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Важные судебные решения и полезная информация для иммигрантов

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  • 17 March 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> UK wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds: https://curia.europa.eu/juris/document/document.jsf?text=&docid=255423&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=233107

    Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C 247/20 VI v Her Majesty’s Revenue and Customs.


  • 05 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Seasonal Workers must now be paid at Skilled Worker rates: https://www.gov.uk/.../workers-and-temporary-workers...

    At the moment, everyone on a Seasonal Worker visa must be paid minimum wage. That means £9.50 an hour for people over 23 (the “National Living Wage”), a bit less for 21-22 year olds, and £6.83 for those aged 18 to 20.

    From 6 April 2022, they must instead be paid at Skilled Worker rates. Official guidance says:

    "For any worker you sponsor on the Seasonal Worker route who will be making their application for entry clearance on or after 6 April 2022, you must confirm the applicant will be paid at least £10.10 for each hour they work."

    >>> Home Office agrees to reconsider landmark Ukraine asylum case: https://www.bailii.org/uk/cases/UKUT/IAC/2020/314.html

    The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by the Court of Appeal.

    What does this mean for others?


    It means that the decision in PK & OS has not been overturned by the Court of Appeal. However, those now claiming asylum on the basis of draft evasion may well be able to show that the factual background has changed: in particular, that there is no longer any sensible distinction between a conflict zone and a non-conflict zone, or over who is summoned to the military. In light of that, PK & OS may be helpful for what it says about the conduct of the conflict and association with unlawful acts.
    For fresh claimants, as well as for those awaiting a decision at the First-tier or Upper Tribunal, any decision will have to be made in accordance with the situation as it is when the appeal is heard, not at the point of application. The current situation can therefore be taken into account even if the application was made before the invasion.


    The Home Office has now withdrawn all its Ukraine country policy and information notes, so it will be particularly important for Ukrainian asylum seekers to put in relevant background evidence and seek permission to amend their grounds of appeal where necessary.
  • 06 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Proposed change to the lawful residence requirement for naturalisation

    From the Nationality Policy Team at the Home Office, regarding nationality provisions proposed in the Nationality and Borders Bill

    "...the new clause relates to naturalisation applications for British citizenship under sections 6(1) or 6(2) of the British Nationality Act 1981, and applications to register as a British citizen under section 4(2), all of which have requirements that the person should not

    The lawful residence requirement has been a cause of concern for EEA nationals who were granted indefinite leave to remain (ILR) under the EU Settlement Scheme, but had been resident here as students or self-sufficient persons without Comprehensive Sickness Insurance.  As you know, the 1981 Act includes limited discretion to overlook periods of unlawful residence in the UK, and our guidance includes such persons in the examples of when we would normally expect to exercise discretion.  However, that discretion can only be used in the special circumstances of a particular case and so caseworkers often need to ask for further information.  Although no applications have been refused because a person did not have CSI, we are aware that our existing guidance does not give the reassurance that some EEA nationals and their family members would want. 

    The amendment is intended to benefit all applicants and not just those who acquired ILR under the EU Settlement Scheme. It will mean the Home Secretary does not have to enquire into lawful residence at all where the applicant has ILR or indefinite leave to enter (ILE), however it was acquired. This will, of course, avoid us looking at periods of residence already considered in earlier applications.

    We believe the change will additionally provide the certainty which people have asked for; will end the confusion over differing requirements between EUSS and nationality; will reduce the evidence required to be supplied with an application to begin with; and will aid the processing of cases in a fair and sensible manner.
    You may have seen that the wording of the amendment is to “allow the Secretary of State to treat a person who has indefinite leave to enter or remain as meeting certain residence requirements”. This recognises that there may be exceptional cases when we chose not to do so. This might, for example, be in cases where new information comes to light that would have affected the original ILR/ILE decision had it been known at the time. However, this is expected to be a very rare occurrence.

    The good character guidance will be amended in line with this change, and so that personal immigration transgressions for those already granted ILR or ILE similarly do not lead to an application failing solely on that basis.  But it is only personal immigration history which may be overlooked: issues such as criminality will still be considered. Equally, we will still be assessing the length of absences from the UK during the residential qualifying period.

    We will, of course, update guidance and application forms to reflect the change of approach in due course, and hope to be able to share our draft guidance on the new routes with you following Royal Assent."
  • Еще один пример "тихой амнистии".

    Гражданин Украины, приехал нелегально в Великобританию несколько лет тому назад.

    Живет с девушкой из Евросоюза, у них общий ребенок.

    Разумеется, на момент боевых действий он не был на Украине.

    ВСЕ НАРУШЕНИЯ БЫЛИ АККУРАТНО УКАЗАНЫ В АНКЕТЕ.

    Тщательно подготовили заявление (UFS) и подали его 1 апреля 2022 года. Биометрику сдали в понедельник, 4 апреля 2022 года. Заявление было одобрено сегодня, 7 апреля 2022 года.

    Делюсь статистикой.

    UFS_approval_illegal_entrant_2020_April_07.jpg

    UFS_approval_illegal_entrant_2020_April_2.jpg
  • 12 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Global Business Mobility, High Potential Individual, and Scale-up visas launch dates

    From the UK BA:

    "As part of the implementation of the UK Government’s Plan for Growth we have made changes to the immigration system, seeing the launch of three new visa routes:

    ⦁ Global Business Mobility, opening on 11 April
    ⦁ High Potential Individual, opening on 30 May
    ⦁ Scale-up, opening on 22 August
    "

    >>> UK Visa fee changes: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2022

    >>> Temporary suspension of priority and super priority services in some out of country routes - continues

    From the UK BA:

    "UK Visas and Immigration (UKVI) is currently prioritising applications made under the Ukraine Family Scheme in response to the humanitarian crisis arising from the invasion of Ukraine.

    The temporarily suspended priority and super priority services for new study, work, and family applications continues. Customers with standard applications in study, work, and family routes may experience some delays in the processing of their application. We apologise for any inconvenience this may cause."

    >>> Visit visa processing times

    From the UK BA:

    "Standard visitor visa applications are currently taking an average of six weeks to process. The six-week processing time is a global average and we recognise that timescales may vary from region to region.

    Priority (PV) and super priority (SPV) services remain available in most locations for visitor applications."

    >>> Indefinite leave to remain if you represent an overseas business: https://www.gov.uk/guidance/indefinite-leave-to-remain-if-you-represent-an-overseas-business?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=64cf377d-4433-4252-bc17-58c08734ca43&utm_content=immediately



  • 14 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Transfering refugee status - interim notice: https://www.gov.uk/government/publications/transfering-refugee-status-interim-notice-process
  • 19 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Is it possible to renounce British nationality and get the ILR back ?

    Apparently, the answer is "yes", provided the person has or had completed 10 years continuous lawful residence in the UK, such a person may apply for ILR under the Long residence Rule.

    Time spent in the UK as a British citizen: https://www.gov.uk/government/publications/long-residence

    "Time spent in the UK as a British citizen must be counted as lawful residence. People may have spent time in the UK as a British citizen and since renounced their British citizenship. This time spent as a British citizen in the UK would still count as lawful residence for 10 year long residence applications."

    Note, though, that after successfully renouncing, the former British citizen may have no leave to remain in the UK. Hence, they are effectively overstaying. If eligible to apply for ILR under Long residence, then such a person should apply within the 14 days of overstaying to satisfy 39E and 276B(v), also providing “renouncing of British citizenship” as a good reason for applying out of time.
  • 25 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Past British citizenship not enough to save murderer from deportation: https://www.bailii.org/ew/cases/EWCA/Civ/2022/492.html

    Are you a “foreign criminal” if you were a British citizen when convicted and sentenced, but you’ve lost that citizenship by the time the Home Office decides to deport you? Yes, said the Court of Appeal in Zulfiqar v Secretary of State for the Home Department [2022] EWCA Civ 492, agreeing with the Upper Tribunal’s decision in the same case.

    >>> Afghan refugee detained for 98 days wins High Court false imprisonment appeal: https://www.bailii.org/ew/cases/EWHC/QB/2022/866.html

    Ali v The Home Office [2022] EWHC 866 (QB) is a successful appeal against the Central London County Court’s decision to dismiss the false imprisonment claim of a recognised Afghan refugee, detained for 98 days under the Detained Fast Track process in 2015.
  • 27 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Repeat applications to the EU Settlement Scheme - IMPORTANT CHANGES !

    A new mandatory refusal ground for late applicants who previously made in-time applications, page 35 of the Guidance: https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance

    "Where a person has already made an in-time application to the EU Settlement Scheme, and this application has been refused, they will not be able to make a late application to the scheme based on there being reasonable grounds for failing to meet the deadline applicable to them, as they previously met that deadline. They will not therefore be able to make a further, successful application to the scheme as they will not have reasonable grounds."

    >>> Nothing wrong with official evidence of English language test cheating, Upper Tribunal finds: https://www.bailii.org/uk/cases/UKUT/IAC/2022/112.html

    The official headnote

    1. The evidence currently being tendered on behalf of the Secretary of State in ETS cases is amply sufficient to discharge the burden of proof and so requires a response from any appellant whose test entry is attributed to a proxy.

    2. The burden of proving the fraud or dishonesty is on the Secretary of State and the standard of proof is the balance of probabilities.

    3. The burdens of proof do not switch between parties but are those assigned by law.
  • 28 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> FLR(FP) etc applications on the 10-Year route to Settlement


    According to the Home Office, the average consideration time is 11 months, and it will be getting even longer.

    Currently, there are around 76 000 outstanding FLR(FP) application at the Home Office...
  • 28 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> All priority services for applications outside the UK have been suspended due to Ukraine (including spouse) and there are delays on all applications...

    >>> Currentl it is only possible to take the IELTS language test for Students in Russia. Appicants willing to pass tests for other immigration visas (such as UK spouse visa, Skilled Worker visa etc) may need to travel overseas to pass such tests

    >>> Intended introduction of the visa penalties for the "hostile countries"

    As mentioned during the ILPA Economic Migration Conference, the Home Office is planning to introduce the so-called Visa penalties for citizens of certain countries if these countries pose a threat.

    >>> Raise minimum wage for social care workers rather than loosening visa rules, says MAC

    There should be a higher minimum wage just for social care workers rather than looser visa rules, the Migration Advisory Committee has recommended. Releasing a new MAC report on the impact of Brexit on adult social care.

    The government has previously, at the MAC’s urging, put social care workers on the Shortage Occupation List to allow them to be sponsored for Health and Care visas. The committee now recommends scrapping the Immigration Skills Charge and waiving or reducing settlement fees for some care workers, but keeping the minimum salary threshold for sponsorship at £20,480.

  • 29 April 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Interesting case-law about the possibility of bringing the children over the age of 18 into the UK as dependents: https://www.bailii.org/uk/cases/UKAITUR/2015/OA045602014.html

    NB Note that the case is unreported !

    "31.

    … If under 18 the applicant succeeds under the Rules. If over 18 an applicant must show (as the Appellant in this case did) that there is a strong dependency on her parents, such that the legitimate aim of immigration control would mean that the interference in the Appellant’s private and family life was disproportionate"

  • 02 May 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Part 9 of the UK Immigration Rules does not apply to Appendix EU (Family permit) applications.

    That means that there is no 10-year ban in case deception was used in the EUSS application to enter the UK and the applicat may re-appply again.

    Sometimes the UK Immigration Rules may be very generours...

    >>> Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) 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#:~:text=Total Ukraine Scheme visas issued to people: 86,100,-Data is as&text=Ukraine Family Scheme visas: 34,900,Ukraine Sponsorship Scheme visas: 51,300

    >>> Which is the UK Immigration Rule in relation to a child born in the UK and who is not a British citizen in case the child wants to return to the UK (and the child's parents have limited leave top remain)

    Apparently, it is para 305: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-8-family-members

  • 03 May 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Exceptional Assurance Update: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=b3b73008-4d79-48e0-80c3-a8376d17e140&utm_content=immediately

    From the UK BA:

    "If you intend to leave the UK to return to a country or territory but have not been able to do so and you have a visa, leave or ‘exceptional assurance’ that expires before 31 May 2022 you may request additional time to stay, known as ‘exceptional assurance’."

    >>> EEA and EU asylum claims: https://www.gov.uk/government/publications/eea-and-eu-asylum-claims-instruction

    Asylum policy guidance on EEA/EU asylum claims from EEA nationals

  • отредактировано 16 мая 2022
    16 May 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Can I leave the UK if I lodged a valid EUSS application ?

    The answer is "Yes", according to the Home Office: https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance

    "Travel outside the Common Travel Area

    An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided."


    >>> From the Home Office Asylum, Protection and Enforcement office:

    "‘Any person who has arrived in the UK via illegal dangerous and unnecessary methods from safe countries, since 1 January 2022 may be considered for relocation to Rwanda. This policy is one of a range of measures intended to deter migrants from putting their lives at risk, leaving safe countries. Any person who has arrived in the UK and claimed asylum prior to 1 January, or if the asylum claim is not considered inadmissible, will not be considered for relocation to Rwanda’."

  • 20 May 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> End of the AM (Zimbabwe) saga- the Tribunal returns to Article 3 medical cases

    The official headnote

    1. In Article 3 health cases two questions in relation to the initial threshold test emerge from the recent authorities of AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 and Savran v Denmark (application no. 57467/15):

    (1) Has the person (P) discharged the burden of establishing that he or she is “a seriously ill person”?
    (2) Has P adduced evidence “capable of demonstrating” that “substantial grounds have been shown for believing” that as “a seriously ill person”, he or she “would face a real risk”:
    “on account of the absence of appropriate treatment in the receiving country or the lack of access to such treatment,
    [ii] of being exposed
    [a] to a serious, rapid and irreversible decline in his or her state of health resulting in intense suffering, or
    to a significant reduction in life expectancy”?

    2. The first question is relatively straightforward issue and will generally require clear and cogent medical evidence from treating physicians in the UK.

    3. The second question is multi-layered. In relation to (2)[ii][a] above, it is insufficient for P to merely establish that his or her condition will worsen upon removal or that there would be serious and detrimental effects. What is required is “intense suffering”. The nature and extent of the evidence that is necessary will depend on the particular facts of the case. Generally speaking, whilst medical experts based in the UK may be able to assist in this assessment, many cases are likely to turn on the availability of and access to treatment in the receiving state. Such evidence is more likely to be found in reports by reputable organisations and/or clinicians and/or country experts with contemporary knowledge of or expertise in medical treatment and related country conditions in the receiving state. Clinicians directly involved in providing relevant treatment and services in the country of return and with knowledge of treatment options in the public and private sectors, are likely to be particularly helpful.

    4. It is only after the threshold test has been met and thus Article 3 is applicable, that the returning state’s obligations summarised at [130] of Savran become of relevance – see [135] of Savran.
  • 30 May 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=43d87915-5035-4e26-a4e0-434e5ce269c0&utm_content=immediately

    The expiry date for exceptional assurance has been changed from 31 May 2022 to 30 June 2022.

    >>> Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) 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

  • 01 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> The UK High Potential visa is now open


    It is a new route allowing people to live and work in the UK without needing an employer to sponsor them, vaguely resembling the former Highly Skilled Migrants Programme (HSMP). It is however restricted to people who have graduated from certain named universities in the past FIVE years.

    There are different lists of qualifying Universities depending on your year of graduation (https://www.gov.uk/government/publications/high-potential-individual-visa-global-universities-list), reflecting changes in global rankings from year to year. For people graduating in 2021/22 ONLY, the list is:

    California Institute of Technology (Caltech)

    Chinese University of Hong Kong (CUHK)

    Columbia University

    Cornell University

    Duke University

    Ecole Polytechnique Fédérale de Lausanne (EPFL Switzerland)

    ETH Zurich (Swiss Federal Institute of Technology)

    Harvard University

    Johns Hopkins University

    Karolinska Institute

    Kyoto University

    Massachusetts Institute of Technology (MIT)

    McGill University

    Nanyang Technological University (NTU)

    National University of Singapore

    New York University (NYU)

    Northwestern University

    Paris Sciences et Lettres – PSL Research University

    Peking University

    Princeton University

    Stanford University

    Tsinghua University

    University of British Columbia

    University of California, Berkeley

    University of California, Los Angeles (UCLA)

    University of California, San Diego

    University of Chicago US

    University of Hong Kong

    University of Melbourne

    University of Michigan-Ann Arbor

    University of Munich (LMU Munich)

    University of Pennsylvania

    University of Texas at Austin

    University of Tokyo

    University of Toronto

    University of Washington

    Yale University

    The person must also speak English to level B1. The resulting visa lasts two years, or three for people with PhDs.

    >>> New Regulations bring key changes of Borders Act 2022 into force on 28 June 2022

    Schedule 1 of the commencement order lists the sections that will now kick in on the 28th. They include the two-tier refugee status, inadmissibility and third country removal rules at the heart of the Act; the new or toughened criminal offences in section 40; and the power to require people who don’t need a UK visa to get an electronic travel authorisation. Schedule 1 in full:

    Provisions of the 2022 Act coming into force on 28th June 2022

    1. Section 1 (historical inability of mothers to transmit citizenship).

    2. Section 2 (historical inability of unmarried fathers to transmit citizenship).

    3. Section 4 (sections 1 and 2: related British citizenship), except to the extent that section 4K(1)(a) of the British Nationality Act 1981(1), inserted by section 4(2) of the 2022 Act, refers to section 17H of the British Nationality Act 1981.

    4. Section 5 (period for registration of person born outside the British overseas territories).

    5. Section 6 (disapplication of historical registration requirements).

    6. Section 7 (citizenship where mother married to someone other than natural father).

    7. Section 8 (citizenship: registration in special cases).

    8. Section 9 (requirements for naturalisation etc) and Schedule 1 (waiver of requirement of presence in UK etc), except for paragraph 3(4)(d) of that Schedule.

    9. Section 11 (citizenship: stateless minors).

    10. Section 12 (differential treatment of refugees).

    11. Section 13(1) and (3) (accommodation for asylum seekers etc).

    12. Section 14(1), (2), (6) and (7) (requirement to make asylum claim at “designated place”), so far as not already in force.

    13. Section 14(3) and (5), for the purposes of section 15 (asylum claims by EU nationals: inadmissibility) and section 16 (asylum claims by persons with connection to safe third State: inadmissibility).

    14. Section 15 (asylum claims by EU nationals: inadmissibility).

    15. Section 16 (asylum claims by persons with connection to safe third State: inadmissibility).

    16. Section 17 (clarification of basis for support where asylum claim inadmissible).

    17. Section 29 (removal of asylum seeker to safe third country), so far as not already in force, and paragraphs 1 to 4 of Schedule 4.

    18. Section 30(3) (interpretation of Refugee Convention).

    19. Section 37 (Article 31(1): immunity from penalties).

    20. Section 40 (illegal entry and similar offences), save in so far as it relates to the insertion of section 24(E1) into the 1971 Act.

    21. Section 41 (assisting unlawful immigration or asylum seeker).

    22. Section 45 and Schedule 7 (maritime enforcement).

    23. Section 46(6) (amendment to section 10(10) of the Immigration and Asylum Act 1999).

    24. Section 47 (prisoners liable to removal from the United Kingdom) and Schedule 8 (prisoners returning to the UK: modifications of Criminal Justice Act 2003).

    25. Section 48 (matters relevant to decisions relating to immigration bail).

    26. Section 75 (electronic travel authorisations).

    27. Section 77 (Special Immigration Appeals Commission).

    28. Section 79 (references to justices of the peace in relation to Northern Ireland).

    29. Section 82 (pre-consolidation amendments of immigration legislation), so far as not already in force.

    There are some transitional provisions in Schedule 2. Importantly, section 12 on “differential treatment of refugees” does not apply to anyone who lodges their claim before 28 June. So those who get their claim in before the axe falls should, if successful, be entitled to proper refugee status rather than at risk of being put in Group 2 and getting “temporary refugee permission”.

    >>>
  • 14 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> New Home Office EUSS Zambrano Guidance

    From yesterday, for a period of six weeks until 25 July 2022, people will be able to apply or re-apply to the EUSS as a ‘person with a Zambrano right to reside’ and be deemed to have reasonable grounds for having missed the deadline to apply, which was 30 June 2021.

    Where a person applies after 25 July 2022, they will need to show there are reasonable grounds why they missed the 30 June 2021 deadline. You can find non-exhaustive examples of such grounds at www.gov.uk/settled-status-eu-citizens-families/eligibility.

    >>> Foreign convictions in deportation appeals: https://www.bailii.org/ew/cases/EWCA/Civ/2022/779.html

    When the Home Office is deporting someone for being convicted of a criminal offence, does it matter what country that conviction is from?

    In practice, probably not. This seems to be the effect of the Court of Appeal’s decision in Gosturani v Secretary of State for the Home Department [2022] EWCA Civ 779.

    This is because the public interest in deportation remains the same, regardless of whether the conviction is from the UK or abroad.

  • 20 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Visa processing times

    From the Home Office:

    "UK Visas and Immigration (UKVI) is currently prioritising applications made under the Ukraine Visa Scheme in response to the humanitarian crisis arising from the invasion of Ukraine.

    The customer service standard on visa processing times for out of country applications is generally 3 weeks. Currently these processing times are taking longer.

    Visit visas – average of 6 weeks
    Student visas – average of 5 weeks
    Work visas – average of 6 weeks

    These revised processing times are a global average, and we recognise that timescales may vary from region to region. Information has been updated on the Visa decision waiting times GOV.UK page and information will be provided to customers on their customer visa journey.

    ‘Priority’ (PV) and ‘Super Priority’ (SPV) visa services continue to be temporarily suspended for new study, work and family visa applications but are still available for visitor visa applications in some locations and purchased via the commercial partner website."

    >>> Ukrainian support

    From the Home Office:

    The Home Office continues to support Ukrainian nationals and their family members. We are working at pace to process visa applications as quickly as possible.

    Additional to Ukraine Visa routes available:

    Immigration ID check app for the Ukraine Sponsorship Scheme launched on 18 May. This will allow holders of valid Ukrainian international passports to use the Immigration ID check app to verify their identity for Ukraine Sponsorship Scheme applications. This offers a fully digital service, with successful applications receiving a digital status for 36 months. Using the Immigration ID check app also means that these individuals would not need to give their biometrics in the UK using the Complete my Status process.

    >>> Apply to come to the UK - a handy GOV.UK link which gives a quick 4 step process on how to apply for a visa: https://www.gov.uk/apply-to-come-to-the-uk
  • 28 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Challenge to “deport first, appeal later” process rejected: https://www.bailii.org/uk/cases/UKUT/IAC/2022/156.html

    The Upper Tribunal has rejected a challenge to the Article 8 compliance of the “deport first, appeal later” system despite previously having ordered the Home Office to bring the claimant back to the UK to ensure he had an effective appeal. The case is R (Watson) (s. 94B process; s. 25 powers) v Secretary of State for the Home Department [2022] UKUT 156 (IAC).

    >>> Detailed policy on differential treatment of refugees announced: https://www.gov.uk/government/publications/permission-to-stay-on-a-protection-route-caseworker-guidance

    The government has announced the details of its much-trailed policy of treating some refugees differently to others based on their mode of arrival in the United Kingdom. The Home Office refers to this as “differentiation” but the word “discrimination” easily comes to mind.

    The changes are being made today because section 12 and other related sections of the Nationality and Borders Act 2022 come into force for asylum claims made on or after 28 June 2022. Some refugees will now receive what is being called “temporary refugee permission to stay” (as opposed to “refugee permission to stay”).
  • 30 June 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Guidance on fee waivers (free applications) for entry clearance applications: https://www.gov.uk/government/publications/affordability-fee-waiver-overseas-human-rights-based-applications-article-8

    The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families.

    The guidance emphasises that the test is affordability, and whether the applicant and their sponsor “do not have sufficient funds at their disposal, after meeting their essential living needs, to pay the fee”.

    Who can qualify for a fee waiver?

    This fee waiver is only available to those who are applying to come to the UK on the basis of their right to family or private life under Article 8 of the European Convention on Human Rights. The guidance says, in bold, that

    "Applicants will only be granted a fee waiver on the basis of their Article 8 ECHR rights in cases where the underlying human rights claim on which they rely forms a substantive basis of their application."

    They must be applying under one of the following routes:

    1. Paragraphs 276U and 276AA (partner or child of a member of HM Forces)

    2. Paragraphs 276AD and 276AG (partner or child of a member of HM Forces) where the sponsor:

    is a foreign or Commonwealth member of HM Forces
    has at least 4 years’ reckonable service in HM Forces at the date of application

    3. Part 8 of the immigration rules (family members) where the sponsor:

    is present and settled in the UK, but not under paragraphs 319AA to 319J (points-based system (PBS) dependents), paragraphs (281-283), (sponsor granted settlement as a PBS Migrant)

    has refugee or humanitarian protection status in the UK

    4. Part 4 or Part 7 of Appendix Armed Forces (partner or child of a member of HM Forces) where:

    the sponsor is a British citizen or has at least 4 years’ reckonable service in HM Forces at the date of application

    5. Appendix FM (family members)

    As with in-country fee waivers, it is possible to also request the waiver for some or all dependants, as well as the main applicant. What is not possible is paying part of the application fee and having the rest waived. So if someone cannot afford the entire fee, then it should be waived in full. It is however possible to get a fee waiver in respect of the Immigration Health Surcharge only, if the person can afford the fee but not the IHS.

    The guidance explicitly states that the outcome of a fee waiver application is not a barrier to entry to the UK. That’s important because some people may worry that making such an application could in itself, affect their entry clearance application. In principle, they are completely separate.
  • 04 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) 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: 168,600
    Data is as of 28 June 2022 and comprised of:

    Ukraine Family Scheme: 50,800
    Ukraine Sponsorship Scheme: 117,800

    ...The number of applications awaiting conclusion as at 28 June 2022 was 20,700. This included applications at various stages of the caseworking process and differing levels of complexity...
  • 13 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Closure of Rzeszow visa application centre (VAC)

    The temporary VAC in Rzeszow, Poland - which was set up to deal exclusively with Ukraine Scheme visa applications - is closing on 22 July 2022. Customers who have an outstanding visa application submitted through the VAC in Rzeszow will be advised of the closure including where to collect their passports.
     
    Ukrainian nationals with a valid passport applying under the Ukraine Visa Schemes can complete their application online using the UK Immigration: ID check app without the need to attend a VAC.
     
    Home Office commercial partner, TLS, manages VAC appointment bookings.
    VACs are currently operating throughout Europe including in:

    Budapest, Hungary
    Chisinau, Moldova
    Warsaw, Poland
    Bucharest, Romania
    Paris, France


    >>> Relocation of Warsaw visa application centre

    The Warsaw visa application centre in Poland is moving to new premises on 11 July 2022.
     
    New address: Business Garden Business Centre - Żwirki I Wigury 16A, 2nd floor, 02092, Warsaw
     
    TLS, is notifying customers in the following ways:
    updating the TLScontact Website
    updating social media platforms
    emailing customers with appointments booked from 11 July 2022
    posting a notice on the door of the old location

    >>> Family and Private Life 10-year Settlement Route

    On 20 June 2022, the Settlement and Private Life immigration rules changed.

    All applications on or after this date will be assessed against these new immigration rules.
     
    The Appendix Private Life  and Appendix Settlement Family Life applies to all applications made on or after 20 June 2022.
  • 18 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Can the financial bonds be considered as savings ?

    The answer is YES, but only IF it can be shown that the bonds were owned for more than six months from the date of submission of the application and transferred to the bank account prior to the submission. See the case of https://www.bailii.org/uk/cases/UKAITUR/2015/OA065242014.html

    >>> Important Changes to Priority Visa Services offered by UKVI from 15 July: https://visa.vfsglobal.com/usa/en/gbr/news/important-changes-to-priority-visa-services-offered-by-ukvi-from-15-july

    UKVI have made changes to the availability of Priority Services (PV) for new visit visa applications. From 15 July, the volume of PV appointments will be reduced to enable UKVI to process more standard applications and gradually reduce the overall processing time for all customers. Appointment availability for Super Priority services (SPV) for new visit applications will not be reduced.

    Please note that PV appointments for new visit visa applications must be purchased online during the appointment booking process and cannot be purchased in the Visa Application Centre or retrospectively. SPV appointments can be purchased online during the appointment booking process.

    Priority and super priority services for new study, work, and family applications continue to be suspended. UKVI continue to monitor this, and updates will be provided once these services are ready to be resumed.

    For more information on priority visa services please visit: Get a faster decision on your visa or settlement application: Applying from outside the UK – GOV.UK (www.gov.uk)

    For more information on current visa processing times please visit: Visa decision waiting times: applications outside the UK – GOV.UK (www.gov.uk)

    >>> Apply for a visa under the Ukraine Sponsorship Scheme: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=655d0dd6-0cfc-4b61-855a-bea98ecb4855&utm_content=immediately

    Updated the guidance to include booking biometrics appointments for family groups. Also updated to include the pause in the Welsh and Scottish super sponsor arrangements and a new added section about unaccompanied minors. Average processing times for visit visas and work and invest visas updated.  Additionally, other general improvements added to help navigate the guidance.

    "If your child applied without a parent or legal guardian, or did not apply to join them in the UK

    If your child has already applied under the Homes for Ukraine Scheme, they will not have received a decision because they did not apply with their parent or legal guardian or to join their parent or legal guardian.

    Now, their application will be assessed. To be eligible, you must have:

    - proof of consent by their parent or legal guardian notarised or certified by the Guardianship service of the city/regional council in Ukraine; or, where the applicant is outside Ukraine, notary authorities or a Ukrainian consul.

    - proof of consent from their parent or legal guardianship to the sponsorship arrangement

    - a commitment to sponsorship for 3 years or until the child turns 18 (so long as the sponsorship lasts at least 6 months)

    - approval of the sponsorship arrangement by the local authority where the child will live.

    If your child has already applied, you will receive a letter with instructions on what to do next.

    Children who have not yet applied without a parent or legal guardian will be able to do so soon. We will publish guidance about this in due course."

    The Home Office has now also clarified that "Your UK-based sponsor does not need to register with the Homes for Ukraine Scheme if you’re already in contact with them."

    >>> Visa decision waiting times: applications outside the UK: https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=c065e088-5302-4763-bfd9-d9db035c41be&utm_content=immediately

    Check how quickly you’ll receive a decision on your UK visa application if you are applying from outside the UK.

  • 25 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Ukraine Family Scheme and 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

    Title and summary text has been updated to make it clear the data now includes figures from the Visa Extension Scheme. Also updated with the latest data.

    Total Ukraine Scheme visa applications received: 194,700

    Data is as of 19 July 2022 and comprised of:

    Ukraine Family Scheme: 53,700
    Ukraine Sponsorship Scheme: 141,000
    Total Ukraine Scheme visas issued to people: 162,000
    Data is as of 19 July 2022 and comprised of:

    Ukraine Family Scheme visas: 46,600
    Ukraine Sponsorship Scheme visas: 115,400

    Total arrivals of Ukraine Scheme visa-holders in the UK: 99,700
    Data is as of 18 July 2022 and comprised of:

    arrivals via Ukraine Family Scheme: 30,500
    arrivals via Ukraine Sponsorship Scheme: 69,300
    Total Ukraine permissions to extend stay in the UK: 15,500

    >>> Visa processing times - updated

    UK Visas and Immigration (UKVI) is currently prioritising applications made under the Ukraine Visa Scheme in response to the humanitarian crisis arising from the invasion of Ukraine.
     
    The customer service standard on standard visa processing times for out of country applications is generally 3 weeks. Currently these processing times are taking longer.
     
    Visit visas are taking an average of 7 weeks - this was previously an average of 6 weeks
    Work visas are taking an average of 4 weeks – this was previously an average of 5 weeks
    Standard Student visa is currently within the normal service standard of 3 weeks
    Applications for family visas remains at 24 weeks
     
    These revised processing times are a global average, and we recognise that timescales may vary from region to region. Information has been updated on the Visa decision waiting times GOV.UK page and information will be provided throughout the customer visa journey.
  • 26 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> New law significantly expands possibilities for claiming British citizenship through a grandparent

    Section 4L of the British Nationality Act 1981 was brought into force on 28 June 2022, alongside the publication of an application form and guidance for applicants and separate guidance for caseworkers at the Home Office. It was inserted into the 1981 legislation by section 8 of the Nationality and Borders Act 2022. It says:

    "Acquisition by registration: special circumstances

    (1) If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for—

    (a) historical legislative unfairness,

    (b) an act or omission of a public authority, or

    (c) exceptional circumstances relating to P.

    (2) For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—

    (a) treated males and females equally,

    (b) treated children of unmarried couples in the same way as children of married couples, or

    (c) treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.

    (3) In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

    (4) In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.”"

    Registration will make the person a British citizen “otherwise than by descent”.


  • 01 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine): https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=35ba40d3-b47b-4518-9db7-4096aebbe07d&utm_content=immediately

    Removed this paragraph as the super sponsor schemes have been paused: ‘If your sponsor will be the Scottish or Welsh Government, you must fill in the form yourself. You’ll be asked if you’re being sponsored by an organisation. Choose the ‘organisation option’ and select which government will be your sponsor from the list.’ Also updated to indicate that the temporary VAC in Rzeszow has now closed.

    >>> 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: 198,200
    Data is as of 26 July 2022 and comprised of:

    Ukraine Family Scheme: 55,000
    Ukraine Sponsorship Scheme: 143,200
    Total Ukraine Scheme visas issued to people: 166,200
    Data is as of 26 July 2022 and comprised of:

    Ukraine Family Scheme visas: 47,200
    Ukraine Sponsorship Scheme visas: 119,000

    Total arrivals of Ukraine Scheme visa-holders in the UK: 104,000
    Data is as of 25 July 2022 and comprised of:

    arrivals via Ukraine Family Scheme: 31,300
    arrivals via Ukraine Sponsorship Scheme: 72,700
    Total Ukraine permissions to extend stay in the UK: 15,900

    >>> Country policy and information note: security situation, Ukraine, June 2022: https://www.gov.uk/government/publications/ukraine-country-policy-and-information-notes/country-policy-and-information-note-security-situation-ukraine-june-2022-accessible

    https://www.gov.uk/government/publications/ukraine-country-policy-and-information-notes/country-policy-and-information-note-security-situation-ukraine-june-2022-accessible

    >>> New Plan for Immigration: legal migration and border control: https://www.gov.uk/government/publications/new-plan-for-immigration-legal-migration-and-border-control-strategy/new-plan-for-immigration-legal-migration-and-border-control-accessible

    This strategy statement sets out the Home Office’s ambition for transformational change for everyone using their systems and crossing the UK border.
  • 15 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> New Upper Tribunal Reported Decisions on Family Members and Withdrawal Agreement

    The Upper Tribunal has two new reported decisions: Batool on extended family members, and Celik on durable partners, both of whom are found to have no substantive rights under the EU Withdrawal Agreement unless they were being facilitated by the United Kingdom before 11pm GMT on 31 December 2020 and had applied for facilitation before that time.

    The headnotes are as follows:

    Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC)

    (1)      An extended (oka other) family member whose entry and residence was not being facilitated by the United Kingdom before 11pm GMT on 31 December 2020 and who had not applied for facilitation of entry and residence before that time, cannot rely upon the Withdrawal Agreement or the immigration rules in order to succeed in an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
     
    (2)      Such a person has no right to have any application they have made for settlement as a family member treated as an application for facilitation and residence as an extended/other family member.

    Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)

    (1)      A person (P) in a durable relationship in the United Kingdom with an EU citizen has as such no substantive rights under the EU Withdrawal Agreement, unless P’s entry and residence were being facilitated before 11pm GMT on 31 December 2020 or P had applied for such facilitation before that time.
     
    (2)      Where P has no such substantive right, P cannot invoke the concept of proportionality in Article 18.1(r) of the Withdrawal Agreement or the principle of fairness, in order to succeed in an appeal under the Immigration (Citizens’ Rights) (EU Exit) Regulations 2020 (“the 2020 Regulations”). That includes the situation where it is likely that P would have been able to secure a date to marry the EU citizen before the time mentioned in paragraph (1) above, but for the Covid-19 pandemic.
     
    (3)      Regulation 9(4) of the 2020 Regulations confers a power on the First-tier Tribunal to consider a human rights ground of appeal, subject to the prohibition imposed by regulation 9(5) upon the Tribunal considering a new matter without the consent of the Secretary of State.

  • 16 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

    >>> Home Office Update Re: Sole Representative of an Overseas Business Visa Processing Delays

    From the UK BA:

    "With regards to the delay in processing Sole Representative applications, following the announcement of the closure of this route, we have received record volumes of applications at the same time as coinciding with the displacement of all staff who consider the cases to supporting the Ukrainian refugee crisis. This has meant that in this particular route, decision making times have extended beyond the averages across the wider Work Command.
     
    More resource is being brought in to handle the applications and conclude all those outstanding as soon as we can.".
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