UK & EEA Immigration Lawyer & Advocate

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Тема: Важные судебные решения и полезная информация

  1. #81
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    <ВИР> Другие правила по категории Unmarried Partners для беженцев

    Другие правила по категории Unmarried Partners для беженцев.

    Суд (UK UT) постановил, что на беженцев распостраняются "другие" понятия/правила в отношении привоза партнеров по категории unmarried partners:

    Fetle (Partners: two year requirement) [2014] UKUT 00267 (IAC)

    Concerns Refugee Family Reunion applications with unmarried partners

    In contrast to the requirement of para GEN 1.2(iv) of Appendix FM, a requirement (such as in paragraph 352AA of the Immigration Rules) that “parties have been living together in a relationship akin to either a marriage or a civil partnership which has subsisted for two years or more” does not require two years cohabitation, but two years subsistence of the relationship. Whether the relationship still subsists, as required by the tense of that requirement and as may be separately required, is a different issue.<>

  2. #82
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    <ВИР> Statement of changes in Immigration Rules 10 July 2014

    Statement of changes in Immigration Rules 10 July 2014

    These changes will implement restrictions on the ability of those already present in the UK as a Tier 4 (Student) or Tier 1 (Post Study Work) migrant to make an in-country application for an extension of stay as a Tier 1 (Entrepreneur).
    https://www.gov.uk/government/upload...137/hc-532.pdf

  3. #83
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    <ВИР> Иммиграционный дайджест 08.14

    The NHS has released its implementation plan for migrant costs recovery, available here: Visitor & Migrant NHS Cost Recovery Programme Implementation Plan 2014–16: https://www.gov.uk/government/upload...an_Phase_3.PDF

    The English language test for long term residents of a country listed by the Home Office as having no approved A1 English test is withdrawn: https://www.gov.uk/government/upload..._exemption.pdf

    The Immigration Act 2014 (Commencement No. 2) Order 2014, SI 2014/1943 (C. 89), 28 July 2014 deals with the opening of current bank accounts for persons under immigration control. Into effect 12 December 2014. Bankers are clearly considered deserving of more notice than lawyers :http://www.legislation.gov.uk/ukdsi/2014/9780111119105

    Interesting letter by the Minister to Lord Taylor, identifying two new scenarios in which an application could succeed under the Adult Dependent Relatives route: http://www.legalcentre.org/files/ADDREL.pdf

  4. #84
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    <ВИР>Изменения в отношении нелегалов, желающих снять жилье

    Изменения в Законе с 01-12-2014 в отношении нелегалов, желающих снять жилье

    Собственно говоря:

    Immigration Act 2014: residential tenancies and Draft Code of Practice on Illegal Immigrants and privately rented accommodation: civil penalty scheme for landlords and their agents and "right to rent tool", 3 September 2014


    The scheme under Part 3, chapter 1 of the Immigration Act 2014 is to be implemented first in Birmingham, Wolverhampton, Dudley, Walsall and Sandwell. The new measures will commence from 1 December.

    https://www.gov.uk/government/upload...f_Practice.pdf

  5. #85
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    <ВИР> Immigration Digest 09/14

    <ВИР> Immigration Digest 09/14

    UK BA about Child Investors

    Q: “…according to the Bank, the child cannot hold an investment portfolio legally at the age of 16 and therefore the portfolio must be set up in the name of the parent and the child, unless the child is 18 years of age.

    The Tier 1 guidance does not on the face of it allow this…is there any way around this?”.

    UK BA:

    “There is not any obvious way around this. It is an ongoing requirement of the Immigration Rules that the funds and investment must be wholly under the applicant’s control. A portfolio set up in their parent’s name would not meet this requirement. While the child may turn 18 before they need to apply for an extension, the requirement is an ongoing one and a caseworker at extension will look back at the whole history to establish that the investment has been maintained continuously. Technically, they would also be liable to curtailment while the funds are not invested solely under their control.

    We are looking at the wider issue here. We do emphasise the control of funds/investment point as much as we can already. However, if it is the case that those under 18 cannot invest in the permitted forms of investment in the UK, this may argue for raising the qualifying age to 18. But it is not clear that the same rules apply in Scotland (where, for example, you can enter a legally binding contract at age 16) as in the rest of the UK.”.

    UK BA and Landlords

    The government has announced the area: Birmingham, Wolverhampton, Dudley, Walsall and Sandwell and the date: 1 December 2014 where it will start to implement Part 3 Chapter 1 of the Immigration Act 2014, the provisions on residential tenancies. It has also produced a draft code of practice and a “right to rent tool” that landlords and landladies allegedly will use (instead of just renting to some nice chap with a British passport): https://www.gov.uk/government/upload...f_Practice.pdf

    Long Residence guidance

    From 28 July, the guidance on the 10-year private life route (which was previously combined with the guidance on long residence) is at: https://www.gov.uk/government/upload...s_guidance.pdf

    UK BA on a fiancé(e) travelling on honeymoon before applying for a spouse visa:
    UK BA: “A spouse or civil partner can re-enter the UK following a honeymoon abroad during the remaining validity of their entry clearance as a fiancé(e)/PCP if they can satisfy the IO, in the light of the change in their marital/CP status (which they should evidence with a copy of the marriage/CP certificate), of their intention, within the remaining validity of that entry clearance, to regularise their status in the UK as a spouse/CP.”.

    Tier 2 and Tier 5 Guidance for Sponsors

    UK Visas and Immigration, Home Office, Tier 2 and 5 of the Points Based System - Guidance for Sponsors for applications made on or after 4 September 2014
    https://www.gov.uk/government/upload...ance_09-14.pdf

    House of Commons Library Standard Note 12 September 2014: Unemployment by ethnic background:

    http://www.parliament.uk/business/pu...nic-background

    Upper Tribunal (Immigration and Asylum Chamber) (Family Court proceedings-outcome) Mohammed v Secretary of State for the Home Department [2014] UKUT 00419 (IAC) 21 July 2014

    Whilst it may be that in the Family Court jurisdiction prior to the coming into force on 22 April 2014 of the Children and Families Act 2014 there was always the possibility of a parent making a fresh application relating to contact, there is nothing in the guidance given in RS (Immigration and Family Court) India [2012] UKUT 00218 (IAC) (which was approved by the Court of Appeal inMohan v Secretary of State for the Home Department [2012] EWCA Civ 1363) that supports the notion that the mere possibility of such an application being made (or pursued) is a relevant criterion in the case of an immigration appeal when deciding whether to adjourn an appeal or to direct a grant of discretionary leave in order for such proceedings to be pursued. The guidance is concerned with whether there is a realistic prospect of the Family Court making a decision that will have a material impact on the relationship between a child and the parent facing immigration measures such as deportation.

  6. #86
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    <ВИР> Immigration Digest 09_2/14

    Immigration Directorate Instructions Chapter 13: criminality guidance in Article 8 ECHR cases, 28 July 2014
    https://www.gov.uk/government/public...e-8-echr-cases

    Immigration Act 2014: residential tenancies and Draft Code of Practice on Illegal Immigrants and privately rented accommodation: civil penalty scheme for landlords and their agents and "right to rent tool", 3 September 2014
    https://www.gov.uk/government/upload...f_Practice.pdf
    Right to Rent Tool: https://eforms.homeoffice.gov.uk/out...plication.ofml

    Powers of Immigration Officers: Criminal investigation guidance: powers under Crime & Courts Act 2013 [s 55], Modernised Guidance, 15 August 2014
    https://www.gov.uk/government/upload...r_v3.0_EXT.pdf

    Transparency data from Home Office for Border Force and for Migration, 28 August 2014

    Positively Orwellian title. Obscured behind the word "transparency" you have "transparency" data on
    • Asylum
    • Border Force
    • Customer Service Operations
    • Historical interest
    • International Operations
    • Sponsorship
    • Temporary Permanent Migration


    UK Visas and Immigration Home page on gov.uk
    https://www.gov.uk/government/organi...nd-immigration

    Long Residence Guidance has been moved to: https://www.gov.uk/government/upload...s_guidance.pdf

    Home Office Travel document interview process and prosecution under section 35 version 3.0 valid from 3 September 2014
    Modernised guidance for how UK Visas and Immigration refers cases for prosecution under the asylum and immigration act 2004.
    https://www.gov.uk/government/public...der-section-35

    New guidance on general grounds for refusal, 27 August 2014
    • Refusal and Refusal wording
    • Considering leave to remain
    • Considering Entry Clearance

    https://www.gov.uk/government/public...ntry-clearance
    https://www.gov.uk/government/public...eave-to-remain
    https://www.gov.uk/government/public...efusal-wording

    UK Visas and Immigration: Criminal Investigation Guidance for Witness Summons, Modernised Guidance version 1, 21 August 2014
    Stated to be based on the Criminal Procedure Rules 2013, "This guidance tells criminal investigators in immigration enforcement investigation teams what a witness summons is and how they can apply for one"
    https://www.gov.uk/government/public...itness-summons

    Conditional cautions with foreign offender conditions, version 6 of 31 July with an 18 August 2014 update (unspecified)
    https://www.gov.uk/government/public...eign-offenders

    From the UK BA: Fiancés and PCPs may travel on honeymoon without first having to apply for leave to remain as a spouse.
    “A spouse or civil partner can re-enter the UK following a honeymoon abroad during the remaining validity of their entry clearance as a fiancé(e)/PCP if they can satisfy the IO, in the light of the change in their marital/CP status (which they should evidence with a copy of the marriage/CP certificate), of their intention, within the remaining validity of that entry clearance, to regularise their status in the UK as a spouse/CP.”.

    MG (prison-Article 28(3) (a) of Citizens Directive) Portugal [2014] UKUT 00392 (IAC)

    (1) Article 28(3)(a) of Directive 2004/38/EC contains the requirement that for those who have resided in the host member state for the previous 10 years, an expulsion
    decision made against them must be based upon imperative grounds of public security.
    (2) There is a tension in the judgment of the Court of Justice of the European Communities in Case C-400/12 Secretary of State v MG in respect of the meaning of
    the “enhanced protection” provision.
    (3) The judgment should be understood as meaning that a period of imprisonment during those 10 years does not necessarily prevent a person from qualifying for
    enhanced protection if that person is sufficiently integrated. However, according to the same judgment, a period of imprisonment must have a negative impact in so far
    as establishing integration is concerned.

  7. #87
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    <ВИР> Immigration Digest 10/14

    Immigration Digest 10/14

    • UK BA Modernized Guidance on Appeals from 20 October 2014: https://www.gov.uk/government/collec...nised-guidance

    • UK BA Guidance on application from Overstayers: https://www.gov.uk/government/public...-family-routes

    • Tier 2 Priority service form to extend a visa as a dependant of someone who is switching into or extending into Tier 2, UK Visas and Immigration 23 October 2014 - https://www.gov.uk/government/upload...Form_09-14.pdf

    • New UK BA visa and Nationality Fees: https://www.gov.uk/government/upload...October_v1.pdf

    • Section 65 of the Immigration Act 2014 – Children of British citizen fathers - https://www.gov.uk/government/public...ritish-citizen

    • The longest time the UK BA kept the detainee in detention was 1609 days

    R (on the application of Hoomragh Chua) v Secretary of State for the Home Department IJR [2014] UKUT 00440(IAC) This was an article 8 case described by the judge as “completely hopeless”. The claimant had amassed 13 years of residence in the UK, the vast majority of which was as an overstayer. He had private life ties with siblings and nieces and nephews, but no family life in the UK. There was no evidence that the claimant did not have ties in his home country of Mauritius. Judicial review was refused.

  8. #88
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    <ВИР> NHS charges for overseas visitors - from 29/10/2014

    NHS charges for overseas visitors - from 29/10/2014

    http://www.parliament.uk/business/pu...rseas-visitors

  9. #89
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    <ВИР> Обновился Guidance для 3-з категорий Tier 1

    Обновился Guidance для 3-з категорий Tier 1

    New Tier 1 Guidance:

    Tier 1 Entrepreneur:
    https://www.gov.uk/government/upload...ance_06_11.pdf

    Tier 1 (Graduate Entrepreneur):
    https://www.gov.uk/government/upload...ance_06_11.pdf

    Tier 1 (Investor):
    https://www.gov.uk/government/upload...ance_06_11.pdf

  10. #90
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    <ВИР> Иммиграционный дайджест 11/14

    Visas and immigration operational guidance – Chapter 08: appendix FM family members (immigration directorate instructions)
    https://www.gov.uk/government/upload...ent_Routes.pdf
    Creating a CoS: guide for business sponsors: SMS guide 8a

    https://www.gov.uk/government/upload..._CoS_11_14.pdf
    Judgment of the Court of Justice in the European Union (CJEU) in Tumer C 311/13, Request for a preliminary ruling under Article 267 TFEU from the Centrale Raad van Beroep (Netherlands) 5 November 2014

    The court holds that irregular migrants can invoke the protection of EU employment law.

    New Tier 1 Guidance:

    Tier 1 Entrepreneur:
    https://www.gov.uk/government/upload...ance_06_11.pdf

    Tier 1 (Graduate Entrepreneur):
    https://www.gov.uk/government/upload...ance_06_11.pdf

    Tier 1 (Investor):
    https://www.gov.uk/government/upload...ance_06_11.pdf

    New Tier 2 Guidance: Tier 2: https://www.gov.uk/government/upload..._CoS_11_14.pdf

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