled and any exceptions to the requirement to obtain one.
As you may be aware, the UK and Ireland have been giving consideration to whether there is scope for a workable UK/Ireland data-sharing solution to determine whether a person is a lawful resident of Ireland and could therefore potentially be exempt from the ETA requirement. I am pleased to confirm that the Government will be exempting Third Country Nationals legally resident in Ireland from the requirement to obtain an Electronic Travel Authorisation when travelling to the UK on a journey within the Common Travel Area. In order to benefit from this exemption, if required by a UK immigration official, non-Irish residents of Ireland will need to present physical evidence which demonstrates that they are legally resident in Ireland, The Home Office will provide guidance in due course on acceptable evidence.
The ETA scheme will be implemented in a phased manner, on a nationality basis, over the next two years. Qatar, Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia, and Jordan, will be the first countries to benefit from the ETA scheme, allowing them to move to non-visa national status. The Home Office will provide further details about which countries will be next to benefit from the ETA scheme in due course.
The Home Office has also produced a communications pack about the ETA Scheme containing:
1. Key messages
2. Stakeholder factsheet
3. Ireland and Northern Ireland stakeholder factsheet
4. Social media assets and supporting post copy
5. ‘What is an ETA?’ guidance video
6. ETA GOV.UK webpage
The Guidance for sponsors on sponsoring a seasonal worker has been updated with the following changes:
• ‘a concession has been added which allows workers to re-enter the UK after 5 months of leaving.
• new salary requirements which will come into effect from April have been noted.
• other minor housekeeping changes’.
This version of the guidance is valid from 9 March 2023.
28 March 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)
>>> Implications of Roehrigj udgement
Following the High Court judgment in the case of R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31, the Home Office has amended their 'British citizenship: automatic acquisition' guidance:
'to reflect the fact that the policy for the acquisition of citizenship by individuals born in the UK between 1 January 1983 and 1 October 2000 inclusive to an EEA national parent HAS BEEN SUSPENDED whilst the Home Office assesses recently identified legal issues, and to confirm that if someone has already been recognised as a British citizen, for example, through the issue of a British citizen passport, we will continue to treat them as such.'
>>> UKVCAS Flexible Day Appointment Pilot Launched on 27 March 2023
From Sopra Steria:
'We just wanted to inform you that our pilot for Flexible Day appointments launched on 27th March. Customers will be able to arrive at their appointment at any time during the site’s published opening and closing hours (excluding lunch closure times when applicable).
This is just a pilot currently being offered at our Birmingham, Bedford Point Croydon, Glasgow and Manchester service points. Availability will also be limited.
Details of available slots and pricing will be available to customers/members during the appointment booking process on the UKVCAS website.'
29 March 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 UK’s Boarding Schools’ Association (BSA) has received confirmation that young learners will be able to study up to six months at independent schools on a visitor visa, clarifying recent conflicting advice from government
18 April 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)
21 April 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)
25 April 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 length of time passenger name records data may be retained has been updated from 10 years to 5 years.
>>> Sopra Steria price increase from the 1st May 2023
From the Sopra Steria:
'I wanted to let you know about a price increase for our services. From 1 May 2023, the average cost of our services will increase by 3.12%, as you know this less than the recently published Consumer Price Index (CPI) of 10.45%. Prices are now updated on the website (logged in pages).
Our free-of-charge standard appointments are not affected.’
>>> Priority Service for settlement routes not available at all VACs
In response to a query asking whether there are some VACs where settlement priority service has not yet been restored, the Home Office has confirmed that PV settlement is not offered in every country. The Home Office may at some point reflect this on gov.uk web-site.
27 April 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)
>>> Dependant of ILR (long residence) applicant Changes
Changes 12 April 2023.
Dependent family members in (some?) work routes may now continue to qualify for ILR on the same route without switching.
Namely:
– Main applicant applied for SET(LR) being a T2G applicant, and was granted ILR on the Long Residence basis
– Family members CONTINUED as T2G Dependents, applied and were granted ILR as T2G Dependents WITHOUT switching into Appendix FM Partner/Child
03 May 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)
"On 25 April, Tech Nation announced it has become part of Founders Forum Group.
This does not change the current process of applying for Global Talent endorsement as a digital technology applicant. You can still:
use the Tech Nation website to continue an application you started
start a new application
We’re working to confirm the long-term option for the endorsement of digital technology applications. Details will be published on this page as soon as possible."
11 May 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)
>>> Skilled Workers and the Hybrid Working - the New Norm
The Home Office, has confirmed that sponsors do not need to confirm on the SMS whether or not workers are working in a hybrid capacity. It is accepted that this is the new norm. As long as sponsors maintain records on site, the Home Office states that 'we will be satisfied should we conduct a compliance visit'. The current requirement to report ( C1.19) is expected to be shorty reviwed from the relevant Guidance.
12 May 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)
New and accessible guidance has been released by the Home Office on the deprivation of British citizenship under section 40 of the British Nationality Act 1981, detailing the approach caseworkers should take when deciding such cases, replacing previous Deprivation and nullity guidance.
The guidance covers instances where an individual may be deprived of their British citizenship if the Secretary of State is satisfied that it would be conducive to the public good and they would not become stateless as a result (section 40(2)). Or that the person acquired citizenship through registration or naturalisation that was obtained by means of fraud, false representation or concealment of material facts (section 40(3) and section 40(6)).
Under section 40(4), a decision to deprive someone of their citizenship on the basis that it would be conducive to the public good cannot be made if the Secretary of State is satisfied that it would leave the individual stateless. However section 40(4A), introduced by the Immigration Act 2014, provides that a decision to deprive someone of their citizenship where it would leave them stateless can be made if they have “conducted themselves in a manner seriously prejudicial to the vital interests of the UK and if there are reasonable grounds for believing that the person is able to become a national of another country or territory”.
The guidance also covers the service of deprivation notices, deprivation without notice, and appeals.
The Home Office have also published updated guidance on nullity of British citizenship, which has been updated to included clarification of the use of nullity following the Supreme Court’s judgment in R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82.
16 May 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)
New legislation came into force yesterday that ensures that UK and Irish nationals, and any other individual with a status in the UK that provides them with recourse to public funds, who left Sudan as a result of the recent violence are exempt from the residency test. This means that they will be able to access benefits and services (including accommodation) faster on arrival in the UK.
19 May 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 changed their mind on hybrid working reporting
The Home Office recently announced a new requirement for employers sponsoring overseas workers to report their usual working locations. They have now U-turned on that policy.
During the pandemic the Home Office advised that there was no obligation for sponsors to notify them if a sponsored worker was working from home. That exception was removed and the newly amended Part 3 of the Sponsor Guidance requires sponsors to make a report where a worker has moved, or will be moving to a hybrid working pattern as a more permanent working arrangements.
The update can currently be found at C1.19 onwards (though it is expected to be amended or removed) and includes a definition of hybrid working patterns:
“A “hybrid working pattern” is where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence, in addition to regularly attending one or more of your offices or branches, or a client site.”
This month, the Home Office has communicated that it will no longer require such reports, recognising that hybrid working patterns are the new normal.
Such a quick change in policy may be the result of a significant number of submissions from sponsors reporting on workers and a number of law firms. As hybrid working has become a standard business model for most post-pandemic, the reporting requirement particularly for large companies, would be extensive, costly and time-consuming.
It is recommended that organisations sponsoring overseas workers still keep an internal record of working patterns, including those of sponsored workers.
24 May 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)
In a written statement to parliament yesterday, Suella Braverman announced that the government intends to tighten the rules for international students in an attempt to bring down net migration figures, which are due to be published this Thursday, 25 May. The government have also published a news story to confirm the plans announced in the written statement.
The government plans include:
- Removing the right for international students to bring dependants unless they are on postgraduate courses currently designated as research programmes. - Removing the ability for international students to switch out of the student route into work routes before their studies have been completed. - Reviewing the maintenance requirements for students and dependants.
- Steps to clamp down on unscrupulous education agents who may be supporting inappropriate applications to sell immigration not education.
- Better communicating immigration rules to the higher education sector and to international students.
- Improved and more targeted enforcement activity.
The government intends to consult with the higher education sector and key stakeholders before introducing any changes, but equally hopes these plans can be implemented as soon as possible, estimating that changes will come into force in January 2024.
25 May 2023 Part 2– 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 inside the UK
The average wait time for 'a decision for leave to remain as a partner, parent or on the basis of your private life (10-year routes or 5-year parent route to settlement)* section was updated as follows:
"If you’re currently applying under a 10-year route to settlement (or 5-year parent route to settlement), there are no standard processing times for applications submitted as a partner, parent or on the basis of your private life. The average wait time for a decision is currently 9 months. We are working hard to reduce this.
Please note that there may be circumstances which result in your application taking slightly longer.
If you need to make urgent travel overseas (for example, due to a family bereavement), we may be able to provide a faster decision. Please contact UKVI."
* Application types FLR(M) and FLR(FP)
>>> The Home Office is planning to introduce to allow applicants from overseas to apply for Entry Clearance on the basis of Domestic Violence (DV) Rules.
Currently, the applicant can only apply to remain in the UK on the basis of the so-called Domestic Violence Rule from the UK.
26 May 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 government have introduced a new bill confirming people’s British citizenship rights to confirm how British nationality law is applied to people born in the UK to parents who are EU citizens between 1 January 1983 and 1 October 2000.
31 May 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)
01 June 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 High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. The case is MXK & Ors, R (On the application of) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin).
Комментарии
>>> Tech Nation announces it will cease operations on 31st March 2023
The Tech Nation has been the main Endorsing Body for the applicants under the popular Global Talent and the Innovator routes
This is worrying as under the current Rules, Part 9:
Endorsing body no longer approved
9.32.1. Where a person has entry clearance or permission on the Global Talent, Start-up or Innovator route their entry clearance or permission may be cancelled if their endorsing body ceases to hold that status for the route in which they were endorsed."
The Home Office currently said that "We are working closely with Tech Nation to ensure continuity of the digitech strand of the Global Talent visa in the short term, whilst we explore necessary long term changes in light of Tech Nation’s future closure".
>>> New Home Office site in Stoke-on-Trent
The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme.
Stoke-on-Trent Campus update
•The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme. With around 500 roles expected over 5 years, the Home Office is to become a major employer in the city for the first time.
•The new hub in Stoke-on-Trent will support a range of functions, which will be pivotal in operational activity across the country, including a national asylum customer communication hub, along with other operational and enabling teams.
•As part of meeting our commitment, our Stoke-on-Trent hub programmeteam are supporting significant recruitment and outreach activity in Stoke-on-Trent and across Staffordshire to encourage people from all backgrounds to consider a career in the new hub, and to change perceptions in the community of the Home Office.
>>> Apply for a Ukraine Family Scheme visa (3 visa types): https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4459caa5-ba6f-415c-8d32-4e348a6e944f&utm_content=immediately
>>> 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
Total Ukraine Scheme visa applications received: 265,500
Data is as of 31 January 2023 and comprised of:
Ukraine Family Scheme: 84,600
Ukraine Sponsorship Scheme: 180,900
>>> Is there any travel restrictions, while citizen application is being processed ?
Yes, subject to the Designated Area Offence: https://www.gov.uk/government/publications/operating-within-counter-terrorism-legislation/for-information-note-operating-within-counter-terrorism-legislation#designated-area-offence
>>> Indefinite leave to remain if you have family in the UK: https://www.gov.uk/indefinite-leave-to-remain-family#when-to-apply - Applying for IRL 28 days before reaching the ILR period
"You can apply once you’re eligible.
If you’re applying as a parent or a partner with a family visa, the earliest you can apply is 28 days before you meet the requirements for time spent in the UK. Your application may be refused if you apply earlier.
Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."
>>> Home Office accepts court defeat on EU Settlement Scheme: https://www.bbc.com/news/uk-politics-64663795
A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.
The Home Office said the judgement was now law, and it was working to implement it "as swiftly as possible".
A spokesman said: "Those with pre-settled status are encouraged to apply for settled status as soon as they are eligible, so they can obtain secure evidence of their right of permanent residence in the UK."
>>> Caseworker guidance: Immigration and nationality refunds policy: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1136308/Immigration_and_nationality_refunds_policy.pdf
The ‘Immigration and nationality refunds policy’ has been updated with 'Clarifications throughout the guidance and to the following sections:
• Authorisation
• Invalid Applications
• Priority services
• Update to Registered Traveller section
>>> Is the fee waiver option available for Settlement under 5 years under the form SET(M) ?
The answer is "No": https://freemovement.org.uk/fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say/
"Importantly, applications for indefinite leave to remain, even if based on a human rights claim, are not covered. Applicants can end up extending their temporary leave forever, until they can afford the indefinite leave to remain fee."
>>> Can I live in the UK if I have an Isle of Man BN(O) visa?
See https://kinleylegal.com/immigration/bno-visa/
If you intend to live in the UK, you should apply for the UK BN(O) Visa rather than in the Isle of Man. However, if you are granted an Isle of Man BN(O) Visa and at some point after arrival decide to move to the UK instead, we do not expect that you will have to re-apply for the UK BN(O) Visa. Provided that you comply with the conditions of the visa, you can visit the UK without restriction on an Isle of Man BN(O) Visa, including having a second home there.
>>> The British Red Cross's Report examining the UK’s Ukraine Visa Schemes: https://www.redcross.org.uk/fleeing-fearing-facing-the-future
One year on from Russia's invasion of Ukraine, the British Red Cross has published a report entitled 'Fearing, fleeing, facing the future: How people displaced by the conflict in Ukraine are seeking safety in the UK’
>>> I am an overstaer (for a long time) in the UK. May my application be refused if I return Home to get married and lodge an application as a spouse of a British citizen ?
The answer is "May be" as the Home Office changed the relevant Rules some time ago, removing the "immunity" for the spouse of the British citizens who remained in the UK illegally in the past.
See https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal#previous-breach-of-immigration-laws-grounds
Namely:
" Para 9.8.2. An application for entry clearance or permission to enter may be refused where:
(a) the applicant has previously breached immigration laws; and
(b) the application was made outside the relevant time period in paragraph 9.8.7; and
(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the documentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.
>>> I am a student in the UK. Can I work remitely for the Emplyer OUTSIDE THE UK ?
The answer is "No": https://www.ukcisa.org.uk/blog/6257/A-working-definition
If you personally are physically outside the UK, any conditions of a UK visa you hold are irrelevant, including the work conditions. The UK government has no jurisdiction over and no interest in your work activites when you are not even in the UK.
You will of course need check what are your work rights in the specific country where you are working.
However, any work you do when you are physically in the UK, for example working for a non-UK employer remotely or doing a “virtual internship” with them, counts towards your weekly 10 or 20 hour maximum. This is because the Student work restriction has no specific exception for work undertaken for an employer who is outside the UK.
>>> Upper Tribunal confirms undocumented extended family members cannot benefit from EU Settled Status scheme: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00219
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 aspect of the decision will be considered in a separate blog post, coming soon.
>>> Local authority’s challenge against accommodating unaccompanied asylum seeking children fails
In R (Medway Council) v Secretary of State for the Home Department [2023] EWHC 77 (Admin), a local authority challenged the Home Office’s decision to force them to comply with the National Transfer Scheme (NTS), set up to spread the responsibility of accommodating unaccompanied asylum-seeking children between local authorities.
The NTS followed on the back of their being disproportionately higher numbers of asylum-seekers arriving in Kent (through the port of Dover) and in the London Borough of Hillingdon (through Heathrow Airport). The aim was to ensure an equitable distribution of asylum seekers and to spread the load to other local authorities. Knowing that local authorities might protest at this idea, the Home Office had powers to compel local authorities to comply so long as it would not “unduly prejudice” them, under section 72(4) of the Immigration Act 2016.
Medway Council argued that their children’s services had been ranked by OFSTED as ‘inadequate’ and their ‘in-area’ accommodation for looked-after children was at capacity. The Court accepted that unilaterally being forced to house asylum-seekers meant some prejudice was inevitable for local authorities, but the question was whether the prejudice was “undue”. A local authority would only be exempt from participating in the NTS in “circumstances of crisis amounting to a complete breakdown”.
This is an eminently sensible decision by the High Court, who noted that Medway’s unaccompanied asylum-seeking children population was significantly lower than the regional average, and it had not participated in the voluntary NTS at any time. Budgetary constraints and lack of resources seem to be universal excuses across local authorities, but they cannot trump the more important duty to safeguard and promote the welfare of children, some of whom will have had harrowing experiences which brought them to the UK.
The change is expected to take place in early May 2023
A summary of the changes being made is as follows:
- Adding a dynamic information box – Message tailored by applicant type, appointment booking status, services booked etc. (right message to the right user at the right time)
- Removal of categories from the front end
- Bulk upload feature
- Prompt for file descriptions
- Simplified content that is easier to digest
- Adding a dynamic space to inform applicants of extra services that they can buy to help with their documents.
>>> The Start Up immigration category lives on
The Home Office decides to maintain and does not close the Start Up immigration category
>>> Border Force Strikes (15/16 March 2023): https://www.gov.uk/government/news/arrivals-to-the-uk-told-to-prepare-for-disruption-on-15-march?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=9c3d5901-87be-4b15-b952-983b231fa11b&utm_content=immediately
Arrivals to the UK told to prepare for disruption on 15 March
The UK government has undertaken extensive planning to minimise disruption, reduce queues and keep our border safe ahead of Border Force strike action.
>>> Paying an NHS debt (9 March 2023) Guidance: https://www.gov.uk/guidance/paying-an-nhs-debt?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=3a79e09a-bcc6-4979-ad05-755d05022613&utm_content=immediately
>>> 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: 275,200
Data is as of 7 March 2023 and comprised of:
Ukraine Family Scheme: 89,300
Ukraine Sponsorship Scheme: 185,900
Total Ukraine Scheme visas issued to people: 221,200
Data is as of 7 March 2023 and comprised of:
- Ukraine Family Scheme visas: 66,600
- Ukraine Sponsorship Scheme visas: 154,700
Total arrivals of Ukraine Scheme visa-holders in the UK: 165,700
Data is as of 6 March 2023 and comprised of:
- arrivals via Ukraine Family Scheme: 48,600
- arrivals via Ukraine Sponsorship Scheme: 117,100
>>> Spring budget migration announcements:https://www.gov.uk/government/publications/spring-budget-2023
Construction workers
The Migration Advisory Committee (MAC) review of the shortage occupation list will conclude later this year. An interim report on the construction and hospitality sector was published yesterday.
The construction and hospitality sectors account for 6% and 7% of all workforce jobs respectively. Currently, 30% of all jobs in construction are also self-employed. Self-employed workers are not eligible for the Skilled Worker visa route.
Five construction occupations be added to the shortage occupation list sometime before the summer parliamentary recess, which will allow sponsoring companies to pay workers in the roles 20% less than the mandatory minimum salary for sponsorship; £20,960 rather than £26,200. The roles are:
-Bricklayers and masons
-Roofers, roof tilers and slaters
-Carpenters and joiners
-Plasters and dryliners; and
-Construction and building trades not elsewhere classified.
But aside from a slightly lower application fee of £479, rather than £625 (or £719 if you are extending your visa from inside the UK), there is little additional benefit. Employers will still be subject to the Immigration Skills Charge (up to £1,000 per year). And there is no exemption from the English language requirement, which for many people is the real barrier to the visa, not the costs or salary.
Ukraine Visa Scheme employment support
There was also an announcement of an extension of the support provided to Ukrainians who arrived in the UK under the Ukraine Visa Schemes. £11.5 million will be provided for intensive English language courses and employment support for up to 10,000 people.
The government say that “this new funding is expected to boost the number of Ukrainians entering the labour market for the first time, as well as helping those already employed into higher-skilled roles”. With past reputation in mind, it is unclear whether government departments are working together to effectively provide long-term support for Ukrainian nationals, with ongoing visa scheme support being announced in the future, or whether this is a short-term goal ahead of an election year.
Given that Ukraine scheme visas last a maximum of three years and no clear indication about the future of the Ukrainian Schemes, many are only likely to be able to access fairly low-skill roles involving relatively short term employment. Employers are unlikely to invest in staff with the (currently) uncertain future. Some further clarification now would be useful both to Ukrainians and to employers.
Business visitor visa
The changes expected in autumn 2023 will include expanding the range of short-term business activities that can be carried out for periods of up to six months, as well as a review of permitted paid engagements. A wider range of activities linked to negotiations with trade partners will also be considered by the government in the coming months.
The changes will also apply to non-visa national business visitors, such as those from the EU or America.
As with all government announcements of this kind, one has to wait and see how they work in practice, and whether their implementation will be useful to those utilising these visa routes.
One has to wait until at least the end of 2023 to see whether the number of construction workers choosing to apply for Skilled Worker visa’s increases with the addition of these roles to the Shortage Occupation List, though with the English language requirement still in place, it is likely that many will still find they cannot enter the trade as a sponsored worker.
The changes to the business visitor visa parameters might be more immediately welcomed, as more people are having to battle with the visitor visa work limitations post-Brexit. The visitor visa rules remain up to broad interpretation for now, and we await to see how these will be amended in the autumn statement of changes to the immigration rules.
>>> Can a refugee switch into another visa type in-country ?
The answer is "may be" on the bases of, for example, requirement for the so-called "UK Spouse Visa" (Appendix FM), namely:
Immigration status requirements
E-LTRP.2.1. The applicant must not be in the UK-
(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –
(a) on immigration bail, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.
>>> Electronic Travel Authorisation (ETA) Rules
From the Home Office:
One of the government’s priorities is securing the UK’s border and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permissions the government is introducing an Electronic Travel Authorisation (ETA) scheme. The ETA Scheme will apply to those passengers visiting the UK or transiting the UK who do not need a visa for short stays. British and Irish citizens will not be required to obtain an ETA.
These rules set out how the scheme will be administered. The rules make clear who is required to apply for and obtain an ETA prior to travelling to the United Kingdom; the form or manner in which an application for an ETA may be made, granted or refused and specify the conditions which must be met before an application for an ETA may be granted. The Rules also stipulate how long an ETA will be valid for, the conditions under which it may be varied or cancelled and any exceptions to the requirement to obtain one.
As you may be aware, the UK and Ireland have been giving consideration to whether there is scope for a workable UK/Ireland data-sharing solution to determine whether a person is a lawful resident of Ireland and could therefore potentially be exempt from the ETA requirement. I am pleased to confirm that the Government will be exempting Third Country Nationals legally resident in Ireland from the requirement to obtain an Electronic Travel Authorisation when travelling to the UK on a journey within the Common Travel Area. In order to benefit from this exemption, if required by a UK immigration official, non-Irish residents of Ireland will need to present physical evidence which demonstrates that they are legally resident in Ireland, The Home Office will provide guidance in due course on acceptable evidence.
The ETA scheme will be implemented in a phased manner, on a nationality basis, over the next two years. Qatar, Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia, and Jordan, will be the first countries to benefit from the ETA scheme, allowing them to move to non-visa national status. The Home Office will provide further details about which countries will be next to benefit from the ETA scheme in due course.
Information and guidance about the scheme can be found here: https://homeoffice.brandworkz.com/BMS/albums/?album=3058&lightboxAccessID=C31278D3-84AE-4022-B1D2FF02E57D1442
The Home Office has also produced a communications pack about the ETA Scheme containing:
1. Key messages
2. Stakeholder factsheet
3. Ireland and Northern Ireland stakeholder factsheet
4. Social media assets and supporting post copy
5. ‘What is an ETA?’ guidance video
6. ETA GOV.UK webpage
The pack can be downloaded here: https://visas-immigration.service.gov.uk/expired/0609be84-26b6-4c12-b669-5094dc0d9a52
>>> Right to work checklist: https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version
The list for employers to check if their staff have the right to work in the UK has been updated to reflect the changes made on 28 February to the ‘Right to work checks: an employer’s guide’.
>>> Ukraine Visa Schemes: visa current 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
>>> Sponsor a seasonal worker Guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1142763/Sponsor-a-Seasonal-Worker-03-23_v1.0.pdf
The Guidance for sponsors on sponsoring a seasonal worker has been updated with the following changes:
• ‘a concession has been added which allows workers to re-enter the UK after 5 months of leaving.
• new salary requirements which will come into effect from April have been noted.
• other minor housekeeping changes’.
This version of the guidance is valid from 9 March 2023.
>>> Implications of Roehrigj udgement
Following the High Court judgment in the case of R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31, the Home Office has amended their 'British citizenship: automatic acquisition' guidance:
'to reflect the fact that the policy for the acquisition of citizenship by individuals born in the UK between 1 January 1983 and 1 October 2000 inclusive to an EEA national parent HAS BEEN SUSPENDED whilst the Home Office assesses recently identified legal issues, and to confirm that if someone has already been recognised as a British citizen, for example, through the issue of a British citizen passport, we will continue to treat them as such.'
>>> UKVCAS Flexible Day Appointment Pilot Launched on 27 March 2023
From Sopra Steria:
'We just wanted to inform you that our pilot for Flexible Day appointments launched on 27th March. Customers will be able to arrive at their appointment at any time during the site’s published opening and closing hours (excluding lunch closure times when applicable).
This is just a pilot currently being offered at our Birmingham, Bedford Point Croydon, Glasgow and Manchester service points. Availability will also be limited.
Details of available slots and pricing will be available to customers/members during the appointment booking process on the UKVCAS website.'
>>> 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: 280,200
Data is as of 21 March 2023 and comprised of:
Ukraine Family Scheme: 92,200
Ukraine Sponsorship Scheme: 188,000
Total Ukraine Scheme visas issued to people: 223,000
Data is as of 21 March 2023 and comprised of:
Ukraine Family Scheme visas: 67,000
Ukraine Sponsorship Scheme visas: 156,000
>>> UK Boarding Schools Get Confirmation on Visitor Visa Study: https://www.baisis.org.uk/uk-boarding-schools-get-confirmation-on-visitor-visa-study/
The UK’s Boarding Schools’ Association (BSA) has received confirmation that young learners will be able to study up to six months at independent schools on a visitor visa, clarifying recent conflicting advice from government
>>> Ask the Home Office to check your immigration status is correct:
https://www.gov.uk/guidance/ask-the-home-office-to-check-your-immigration-status-is-correct?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=3051b121-4d73-4066-9361-7c616b1e2468&utm_content=daily
If you believe your immigration status is wrong, and it has stopped you accessing work, benefits or services, you can ask the Home Office to check it.
>>> 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: 284,200
Data is as of 11 April 2023 and comprised of:
Ukraine Family Scheme: 93,500
Ukraine Sponsorship Scheme: 190,700
Total Ukraine Scheme visas issued to people: 225,300
Data is as of 11 April 2023 and comprised of:
Ukraine Family Scheme visas: 67,600
Ukraine Sponsorship Scheme visas: 157,800
Total arrivals of Ukraine Scheme visa-holders in the UK: 170,600
Data is as of 10 April 2023 and comprised of:
arrivals via Ukraine Family Scheme: 50,300
arrivals via Ukraine Sponsorship Scheme: 120,400
>>> Immigration Rules Appendix English Language: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-english-language#how-the-requirement-is-met
This Appendix sets out how the English language requirement is met.
>>> Borders, immigration and citizenship: privacy information notice: https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice
The length of time passenger name records data may be retained has been updated from 10 years to 5 years.
>>> Sopra Steria price increase from the 1st May 2023
From the Sopra Steria:
'I wanted to let you know about a price increase for our services. From 1 May 2023, the average cost of our services will increase by 3.12%, as you know this less than the recently published Consumer Price Index (CPI) of 10.45%. Prices are now updated on the website (logged in pages).
Our free-of-charge standard appointments are not affected.’
>>> Priority Service for settlement routes not available at all VACs
In response to a query asking whether there are some VACs where settlement priority service has not yet been restored, the Home Office has confirmed that PV settlement is not offered in every country. The Home Office may at some point reflect this on gov.uk web-site.
>>> Dependant of ILR (long residence) applicant Changes
Changes 12 April 2023.
Dependent family members in (some?) work routes may now continue to qualify for ILR on the same route without switching.
Namely:
– Main applicant applied for SET(LR) being a T2G applicant, and was granted ILR on the Long Residence basis
– Family members CONTINUED as T2G Dependents, applied and were granted ILR as T2G Dependents WITHOUT switching into Appendix FM Partner/Child
>>> Global Talent visa: Tech Nation: https://www.gov.uk/guidance/global-talent-visa-tech-nation-ceasing-operations?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=05846656-7ca2-41d8-8bff-ee1cec6967f2&utm_content=immediately
From the Home Office:
"On 25 April, Tech Nation announced it has become part of Founders Forum Group.
This does not change the current process of applying for Global Talent endorsement as a digital technology applicant. You can still:
use the Tech Nation website to continue an application you started
start a new application
We’re working to confirm the long-term option for the endorsement of digital technology applications. Details will be published on this page as soon as possible."
>>> 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: 286,800
Data is as of 25 April 2023 and comprised of:
Ukraine Family Scheme: 94,400
Ukraine Sponsorship Scheme: 192,400
Total Ukraine Scheme visas issued to people: 227,000
Data is as of 25 April 2023 and comprised of:
Ukraine Family Scheme visas: 67,900
Ukraine Sponsorship Scheme visas: 159,100
>>> Skilled Workers and the Hybrid Working - the New Norm
The Home Office, has confirmed that sponsors do not need to confirm on the SMS whether or not workers are working in a hybrid capacity. It is accepted that this is the new norm. As long as sponsors maintain records on site, the Home Office states that 'we will be satisfied should we conduct a compliance visit'. The current requirement to report ( C1.19) is expected to be shorty reviwed from the relevant Guidance.
>>> Ukraine Visa Schemes: visa data
See 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: 288,200
Data is as of 2 May 2023 and comprised of:
Ukraine Family Scheme: 94,900
Ukraine Sponsorship Scheme: 193,300
Total Ukraine Scheme visas issued to people: 227,700
Data is as of 2 May 2023 and comprised of:
Ukraine Family Scheme visas: 68,100
Ukraine Sponsorship Scheme visas: 159,600
>>> New guidance on deprivation of British citizenship: https://www.gov.uk/government/publications/deprivation-of-british-citizenship-caseworker-guidance
New and accessible guidance has been released by the Home Office on the deprivation of British citizenship under section 40 of the British Nationality Act 1981, detailing the approach caseworkers should take when deciding such cases, replacing previous Deprivation and nullity guidance.
The guidance covers instances where an individual may be deprived of their British citizenship if the Secretary of State is satisfied that it would be conducive to the public good and they would not become stateless as a result (section 40(2)). Or that the person acquired citizenship through registration or naturalisation that was obtained by means of fraud, false representation or concealment of material facts (section 40(3) and section 40(6)).
Under section 40(4), a decision to deprive someone of their citizenship on the basis that it would be conducive to the public good cannot be made if the Secretary of State is satisfied that it would leave the individual stateless. However section 40(4A), introduced by the Immigration Act 2014, provides that a decision to deprive someone of their citizenship where it would leave them stateless can be made if they have “conducted themselves in a manner seriously prejudicial to the vital interests of the UK and if there are reasonable grounds for believing that the person is able to become a national of another country or territory”.
The guidance also covers the service of deprivation notices, deprivation without notice, and appeals.
The Home Office have also published updated guidance on nullity of British citizenship, which has been updated to included clarification of the use of nullity following the Supreme Court’s judgment in R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82.
>>> New regulations enable certain people fleeing Sudan to access benefits: https://www.gov.uk/browse/benefits?utm_source=miragenews&utm_medium=miragenews&utm_campaign=news
New legislation came into force yesterday that ensures that UK and Irish nationals, and any other individual with a status in the UK that provides them with recourse to public funds, who left Sudan as a result of the recent violence are exempt from the residency test. This means that they will be able to access benefits and services (including accommodation) faster on arrival in the UK.
>>> The Home Office changed their mind on hybrid working reporting
The Home Office recently announced a new requirement for employers sponsoring overseas workers to report their usual working locations. They have now U-turned on that policy.
During the pandemic the Home Office advised that there was no obligation for sponsors to notify them if a sponsored worker was working from home. That exception was removed and the newly amended Part 3 of the Sponsor Guidance requires sponsors to make a report where a worker has moved, or will be moving to a hybrid working pattern as a more permanent working arrangements.
The update can currently be found at C1.19 onwards (though it is expected to be amended or removed) and includes a definition of hybrid working patterns:
“A “hybrid working pattern” is where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence, in addition to regularly attending one or more of your offices or branches, or a client site.”
This month, the Home Office has communicated that it will no longer require such reports, recognising that hybrid working patterns are the new normal.
Such a quick change in policy may be the result of a significant number of submissions from sponsors reporting on workers and a number of law firms. As hybrid working has become a standard business model for most post-pandemic, the reporting requirement particularly for large companies, would be extensive, costly and time-consuming.
It is recommended that organisations sponsoring overseas workers still keep an internal record of working patterns, including those of sponsored workers.
>>> Rule changes for international students and dependents to reduce net migration: https://www.gov.uk/government/news/changes-to-student-visa-route-will-reduce-net-migration
In a written statement to parliament yesterday, Suella Braverman announced that the government intends to tighten the rules for international students in an attempt to bring down net migration figures, which are due to be published this Thursday, 25 May. The government have also published a news story to confirm the plans announced in the written statement.
The government plans include:
- Removing the right for international students to bring dependants unless they are on postgraduate courses currently designated as research programmes.
- Removing the ability for international students to switch out of the student route into work routes before their studies have been completed.
- Reviewing the maintenance requirements for students and dependants.
- Steps to clamp down on unscrupulous education agents who may be supporting inappropriate applications to sell immigration not education.
- Better communicating immigration rules to the higher education sector and to international students.
- Improved and more targeted enforcement activity.
The government intends to consult with the higher education sector and key stakeholders before introducing any changes, but equally hopes these plans can be implemented as soon as possible, estimating that changes will come into force in January 2024.
>>> Visa decision waiting times: applications inside the UK
The average wait time for 'a decision for leave to remain as a partner, parent or on the basis of your private life (10-year routes or 5-year parent route to settlement)* section was updated as follows:
"If you’re currently applying under a 10-year route to settlement (or 5-year parent route to settlement), there are no standard processing times for applications submitted as a partner, parent or on the basis of your private life. The average wait time for a decision is currently 9 months. We are working hard to reduce this.
Please note that there may be circumstances which result in your application taking slightly longer.
If you need to make urgent travel overseas (for example, due to a family bereavement), we may be able to provide a faster decision. Please contact UKVI."
* Application types FLR(M) and FLR(FP)
>>> The Home Office is planning to introduce to allow applicants from overseas to apply for Entry Clearance on the basis of Domestic Violence (DV) Rules.
Currently, the applicant can only apply to remain in the UK on the basis of the so-called Domestic Violence Rule from 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
Total Ukraine Scheme visa applications received: 291,400
Data is as of 16 May 2023 and comprised of:
Ukraine Family Scheme: 96,200
Ukraine Sponsorship Scheme: 195,200
Total Ukraine Scheme visas issued to people: 229,300
Data is as of 16 May 2023 and comprised of:
Ukraine Family Scheme visas: 68,400
Ukraine Sponsorship Scheme visas: 160,900
Total arrivals of Ukraine Scheme visa-holders in the UK: 174,200
Data is as of 15 May 2023 and comprised of:
arrivals via Ukraine Family Scheme: 51,300
arrivals via Ukraine Sponsorship Scheme: 122,900
>>> New Nationality Bill introduced to protect British citizenship of children of EU citizens: https://www.gov.uk/government/publications/british-nationality-regularisation-of-past-practice-bill-factsheet
The government have introduced a new bill confirming people’s British citizenship rights to confirm how British nationality law is applied to people born in the UK to parents who are EU citizens between 1 January 1983 and 1 October 2000.
>>> Seafood sector jobs to be added to the Shortage Occupation List : https://www.gov.uk/government/news/seafood-sector-jobs-to-be-added-to-the-shortage-occupation-list?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=07d9aa4d-540d-4036-becb-e0ee709db8d0&utm_content=immediately
Fishing occupations are set to be added to the Shortage Occupation List (SOL) following recommendations from the Migration Advisory Committee.
>>> Migration statistics : https://www.gov.uk/government/collections/migration-statistics?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=7a8543fc-b595-415c-bcf5-4c1106cf06e1&utm_content=immediately
This series brings together documents relating to migration statistics.
>>> Unpublished Home Office policy on NHS debts declared unlawful: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2023/1272
A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. The case is MXK & Ors, R (On the application of) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin).