UK & EEA Immigration Lawyer & Advocate

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

  1. #381
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    09 January 2020 – 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)7791145023 (WhatsApp/Viber)

    >>> Government promises extra family reunion rights for people of Northern Ireland: https://www.gov.uk/government/news/d...eland-tomorrow

    White smoke rises from Stormont, where the British and Irish governments have produced a draft deal to bring back power-sharing government in Northern Ireland following lengthy talks with the region’s main political parties.

    The agreement includes a promise to address the fallout from the DeSouza case. That case confirmed that people from Northern Ireland are legally British citizens as well as Irish, and so cannot rely on the more liberal rules on family visas available to EU — but not UK — citizens.

    The deal says:

    “14. The Government will change the rules governing how the people of Northern Ireland bring their family members to the UK. This change will mean that eligible family members of the people of Northern Ireland will be able to apply for UK immigration status on broadly the same terms as the family members of Irish citizens in the UK.

    15. This immigration status will be available to the family members of all the people of Northern Ireland, no matter whether they hold British or Irish citizenship or both, no matter how they identify.”

    While the UK government says that this is a unilateral measure, it is being made “in the context of an agreement being reached”. That suggests that it may be dropped if the deal is not signed off by the regional parties.

    It also seems likely to become redundant once Brexit takes hold and the bonus family reunion rights of Irish citizens in the UK come to an end. The time will show.

  2. #382
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    14 January 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - http://bit.ly/legalcentre – +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> Law Commission calls for total rewrite of Immigration Rules: https://www.lawcom.gov.uk/project/si...gration-rules/

    The Law Commission’s long-awaited report on Simplification of the Immigration Rules says that rewriting and paring down the “overly complex and unworkable” document would improve legal certainty and transparency for applicants as well as save money for the courts and the Home Office.

    The Immigration Rules are the document that set out the precise criteria for granting or refusing permission to enter and remain in the United Kingdom. It is the single most important legal instrument for day to day immigration law. The dire drafting of the Rules has for some time been an acute source of frustration for individual applicants, the lawyers trying to help them and even the judges deciding their cases.

    The independent law reform body recommends a rewrite of the 1,100 pages of the Rules, with a complete restructure complemented by improved drafting and fewer changes in future. The last such exercise took place in 1994, over 25 years ago, and the current version of the rules has grown hugely and chaotically since then. The two separate sections both entitled ‘Asylum’ at Part 11 and Part 11B, separated by Part 11A entitled ‘Temporary Protection’ are probably “personal favourite” among many lawyers.

    The report’s 41 recommendations include:

    - A new 24-part structure to the Rules, covering definitions, commons provisions and specific routes, followed by seven appendices
    - Giving each paragraph a number, rather than a confusing blend of letters and numbers
    - A new drafting guide, including advice such as “get straight to the point” and “use simple, everyday English”
    - An advisory committee to review the text at regular intervals
    - Producing “booklets” of the Rules that apply to each visa category
    - Simplifying and consolidating Home Office guidance documents in tandem with tackling the Rules themselves
    - “A less prescriptive approach to evidential requirements”, with lists of accepted and acceptable evidence provided (similar to the approach in Appendix EU)
    - Only two statements of changes to the Rules a year, unless there is “an urgent need for additional change”

    A separately published impact assessment concludes that the savings across government — including reductions in unnecessary cases for the immigration tribunals and in Home Office casework costs — would be £70 million over ten years.

    >>> Court of Session clarifies time limits for judicial review challenges in Scotland: https://www.bailii.org/scot/cases/Sc...20_CSOH_2.html

    In Odubajo v Secretary of State for the Home Department [2020] CSOH 2, the Court of Session has ruled that the three-month time limit for raising judicial review proceedings starts on the date of the decision, even though the person affected may not have been notified of that decision. This is a departure from what everyone previously thought in Scotland – which was that you cannot be expected to challenge a decision until you have been notified of it.

  3. #383
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    16 January 2020 – 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)7791145023 (WhatsApp/Viber)

    >>> Visa appointment fees rise with no warning

    The cost of an appointment at visa application centres in the UK has risen with no warning given to applicants or their representatives.

    Sopra Steria, the outsourcing company that runs UK Visa and Citizenship Services, has hiked appointment costs from £60 to £69.99 for a standard appointment and from £125 to £135 for appointments on Saturdays or out of regular office hours.

    It appears to be applicable nationwide rather than to any particular UKVCAS centre.

    The government website still lists the old cost, but the Sopra Steria website now says that “prices start at £69.99 per person”.

    Free appointments are available, in theory, at six “core service points” in major cities, but fees are charged at the other 50 application centres.

    The Immigration Law Practitioners’ Association says that it has contacted the Home Office and Sopra Steria to ask for more information.

  4. #384
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    20 January 2020 – 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)7791145023 (WhatsApp/Viber)

    >>> New guidance: False representations – Tier 1 (General) earnings concerns: https://www.google.com/url?sa=t&rct=...WI2Cb13VV1o2_P

    UKVI has published new supplementary guidance relating to applicants who previously held Tier 1 (General) leave where UKVI have concerns that false representations have been made regarding their earnings. This guidance must be applied in conjunction with the main guidance on False Representations and the guidance on General Grounds for Refusal (GGfR) under Part 9 of the Immigration Rules.

    This guidance relates to issues decided by the Court of Appeal in Balajigari v SSHD [2019] EWCA Civ 673.

  5. #385
    Давно Тут! Аватар для Advocate
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    16 January 2020 – 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)7791145023 (WhatsApp/Viber)

    >>> If something is required by the Immigration Rules, it must be possible, appeal judges declare: https://www.bailii.org/ew/cases/EWCA/Civ/2019/2293.html

    Prior to the closure of the Tier 1 (Entrepreneur) route, the main requirement was evidence that an applicant had access to funds for investment in their proposed venture.

    The Immigration Rules permitted applicants to rely on their own funds, or alternatively on funds that have recently been transferred to them by third parties. In certain circumstances, the rules also permitted reliance on funds that were still held by a third party at the time of the application.

    In this scenario, the applicant (and the Home Office) was relying on the third party’s promise that, if and when the visa is granted, the funds would be made available to the Tier 1 (Entrepreneur) for their venture.

    It is still a mystery why the drafters of the Immigration Rules permitted this funding structure at all. If the third party was serious about investing, why not require the funds to be transferred to the prospective Tier 1 (Entrepreneur) prior to the submission of the application?

    Nothing is impossible

    Lord Justice Davis, giving judgment in the Court of Appeal, doesn’t really address the bonkers nature of the requirement itself. Instead he sticks to the “rules is rules” theme of applications made under the Points Based System:

    "The underpinning rationale for the current requirements of the PBS under the Rules is, as I have said, clear. These requirements have been, in a context such as the present, expressly approved as workable and fair in cases such as Durrani and Iqbal (cited above). There is no reason not to apply the reasoning in those cases to paragraph 41-SD(c)(i) of Appendix A and to this particular case, and every reason for doing so. The rules here are specific in their requirements; and the applicant in this case failed to meet those requirements. As paragraph 245DD of the Immigration Rules stipulates, in such circumstances the application will be refused. That, put shortly, is the end of the matter, as I see it."

    Davis LJ did not accept that such a declaration could not be obtained:

    "I should in any event make clear that I was wholly unpersuaded on the evidence that there was an impossibility of compliance here. It may be that the evidence (including the two witness statements) indicates that the Halifax Bank itself does not, as a matter of its practice, currently choose to provide letters in the required format. But that does not mean at all that it is impossible for the Halifax Bank to do so. Nor does it preclude an applicant or sponsor from going to some other regulated financial institution which does not have such a practice.".

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