27 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> The new definition of the Unmarried Partner (simplified ?)
Note that the Home Office changed the definition of the Unmarried Partner.
Since summer 2024 there is no requirement for the parties to a durable relationship to have been living together for at least 2 years, as long as the relationship is similar to a marriage or civil partnership.
Дата брака по категории EU Settled Status Family Permit
Рассказываю о важности даты заключения брака для приезда в Великобританию по категории EU Settled Status Family Permit. Это заявление пока рассматривается бесплатно и ведет к ПМЖ (ILR) через 5 лет.
05 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> A reminder that the Home Office now no longer requires the UK Employers to renew their Sponsor Licenses
As such, sponsors with licenses expiring after the 6th April 2024, will not need to submit a renewal application or pay a renewal fee.
Furthermore, in anticipation of these changes, the authorities have also automatically extended the validity of all licenses expiring after April 6, 2024, for 10 years (previously the validity period was limited to 4 years).
06 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Pursuing compensation from the Home Office
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by means of a court case. Unlawful detention is one example and retention of a passport can be another but pursuing a case is fraught with difficulty and risk.
What about other situations, such as loss of documents, mistaken identity, ruining a wedding based on duff “intelligence” or losing a job?
There is a little known scheme operated by the Home Office that enables compensation claims to be made without the intervention of the court. This is set out in the “Ex-Gratia Payments Financial Redress Guidance”. This explains that “An ‘ex-gratia’ payment is a sum of money paid when there is no obligation or liability to pay it.” A distinction is drawn between this and ‘compensation’ payments that “must be awarded by the court”.
The guidance explains that these claims are expected to be made within three months of the complaint being resolved or an issue taking place and no later than six years from the date of the event giving rise to the claim.
Documentary evidence is explicitly not required [paragraph 1.2.3 of the guidance] and where it is unclear about whether or not the event occurred or an assertion is true then a decision will be made on the balance of probabilities [1.2.4].
There are two grounds on which a request for an ex gratia payment can be made. The first is maladministration and examples given in the guidance include losing documents (less likely now that most documents are provided electronically), incorrectly addressed correspondence (including where grant letters have been sent to the wrong address leading to a loss of ability to claim backdated benefits), defacing or invalidating documents, taking incorrect action (such as endorsing a grant of leave with the wrong conditions), failure to respond to correspondence and giving incorrect advice.
Issues that are expressly described in the guidance as not amounting to maladministration include delays and cases that have been put on hold pending a policy change.
The other basis on which an ex gratia payment can be claimed and made are where there are exceptional circumstances. This is where there has not been maladministration but someone has incurred expenses, the example given is if computer systems go down and people with appointments at contact centres incur additional expenses to make or travel to another appointment.
The general position is that payments will only be made for financial losses, the guidance states that “Consolatory payments for non-financial loss will only be paid in exceptional circumstances and only where there are sufficiently compelling circumstances to justify such a payment.” Consolatory payment can be made where the person has suffered injustice or hardship arising from “serious and persistent errors” [1.6.4].
A table in the guidance provides a list of circumstances where an ex gratia or consolatory payment may be made. This includes where interviews have been cancelled without notice, where delays have been caused by errors for example files being passed between directorates without action being taken and enforcement officers visiting an address wrongfully and incorrectly removing a person from the UK (the suggested payment for this last one is a woeful “Up to £1000”).
Earlier versions of complaints procedure were explicit about the ability to claim for reimbursement of financial loss directly resulting from Home Office errors as well as in exceptional circumstances where there was no financial loss, however the current version merely alludes to it by saying that people should provide “details of any reimbursement issues including papers and receipts to support your claim”. The ex gratia guidance is linked to without further explanation.
Payments from the Home Office can be expected to be few and far between, though, and only where it can clearly be established that the Home Office made a mistake of some sort. If you think you have a case for a payment, it should be pursued through the Home Office complaints process and the losses should be spelled out as clearly as possible and backed up with evidence. The guidance says that the complaints team:
should then send a letter apologising to the customer if maladministration has occurred and ask the customer to submit an ex-gratia claim if they wish along with any evidence to support their claim.
A review process is set out in the guidance and is available where the complainant is unhappy with the outcome of the ex gratia process and if still unhappy following the review, a case can be pursued to the Parliamentary Ombudsman. Substantial compensation can be ordered this way, both for direct financial losses and inconvenience or hurt feelings. There is a procedure that must be followed, which requires the Home Office complaints process to have been exhausted and for a referral to be made via your local Member of Parliament.
The process of seeking an ex gratia payment can be protracted, but all this can be done without the assistance of a lawyer and with no risk of having to pay the legal costs of the other side.
11 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Beginning the 10th September 2024, the Home Office has been sending text message notifications to BRP holders to encourage them to create a UKVI account.
The text message says:
"Hello.
Your Biometric Residence Permit (BPR) reference ending [4 digits] is being replaced with an eVisa.
If you haven’t already, search ‘online immigration status’ at gov.uk to find out how to create a UKVI account and access your eVisa.
If you already have a UKVI account, please update your travel document and personal information.
Search ‘update your account’ on gov.uk for details.’"
11 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> The eVisa and UK Digitalization Process – important information
How will the carriers (airlines etc) know that the person travelling / returning to the UK has the right to do so from 2025 ?
As explained by the Home Office / ILPA today, the carriers will be connected / interfaced to the Home Office “Person Look Up Data Base / Advanced Passenger Information Date Base” and will be able to check the travellers’ eVisa.
The carriers then will be provided with the following response:
- GREEN: The traveller is good to go
- AMBER: The traveller’s details needs to be verified/confirmed with the Home Office
- RED: The traveller cannot go to the UK
The Home Office intends to provide the 24/7 Carriers’ Help Line.
NB Currently (September 2024) not all the airlines have connected to the Home Office eVisa Data Base.
Indeed, more and more people come to our Legal Centre - Private UK & EEA Immigration Lawyers and Advocates, asking for help with the Home Office errors.
16 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors:
An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after obvious errors were made both procedurally and in the refusal letter. The case is R (on the application of Ghadam) v Secretary of State for the Home Department (Discretion – further enquiries – s31(2A)) [2024] UKUT 281 (IAC).
02 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Can a refugee travel on a national passport if they do not have a travel document and never applied for a travel document ?
>>> New guidance from the tribunal on witnesses giving evidence from abroad
The President of the First-tier Tribunal (Immigration and Asylum Chamber) has issued Presidential Guidance Note No 2 of 2024 on witnesses giving evidence from abroad, following new arrangements being agreed with HM Courts and Tribunals Service and the Foreign, Commonwealth & Development Office. This has replaced the previous guidance on taking evidence from abroad, Presidential Guidance Note No 4 of 2022:
.
Where a person wants to rely on live oral evidence given by video from overseas, the person will need permission from the tribunal. The requirement for permission does not apply if the evidence is given in writing or if the person giving video evidence is located in the UK, Crown Dependencies or British Overseas Territories.
The guidance sets out the procedure to be followed, including checking whether the country has given permission for live video evidence to be taken from within its jurisdiction and what needs to be done when asking the tribunal for permission.
The guidance also explains how the tribunal will approach the prospect of delays where the FCDO has to contact an overseas embassy and whether or not the tribunal will delay proceedings in order to have the reply. The following factors will be considered:
• whether it is necessary for the witness to give oral evidence by reference to the disputed issues;
• whether the witness could address the disputed issues adequately by providing written answers to questions posed by the opposing party; and
• whether delay could be avoided altogether by the witness travelling to a third country where it is known there are no diplomatic objections to the giving of oral evidence.
!!! It seems that the Home Office has now REMOVED the fast track (24-hour Super Priority Service) option when applying under certain family routes (like the UK Spouse application - switching into and extending (FLR(M), FLR(FP)) !!!
18 ошибок, 3 критические: о сложности британских иммиграционных Правил.
Рассказываю о конкретном примере стандартной проверки заявления одного из моих клиента, который рискнул подготовить иммиграционное заявление на британскую визу самостоятельно.
New measures to cut historically high levels of net migration have been announced today, bolstering the Home Secretary’s approach to tackle the root causes behind the UK’s long-term reliance on international recruitment.
Sectors most reliant on overseas workers will be targeted to ensure they are addressing their failure to invest in skills here in the UK.
The government will task the Migration Advisory Committee (MAC) with monitoring and proactively highlighting key sectors where skills shortages have led to surges in overseas recruitment and provide a yearly assessment to ministers to inform policy decision making.
Rules around visa sponsorship of migrant workers will also be strengthened so that strong action can be taken against employers who flout employment laws, restricting their ability to hire workers from abroad. This is in addition to work already underway to clamp down on existing sponsor licence holders and to stop visa abuse, such as the ramping up of investigation visits by UK Visas and Immigration (UKVI), and suspending and revoking licenses where employers abuse the immigration system and exploit migrant workers.
This follows plans already set out by the Home Secretary to link migration policy with skills and wider labour market policy, so that international recruitment is no longer the default choice for employers filling skills shortages, as well as the government’s confirmation that changes made by the previous administration to the immigration system will remain in place.
The new joined-up approach across government, set out by the Home Secretary in July, establishes a framework in which the newly formed Skills England, the Industrial Strategy Council, together with input from the Department for Work and Pensions, will work closely with the MAC so that migration is not used as an alternative to tackling training or skills shortages in the UK.
The MAC’s annual assessment will help industries respond swiftly to skills gaps and take necessary steps to reduce their dependency on migrant workers and invest in training, workforce plans, and higher quality jobs for workers here at home.
The expanded role for the MAC will be bolstered by additional capacity and includes work to assess the root causes of why certain sectors are so reliant on overseas workers. It has already been commissioned by the Home Secretary to look at IT and engineering - key sectors which have consistently relied on the international workforce, rather than sourcing the workers and skills they need here in the UK.
10 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> European Court of Justice: Designation of a third country as a safe country of origin must cover its entire territory
The European Court of Justice has handed down a case reminding EU member states that they can only designate whole countries, not parts of countries, as safe:
“The Court of Justice specifies the conditions for the designation by a Member State of third countries as safe countries of origin under the directive on common procedures for international protection. It considers that the fact that a third country derogates from the obligations under the ECHR does not preclude it from being designated as such. The authorities of the Member States must, however, assess whether the conditions for implementing the right to derogate are capable of calling that designation into question. Furthermore, the Court holds that EU law precludes a Member State from designating a third country as a safe country of origin for only part of its territory. In addition, the national court called upon to verify the lawfulness of an administrative decision on international protection must raise of its own motion, as part of its full examination, a failure to take account of the rules of EU law relating to the designation of safe countries of origin.”
17 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Asylum delay challenge dismissed by High Court of Justice in Northern Ireland
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human Rights because of the delay in the applicant’s asylum claim.
The case is JR247, Re Application for Judicial Review (Rev1) [2024] NIKB 72
21 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> How much is a fine for employing 2 illegal workers ?
An Employer has recently been fined some £80 000 (reduced to £56 000 in case of a fast payment) for employing 2 workers on UK Visitor Visas.
You have been warned.
23 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> If the application is refused in the UK, when the applicant must leave the UK as the latest ?
The answer in 2024 is “30 days”.
Namely:
A period of overstaying will be disregarded for the purpose of paragraph 9.8.4. (a) where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and:
• (a) the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or
• (b) the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or
• (c) paragraph 39E applied to the period of overstaying
Начали обращаться граждане Украины, кто живет в EU и кто имеет разрешение на проживание в EU и так же в Великобритании.
Тем кто живет в EU на границе сказали обратиться в местный (той или иной страны) иммиграционный офис. После такого обращения им было указано на недопустимость (например, Австрия в последнем случае) наличия двух параллельных разрешений в 2-х странах. Человека попросили прислать подтверждение о том, что его британская BRP и статус ФОРМАЛЬНО отменены. Иначе может не получить продление в стране проживания в EU.
Проблема в том, что Великобритания не отменяет BRP/Visa/статус по желанию, а только за преступления / нарушения визового режима.
24 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Did you know that you could also take and pass the TB test in the UK rather then in your country ?
Say, you are a visitor in the UK and plan to lodge a Skilled Worker, UK Spouse visa etc immigration application, and you are from the country where you are required to take and pass the TB test.
Now you can take and pass the acceptable TB test in the UK, too.
During the recent conference, the Home Office informed that they may include Ukrainians, present in the UK under the Ukrainian Schemes, into the Domestic Violence Rules.
That is, if the marriage breaks down, the Ukrainians (NB Provided the Rules IS IMPLEMENTED), may be able to remain in the UK as victims of Domestic Violence.
Questions ? Legal Centre - Private UK & EEA Immigration Lawyers and Advocates is here to help: +447791145923 www.legalcentre.org
There has been a change in the Rules. Be careful is you have an outstanding (undecided) EUSS application, and you leave the UK. Watch the video for more details.
Изменились Правила. Будьте аккуратны если у Ваше заявления EUSS находится на рассмотрении и Вы выезжаете за пределы Великобритании. См. детали в видео.
Комментарии
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> The new definition of the Unmarried Partner (simplified ?)
Note that the Home Office changed the definition of the Unmarried Partner.
Since summer 2024 there is no requirement for the parties to a durable relationship to have been living together for at least 2 years, as long as the relationship is similar to a marriage or civil partnership.
Рассказываю о том, как сейчас (снова/пока) можно перейти с гостевой визы на т.н. EU Pre-Settled Status.
Рассказываю о важности даты заключения брака для приезда в Великобританию по категории EU Settled Status Family Permit. Это заявление пока рассматривается бесплатно и ведет к ПМЖ (ILR) через 5 лет.
Рассказываю о возможных планах текущего правительства Великобритании о возможном пересмотре уровня дохода для британских супружеских виз
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> A reminder that the Home Office now no longer requires the UK Employers to renew their Sponsor Licenses
As such, sponsors with licenses expiring after the 6th April 2024, will not need to submit a renewal application or pay a renewal fee.
Furthermore, in anticipation of these changes, the authorities have also automatically extended the validity of all licenses expiring after April 6, 2024, for 10 years (previously the validity period was limited to 4 years).
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Pursuing compensation from the Home Office
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by means of a court case. Unlawful detention is one example and retention of a passport can be another but pursuing a case is fraught with difficulty and risk.
What about other situations, such as loss of documents, mistaken identity, ruining a wedding based on duff “intelligence” or losing a job?
There is a little known scheme operated by the Home Office that enables compensation claims to be made without the intervention of the court. This is set out in the “Ex-Gratia Payments Financial Redress Guidance”. This explains that “An ‘ex-gratia’ payment is a sum of money paid when there is no obligation or liability to pay it.” A distinction is drawn between this and ‘compensation’ payments that “must be awarded by the court”.
The guidance explains that these claims are expected to be made within three months of the complaint being resolved or an issue taking place and no later than six years from the date of the event giving rise to the claim.
Documentary evidence is explicitly not required [paragraph 1.2.3 of the guidance] and where it is unclear about whether or not the event occurred or an assertion is true then a decision will be made on the balance of probabilities [1.2.4].
There are two grounds on which a request for an ex gratia payment can be made. The first is maladministration and examples given in the guidance include losing documents (less likely now that most documents are provided electronically), incorrectly addressed correspondence (including where grant letters have been sent to the wrong address leading to a loss of ability to claim backdated benefits), defacing or invalidating documents, taking incorrect action (such as endorsing a grant of leave with the wrong conditions), failure to respond to correspondence and giving incorrect advice.
Issues that are expressly described in the guidance as not amounting to maladministration include delays and cases that have been put on hold pending a policy change.
The other basis on which an ex gratia payment can be claimed and made are where there are exceptional circumstances. This is where there has not been maladministration but someone has incurred expenses, the example given is if computer systems go down and people with appointments at contact centres incur additional expenses to make or travel to another appointment.
The general position is that payments will only be made for financial losses, the guidance states that “Consolatory payments for non-financial loss will only be paid in exceptional circumstances and only where there are sufficiently compelling circumstances to justify such a payment.” Consolatory payment can be made where the person has suffered injustice or hardship arising from “serious and persistent errors” [1.6.4].
A table in the guidance provides a list of circumstances where an ex gratia or consolatory payment may be made. This includes where interviews have been cancelled without notice, where delays have been caused by errors for example files being passed between directorates without action being taken and enforcement officers visiting an address wrongfully and incorrectly removing a person from the UK (the suggested payment for this last one is a woeful “Up to £1000”).
Earlier versions of complaints procedure were explicit about the ability to claim for reimbursement of financial loss directly resulting from Home Office errors as well as in exceptional circumstances where there was no financial loss, however the current version merely alludes to it by saying that people should provide “details of any reimbursement issues including papers and receipts to support your claim”. The ex gratia guidance is linked to without further explanation.
Payments from the Home Office can be expected to be few and far between, though, and only where it can clearly be established that the Home Office made a mistake of some sort. If you think you have a case for a payment, it should be pursued through the Home Office complaints process and the losses should be spelled out as clearly as possible and backed up with evidence. The guidance says that the complaints team:
should then send a letter apologising to the customer if maladministration has occurred and ask the customer to submit an ex-gratia claim if they wish along with any evidence to support their claim.
A review process is set out in the guidance and is available where the complainant is unhappy with the outcome of the ex gratia process and if still unhappy following the review, a case can be pursued to the Parliamentary Ombudsman. Substantial compensation can be ordered this way, both for direct financial losses and inconvenience or hurt feelings. There is a procedure that must be followed, which requires the Home Office complaints process to have been exhausted and for a referral to be made via your local Member of Parliament.
The process of seeking an ex gratia payment can be protracted, but all this can be done without the assistance of a lawyer and with no risk of having to pay the legal costs of the other side.
Рассказываю о том, как можно остаться жить в Великобритании после развода с EU партнером (Retained Right of Residence).
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Beginning the 10th September 2024, the Home Office has been sending text message notifications to BRP holders to encourage them to create a UKVI account.
The text message says:
"Hello.
Your Biometric Residence Permit (BPR) reference ending [4 digits] is being replaced with an eVisa.
If you haven’t already, search ‘online immigration status’ at gov.uk to find out how to create a UKVI account and access your eVisa.
If you already have a UKVI account, please update your travel document and personal information.
Search ‘update your account’ on gov.uk for details.’"
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> The eVisa and UK Digitalization Process – important information
How will the carriers (airlines etc) know that the person travelling / returning to the UK has the right to do so from 2025 ?
As explained by the Home Office / ILPA today, the carriers will be connected / interfaced to the Home Office “Person Look Up Data Base / Advanced Passenger Information Date Base” and will be able to check the travellers’ eVisa.
The carriers then will be provided with the following response:
- GREEN: The traveller is good to go
- AMBER: The traveller’s details needs to be verified/confirmed with the Home Office
- RED: The traveller cannot go to the UK
The Home Office intends to provide the 24/7 Carriers’ Help Line.
NB Currently (September 2024) not all the airlines have connected to the Home Office eVisa Data Base.
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Fee waivers for bereaved partners, applying for Settlement, in the UK: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-bereaved-partner
Usually, an applicant cannot apply for the Home Office application fee waiver, when applying for Settlement (Indefinite Leave to Remain) in the UK.
The Home Office is now amending the Rules to allow bereaved partners to apply for the fee waiver when they apply to remain in the UK for Settlement.
Indeed, more and more people come to our Legal Centre - Private UK & EEA Immigration Lawyers and Advocates, asking for help with the Home Office errors.
Рассказываю о "перлах" переводчиков во время судебных заседаний.
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors:
https://www.bailii.org/uk/cases/UKUT/IAC/2024/281.html
An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after obvious errors were made both procedurally and in the refusal letter. The case is R (on the application of Ghadam) v Secretary of State for the Home Department (Discretion – further enquiries – s31(2A)) [2024] UKUT 281 (IAC).
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)
>>> Can a refugee travel on a national passport if they do not have a travel document and never applied for a travel document ?
The answer is, apparently, “No”. See
https://assets.publishing.service.gov.uk/media/602e3783d3bf7f7221aad81d/English_only_-_web_accessible.pdf
>>> New guidance from the tribunal on witnesses giving evidence from abroad
The President of the First-tier Tribunal (Immigration and Asylum Chamber) has issued Presidential Guidance Note No 2 of 2024 on witnesses giving evidence from abroad, following new arrangements being agreed with HM Courts and Tribunals Service and the Foreign, Commonwealth & Development Office. This has replaced the previous guidance on taking evidence from abroad, Presidential Guidance Note No 4 of 2022:
.
Where a person wants to rely on live oral evidence given by video from overseas, the person will need permission from the tribunal. The requirement for permission does not apply if the evidence is given in writing or if the person giving video evidence is located in the UK, Crown Dependencies or British Overseas Territories.
The guidance sets out the procedure to be followed, including checking whether the country has given permission for live video evidence to be taken from within its jurisdiction and what needs to be done when asking the tribunal for permission.
The guidance also explains how the tribunal will approach the prospect of delays where the FCDO has to contact an overseas embassy and whether or not the tribunal will delay proceedings in order to have the reply. The following factors will be considered:
• whether it is necessary for the witness to give oral evidence by reference to the disputed issues;
• whether the witness could address the disputed issues adequately by providing written answers to questions posed by the opposing party; and
• whether delay could be avoided altogether by the witness travelling to a third country where it is known there are no diplomatic objections to the giving of oral evidence.
See the list of the available Fast Track options here: https://www.gov.uk/faster-decision-visa-settlement/eligible-visas-when-applying-inside-the-uk
Клиенту раньше безрезультатно попробовала помочь другая фирма. Попытка победить Home Office посредством Judicial Review так же провалилась.
Наш Legal Centre тщательно подготовил и подал заявление на ПМЖ этого клиента. В результате заявление одобрили всего за 1 день.
Делюсь статистикой ежедневных одобрений решений клиентов нашего Legal Centre.
Рассказываю о конкретном примере стандартной проверки заявления одного из моих клиента, который рискнул подготовить иммиграционное заявление на британскую визу самостоятельно.
New measures to cut historically high levels of net migration have been announced today, bolstering the Home Secretary’s approach to tackle the root causes behind the UK’s long-term reliance on international recruitment.
Sectors most reliant on overseas workers will be targeted to ensure they are addressing their failure to invest in skills here in the UK.
The government will task the Migration Advisory Committee (MAC) with monitoring and proactively highlighting key sectors where skills shortages have led to surges in overseas recruitment and provide a yearly assessment to ministers to inform policy decision making.
Rules around visa sponsorship of migrant workers will also be strengthened so that strong action can be taken against employers who flout employment laws, restricting their ability to hire workers from abroad. This is in addition to work already underway to clamp down on existing sponsor licence holders and to stop visa abuse, such as the ramping up of investigation visits by UK Visas and Immigration (UKVI), and suspending and revoking licenses where employers abuse the immigration system and exploit migrant workers.
This follows plans already set out by the Home Secretary to link migration policy with skills and wider labour market policy, so that international recruitment is no longer the default choice for employers filling skills shortages, as well as the government’s confirmation that changes made by the previous administration to the immigration system will remain in place.
The new joined-up approach across government, set out by the Home Secretary in July, establishes a framework in which the newly formed Skills England, the Industrial Strategy Council, together with input from the Department for Work and Pensions, will work closely with the MAC so that migration is not used as an alternative to tackling training or skills shortages in the UK.
The MAC’s annual assessment will help industries respond swiftly to skills gaps and take necessary steps to reduce their dependency on migrant workers and invest in training, workforce plans, and higher quality jobs for workers here at home.
The expanded role for the MAC will be bolstered by additional capacity and includes work to assess the root causes of why certain sectors are so reliant on overseas workers. It has already been commissioned by the Home Secretary to look at IT and engineering - key sectors which have consistently relied on the international workforce, rather than sourcing the workers and skills they need here in the UK.
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>>> European Court of Justice: Designation of a third country as a safe country of origin must cover its entire territory
See https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:62022CJ0406 ( Case C-406/22 Ministerstvo vnitra České republiky, Odbor azylové a migrační politiky)
The European Court of Justice has handed down a case reminding EU member states that they can only designate whole countries, not parts of countries, as safe:
“The Court of Justice specifies the conditions for the designation by a Member State of third countries as safe countries of origin under the directive on common procedures for international protection. It considers that the fact that a third country derogates from the obligations under the ECHR does not preclude it from being designated as such. The authorities of the Member States must, however, assess whether the conditions for implementing the right to derogate are capable of calling that designation into question. Furthermore, the Court holds that EU law precludes a Member State from designating a third country as a safe country of origin for only part of its territory. In addition, the national court called upon to verify the lawfulness of an administrative decision on international protection must raise of its own motion, as part of its full examination, a failure to take account of the rules of EU law relating to the designation of safe countries of origin.”
Important UK Immigration News and Updates from the Legal Centre
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>>> Asylum delay challenge dismissed by High Court of Justice in Northern Ireland
The High Court of Justice in Northern Ireland has dismissed a judicial review alleging a breach of article 8 of the European Convention of Human Rights because of the delay in the applicant’s asylum claim.
The case is JR247, Re Application for Judicial Review (Rev1) [2024] NIKB 72
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>>> How much is a fine for employing 2 illegal workers ?
An Employer has recently been fined some £80 000 (reduced to £56 000 in case of a fast payment) for employing 2 workers on UK Visitor Visas.
You have been warned.
>>> Can a TB test be taken in the UK for the out-of-the UK Visa application ?
The answer is, apparently, “Yes”.
See https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics/tuberculosis-testing-in-the-uk
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>>> If the application is refused in the UK, when the applicant must leave the UK as the latest ?
The answer in 2024 is “30 days”.
Namely:
A period of overstaying will be disregarded for the purpose of paragraph 9.8.4. (a) where the person left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, and:
• (a) the person overstayed for 90 days or less, where the overstaying began before 6 April 2017; or
• (b) the person overstayed for 30 days or less, where the overstaying began on or after 6 April 2017; or
• (c) paragraph 39E applied to the period of overstaying
Тем кто живет в EU на границе сказали обратиться в местный (той или иной страны) иммиграционный офис. После такого обращения им было указано на недопустимость (например, Австрия в последнем случае) наличия двух параллельных разрешений в 2-х странах. Человека попросили прислать подтверждение о том, что его британская BRP и статус ФОРМАЛЬНО отменены. Иначе может не получить продление в стране проживания в EU.
Проблема в том, что Великобритания не отменяет BRP/Visa/статус по желанию, а только за преступления / нарушения визового режима.
Обратите внимание.
Important UK Immigration News and Updates from the Legal Centre
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>>> Did you know that you could also take and pass the TB test in the UK rather then in your country ?
Say, you are a visitor in the UK and plan to lodge a Skilled Worker, UK Spouse visa etc immigration application, and you are from the country where you are required to take and pass the TB test.
Now you can take and pass the acceptable TB test in the UK, too.
See https://www.gov.uk/government/publications/uk-tuberculosis-test-clinics
Кому интересно, могут почитать здесь: https://www.gov.uk/government/news/oisc-investigation-leads-to-immigration-adviser-prosecution
That is, if the marriage breaks down, the Ukrainians (NB Provided the Rules IS IMPLEMENTED), may be able to remain in the UK as victims of Domestic Violence.
Questions ? Legal Centre - Private UK & EEA Immigration Lawyers and Advocates is here to help: +447791145923 www.legalcentre.org
Изменились Правила. Будьте аккуратны если у Ваше заявления EUSS находится на рассмотрении и Вы выезжаете за пределы Великобритании. См. детали в видео.
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