20 November 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org - Ph: 0330 001 0342 or 07791145923

>>> Entry Clearance – Settlement Visa to enter the UK granted yet expires before the migrant travels to the UK. Options ?

Should the above happen, that is, the Entry Clearance – Settlement Visa to enter the UK is granted yet expires before the migrant travels to the UK, the migrant then can use the “Vignette Transfer” option on the UK BA web-site to re-instate the “lapsed” Settlement Entry Clearance Visa. The current UK BA fee for this Vignette Transfer application is £169.00.

>>> Supreme Court rejects a right to contribution-based benefits for Zambrano carers : https://www.supremecourt.uk/cases/do...5-judgment.pdf

In R (HC) v Secretary of State for Work and Pensions [2017] UKSC 73 the Supreme Court decided that Zambrano carers are not eligible to contribution-based benefits which have a “right to reside” test. The benefits affected by the decision are income support, child benefit, child tax credits, and housing and homelessness assistance. The decision, while no doubt correct in law, leaves behind a broken system.

>>> Northern Irish tribunal finds against Home Office on dual nationality : https://www.irishtimes.com/news/soci...tish-1.3288670

A woman from Northern Ireland who refuses to identify as British in order to facilitate her husband’s immigration application has succeeded in her First-tier Tribunal challenge against the refusal of a residence card.

The Home Office had told Emma DeSouza, who is from Magherafelt and holds an Irish passport, that as a British citizen she could not use more generous EU free movement laws to sponsor her American husband Jake DeSouza. The essence of the tribunal decision in the couple’s favour is that, due to the Good Friday Agreement, people from Northern Ireland can be Irish citizens only and so eligible to use the more liberal EU sponsorship rules. As mentioned in our latest media round-up, the case has already been reported in the Irish press.

It had been the position of the Home Office that people from Northern Ireland who hold Irish citizenship are also British. As such, they were not allowed to use their Irish citizenship as a back door to family reunion.

>>> High Court: potential homelessness not a justification for detention : http://www.bailii.org/ew/cases/EWHC/...2017/2797.html

The High Court in R (MS) v Secretary of State for the Home Department [2017] EWHC 2797 (Admin) has found that in circumstances where a person would have no option but to stay on the streets after release from detention, the Home Office has a duty under Article 3 of the European Convention on Human Rights to provide them with suitable bail accommodation with reasonable speed. Potential homelessness cannot be a reason for prolonged detention.

>>> The current UK BA Good Character Requirement in relation to the Naturalization applications can be found here : https://www.gov.uk/government/public...olicy-guidance

>>> The “hostile environment” seeps into criminal trials: defendants must state nationality or face prison : http://www.legislation.gov.uk/uksi/2...article/3/made

From this week, defendants in the criminal courts must state their nationality. Anyone who fails to do so can be jailed for up to a year.