UK & EEA Immigration Lawyer & Advocate

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Тема: Новости UK & EEA Immigration Law от Legal Centre, 07791145923

  1. #221
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    23 January 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> So you are chaning your Tier 2 employer ? You may need to:

    Your new employer will need to assign you with an unrestricted CoS in order for you to make a Change of Employment application. However, your new employer will probably first have to have run a resident labour market test (RLMT) before assigning the CoS, unless an RLMT exception applies.

    The Tier 2 application can then be submitted online here:

    https://visas-immigration.service.go.../tier2-general

    You will have to pay the application fee. It appears you will also have to pay the IHS fee again – which is due to increase to £400 per year tomorrow. You should though get a refund on the IHS.

    There is some reference to Change of Employment applications in the Tier 2 guidance here: https://assets.publishing.service.go...2018_final.pdf

    and in the Tier 2/5 SG here:

    https://assets.publishing.service.go...ce_11_2018.pdf

    >>> UKVI guidance: EU Settlement Scheme: apply for an administrative review: https://www.gov.uk/guidance/eu-settl...tent=immediate

    How to apply for an administrative review under the EU Settlement Scheme.

    Added information that applications for administrative review must be made from inside the UK

    >>> Unlawful entrants can’t rely on domestic violence concession: https://www.bailii.org/ew/cases/EWHC...2018/3475.html

    The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now made clear that this concession only applies to those who are already on the route to settlement as a partner in the case of FA v Secretary of State for the Home Department [2018] EWHC 3475.

    >>> Settled status fee for EU citizens scrapped: https://www.gov.uk/government/speech...1-january-2019

    The Prime Minister has announced that the £65 fee for EU citizens applying for post-Brexit settled status will be scrapped.

    >>> UKVI Guidance: Short-term students: https://www.gov.uk/government/public...tent=immediate

    Guidance on how short-term student applications for entry clearance or leave to enter are considered.

  2. #222
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    25 January 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UKVI Guidance: Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes: https://www.gov.uk/government/public...tent=immediate

    The updated Guidance on how the UK Visas and Immigration staff consider claims on the basis of family life or on the basis of private life, on a 10-year route to settlement

  3. #223
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    29 January 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Is it possible to switch from Tier5 intoto Tier2 in-country?

    Yes, it is possible under the para 245HD.(b)(i):

    (4) a Tier 5 (Temporary Worker) Migrant...

    But it is NOT possible for the Tier 5 (Youth Mobility Scheme) Temporary Migrants.

    >>> Can a PBS dependent apply for ILR independently from the main PBS applicant ?

    The answer is usually "No", because the PBS dependent needs to satisfy the Para 319E, including

    (b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

    (i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
    (ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
    (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

    >>> Can a migrant who used deception in the past under the Tier 1 and Tier 4 routes apply for ILR under the Appendix FM ?

    For example, an applicant was refused visas under the Tier 1 and Tier 4 immigration categories 4 because of fraudulent documents with the 10 years ban in 2012. The decision letter says that any future applications under spouse route etc. would not be affected. So, in 2015 the applicant was granted entry clearance as a spouse of a British citizen. In 2020 the applicant is planning to apply for ILR.

    Can this applicant expect a grant of ILR ?

    The answer is "Probably", if the applicant satisfies the Para D-ILRP.1.1., including satisfying the Paras S-ILR.

    If the applicant previously satisfied the Paras S-LTR, despite the previous fraudulent documents, then the applicant should be able to satisfy the analogous paragraphs in Para S-ILR.

    This is a complex case and assistance of an experiences firm like the Legal Centre (www.legalcentre.org) is advised.

    >>> UKVI Guidance: European Temporary Leave to Remain in the UK: https://www.gov.uk/guidance/european...tent=immediate

    >>> UKVI News Story: Government outlines no deal arrangements for EU citizens: https://www.gov.uk/government/news/g...tent=immediate

    In the event of no deal, EU citizens will be able to enter the UK to visit, work or study after 29 March 2019. For stays longer than 3 months, European Temporary Leave to Remain will be required.

    Guidance for EU citizens coming to the UK to visit, study, work or join family if the UK leaves the EU with no Brexit deal.

    >>> UKVI Policy Paper: EU immigration after free movement ends if there's no deal: https://www.gov.uk/government/public...tent=immediate

    This explains the transitional immigration arrangements for EU citizens arriving in the UK after free movement has ended if the UK leaves the EU without a deal.

    >>> UKVI Guidance: Apply for a Tier 4 sponsor licence: https://www.gov.uk/guidance/apply-fo...tent=immediate

    How to apply for a student sponsor license.

    Updated content.

  4. #224
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    05 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Can I ask the Home Office to waive their application fees ?

    The answer is "Yes, but there are conditions".

    The following 2 cases form the basis of Home Office policy on fee waivers. The first is R (Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin). The second case is R (Carter) v Secretary of State for the Home Department [2014] EWHC 2603 (Admin).

    The case law has found that it was unlawful for the Secretary of State to charge a fee for a human rights based application where the applicant cannot afford the fee. In other words, charging a fee for a human rights based immigration application will itself breach human rights law where the person concerned cannot afford the fee and the Secretary of State must agree to waive the fee when an applicant is unable to afford the fee and has a human rights claim.

    Who can qualify for a fee waiver?

    In accordance with the above case law, only those who raise a human right claim will be eligible for a fee waiver, and only where this human rights claim “constitutes a substantive basis of their application”. More particularly, the following groups can qualify:

    - Applications for leave to remain under the 5-year partner route from applicants who are not required to meet the minimum income threshold because their sponsor is in receipt of one or more specified benefits and who instead must demonstrate that their sponsor can provide adequate maintenance
    - Applications for leave to remain under the 5-year parent route
    - Applications for leave to remain under the 10-year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under Article 8 of the European Convention on Human Rights (the right to respect for private and family life)
    - Applications for leave to remain on the basis of other ECHR rights
    - Applications for further leave to remain from applicants granted discretionary leave following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further leave to remain would breach their ECHR rights
    - Applications for further discretionary leave from victims of trafficking or slavery who have had a positive conclusive grounds decision, have already accrued 30 months’ discretionary leave and are seeking to extend it for reasons related to trafficking or slavery

    It is possible for an applicant to pay for their fee but apply for a fee waiver for one or more dependant.

    Importantly, applications for Indefinite Leave to Remain (ILR), even if based on a human rights claim, are not covered. Applicants could be extending their leave forever, until they can afford to pay the indefinite leave to remain fee. This is currently £2,389 and will in all likelihood continue to increase over the years.

    Criteria to be granted a fee waiver

    Applicants for a fee waiver will need to show that one of the following three circumstances apply:

    1. They are destitute

    Applicants are considered destitute when

    - They do not have adequate accommodation or any means of obtaining it; or
    - They have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs.

    2. They would be rendered destitute by payment of the fee

    This route is for those who are not destitute at the time of the application, and have adequate accommodation and can meet their other essential living needs, but have no disposable income.

    In these cases, however, there is also a need to consider

    - Whether, if receiving accommodation and essential living needs support from family or friends, they are able to borrow the required amount for their immigration application also (but only if receiving accommodation this way).
    - Whether the applicant’s financial circumstances are likely to change – for instance, for those with the relevant leave, because of an offer of employment – within a reasonable period (and it would be reasonable in all the circumstances to expect the applicant to delay their application for this length of time).

    3. There are exceptional circumstances

    The Home Office Fee Waiver Guidance can be found here: https://assets.publishing.service.go...0ext__003_.pdf

    How to submit the application and what evidence should be included

    Fee waiver requests are made online, before the application for leave to remain is made: https://visas-immigration.service.go...uct/fee-waiver

    What happens after the fee waiver application is submitted?

    What happens after an application for a fee waiver has been considered depends on the outcome of the application.

    Application is granted

    If an applicant is granted a fee waiver they will be issued with a Unique Reference Number (URN) to be used when applying for leave to remain online.

    The application for leave to remain must be submitted within 10 working days of the date of the decision (not the date that the decision is received). They must then make an appointment at a Service and Support Centre within 17 working days.

    If an applicant fails to make the application within these timescales, they may need to make a new fee waiver application. If their leave has expired in the meantime, they may become an overstayer.

    Application is refused

    The status of an applicant when their application for a fee waiver is refused depends on whether the applicant had valid leave at the time of the application.

    Applicants who had valid leave at the time of the application will be advised that they do not qualify for a fee waiver and be given 10 working days to submit additional evidence that demonstrates they qualify for a fee waiver. If the new evidence submitted satisfies the caseworker that they are eligible for a fee waiver, their application will be granted and they will be given another 10 working days to submit the application for leave to remain.

    If the new evidence does not satisfy the caseworker that they are eligible for a fee waiver, their application will be refused and they will be given 10 working days to submit an application for leave to remain and pay the application fee. If they do not do so before their leave expires, they will become overstayers.

    If the applicant had no valid leave at the date of application, their application will simply be rejected as invalid. They will need to submit a new application with the fee or a new application for a fee waiver.

  5. #225
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    08 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UKVI Guidance: Applying for a UK visa: approved English language tests: https://www.gov.uk/government/public...tent=immediate

    List of tests and test centres approved by UK Visas and Immigration to show that applicants have the required level of English for their visa.

    >>> Immigration legal aid cuts to remain in place following major government review: https://www.gov.uk/government/public...tent=immediate

    A major government review of legal aid proposes no significant changes in the immigration and asylum field. Despite evidence of the impact of cuts over the past five years, and the role that legal aid would have played in preventing the Windrush scandal, the Ministry of Justice has refused to roll back the Legal Aid, Sentencing and Punishment of Offenders Act 2012 as it relates to immigration work. The sole exception is an amendment granting legal aid to unaccompanied migrant children.

    The review, published this morning, shows an 85% reduction in legal help for non-asylum immigration matters since LASPO, and a 62% reduction in full representation.

    >>> UKVI Guidance: Considering immigration status and deciding enforcement action: https://www.gov.uk/government/public...tent=immediate

    Guidance for enforcement officers considering immigration status and deciding enforcement action, including curtailment.

    Updated ‘European Economic Area: administrative removal’ document.

    >>> UKVI Data: Country returns guide: https://www.gov.uk/government/public...tent=immediate

    Guidance on returning immigration offenders to their country of origin.

    >>> UKVI Guidance: Criminality guidance in article 8 ECHR cases: https://www.gov.uk/government/public...tent=immediate

    This guidance deals with how article 8 ECHR cases are considered when deporting a criminal.

    >>> UKVI Guidance: Deporting families of foreign offenders: https://www.gov.uk/government/public...tent=immediate

    Guidance on managing the deportation of families of foreign offenders.

  6. #226
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    11 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Guidance on how ex-gratia payments are managed and resolved, and how actual and non-financial losses are assessed by UK Visas and Immigration, Immigration Enforcement and Border Force: https://www.gov.uk/government/public...tent=immediate

  7. #227
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    13 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Can one use the expired passport with the immigration application

    The answer is "Possibly". The para 34(5)(b)(ii) of the Rules does provide this opportunity:

    "(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card"

    ...yet the Home Office caseworkers may not know their own Rules...and still refuse the application, demanding the valid original passpport !

    >>> No job required to export child benefit, Court of Justice holds: http://curia.europa.eu/juris/documen...1&cid=11559813

    Under EU law it is not necessary that a person be working in a member state in order to be entitled to family benefits in respect of his children living in another member state. So ruled the Court of Justice of the European Union in C-322/17 Bogatu v Minister for Social Protection.

  8. #228
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    22 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Free movement rights: direct family members of EEA nationals: https://www.gov.uk/government/public...-eea-nationals

    Guidance on free movement rights of direct family members of European Economic Area (EEA) and Swiss nationals

  9. #229
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    24 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Deportation order revocation process: https://www.gov.uk/government/public...ntry-clearance

    >>> Dublin III family reunion for refugees who have become British citizens: https://www.bailii.org/uk/cases/UKUT/IAC/2019/66.html

    In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, who lives in the UK. The case is R (BJ & Ors) v Secretary of State for the Home Department (Article 9, Dublin III; interpretation) [2019] UKUT 66 (IAC).

    The Home Office had refused to let the family come to the UK because the father, who had previously been recognised as a refugee, had become a British citizen. As a result, the mother and children were stuck in Greece while the father remained in the UK, despite the family having been identified by the Greek government as eligible for transfer to the UK.

    The Home Office argued that Article 9 of the Dublin III Regulation only applied to current beneficiaries of international protection and therefore excluded this family because the father was no longer a refugee. That is despite an Upper Tribunal decision from last year which rejected that interpretation. The present tribunal chose not to adopt the reasoning of the earlier decision, but fortunately still concluded that Article 9 applies to both current and former beneficiaries of international protection. The decision is a victory for common sense.

  10. #230
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    27 February 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UK Immigration White Paper anaylsis

    From 1 January 2021, everyone, bar British and Irish citizens, will be subject to immigration control. The current system will apply to EU nationals in the same way it currently does to TCNs.


    a. EU citizens will not be visa nationals and will continue to be able to use the e-gates.

    b. (EU) Visitors will be allowed to switch into Tier 2 employment.

    c. An Electronic Travel Authorisation (ETA) will be introduced for those who do not need to obtain a visa before travelling to the UK for visiting purposes. This is similar to the US ESTA scheme. The EU is also planning to introduce a similar scheme – ETIAS – which UK citizens will be subject to after Brexit.

    d. For skilled workers: Tier 2 (General) will be opened to medium skilled workers with the skills threshold dropping from RQF level 6 to 3.

    e. RLMT will be abolished for RQF Level 6 positions but it appears that it may be retained in some form for levels 3-5.

    f. ISC will remain in place for all Tier 2 migrants.

    g. The immigration cap which applies to most Tier 2 (General) migrants applying overseas will be abolished.

    h. A consultation on the salary threshold is foreseen for Tier 2 (General) applicants. However, the minimum salary for ICT applicants will be retained. They are looking to explore options for start-ups who cannot pay high wages but can provide equity into the business.

    i. Small companies that only need to sponsor a small number of migrants may not require a sponsor licence is likely to refer to a work permit scheme where you apply directly to the Home Office who acts as a ‘sponsor’.

    j. Sponsorship – the White Paper refers to greater reliance on data held across government in order to adopt a more risk-based approach and remove bureaucracy for employers. The issue is how the Home Office will police this. It appears that this will lead to the Home Office doing a lot more desktop reviews e.g. checking HMRC records to ensure that the salary being paid matches the one stated on the CoS.

    On the minimum salary and whether the Shortage Occupation List will be retained if the Tier 2 cap is abolished – it was thought that they might retain the £30,000 threshold, although the Home Office said that they would consult on this, but expand the shortage occupation list and that roles on that list would be subject to a lower salary threshold.

    Low Skilled Workers:

    An uncapped temporary immigration route will be introduced which will allow nationals of certain low risk countries to come to the UK for up to 12 months to work.

    The White Paper emphasises that this category will not lead to ILR, no dependants will be able to accompany the main applicant and there will be a 12-month cooling off period once the migrant has left the UK. It may be difficult for the Home Office to prevent abuse of this category. It could be seen as enabling people simply to pay for the privilege of working in the UK. This appears to be a very liberal system which goes beyond what is offered by other countries and could end up being a bit of a free for all for nationals from the designated countries.

    Seasonal agricultural worker scheme is apparently being introduced very shortly.

    The Youth Mobility would also be extended to EU countries, on a reciprocal basis.

    It appears that the White Paper is signalling the end of the Points Based System as no reference is made to it in the document.

    Self-employment routes

    Tier 1 (Entrepreneur) will be replaced by innovator and start-up visa categories. However, the Home Office does not appear to have consulted on the requirements for these categories.. Numbers permitted under Tier 1 (Exceptional Talent) will be increased.


    The White Paper appears to indicate that the only routes for self-employment which lead to ILR, with the exception of the Tier 1 (Exceptional Talent) route, will continue to be those requiring investment. It seems this will be a massive issue for those EU nationals who could previously come and establish themselves in business in the UK without having to make an investment.

    Everyone who graduates with a bachelor's or master's degree from a UK insti***ion will be given six months to work in the UK after the end of their course. PhD graduates will get 12 months.

    The key issue as far as studying is concerned is that it appears that EU students will fit in to Tier 4. The White Paper does talk about streamlining or making it less burdensome on the sponsors but only a commitment to look at that rather than making suggestions as to how they are looking to change it.

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