Новости UK & EEA Immigration Law от Legal Centre, 07791145923

[Advocate]

08 August 2019 – 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)

>>> Change in law for European families offers temporary hope for unrecognised adoptions: https://www.bailii.org/uk/cases/UKSC/2018/9.html

A small amendment to UK law could soon make a big difference to European families resident here who are struggling to bring home children adopted in Muslim countries abroad.

A change to the legal definition of who counts as an EEA citizen’s “family member” should end the uncertainty over the status of children in kafala arrangements. Kafala is a system of permanent legal guardianship operating in many Muslim countries, where full adoption is usually prohibited.
While some families here view the arrangement as permanent, others consider it a stepping stone to full adoption in the UK, as kafala is sometimes the only way to gain legal custody of a child in his or her birth country.

The amendment to the Immigration (European Economic Area) Regulations 2016, which takes effect on 15 August 2019, explicitly recognises relationships where the child is under 18 and “is subject to a non-adoptive legal guardianship order in favour of an EEA national that is recognised under the national law of the state in which it was contracted”.

This provision means that EEA citizens living in the UK, who have entered a kafala adoption overseas, can now apply for a visa to bring their child home.

>>> VFS Update: Scanning Hub and Preferred Partner operation moving – USA

“Dear Partners,

I’m writing to inform you that our Scanning Hub and Preferred Partner operation is moving by end of the month to our Joint Visa Application Centre located in Times Square.
Please see timelines for you to be aware of:

Thursday August 22: Last day for Preferred Partner submissions in current premise
Friday August 23: Last day in current premise, No Preferred Partner submissions
Saturday August 24: VFS Moving
Sunday August 25: VFS Moving
Monday August 26: Preferred Partner submissions to begin out of our Premium Application Centre
Tuesday August 27: Operations to resume as BAU
Address: 145 West 45th St, Floor 5, New York NY 10036
Preferred Partner submissions will take place within our Premium Application Centre on the 5th floor from 26th onwards. When entering the building, you will be required to sign in at the building security desk before proceeding up to the 5th floor. At the 5th floor, there will be a security check by a VFS guard before entering the centre

We thank you for your patience during this transitional time.

UKVI & Canada VAC Operations – USA"

[Advocate]

12 August 2019 – 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)

>>> The return of the HSMP or the Tier 1(General) programmes ? https://www.politicshome.com/news/uk...igration-shake

Boris Johnson has pledged to make it quicker and easier for foreign scientists to settle in the UK under a shake-up of immigration rules after Brexit.

>>> Student facing death penalty for ISIS membership stripped of British citizenship: https://www.bailii.org/ew/cases/EWHC...2019/2169.html

A student who ran away to join ISIS in Syria has lost a legal challenge to the UK government’s decision to take away his British citizenship. The judgment, handed down yesterday and the first case of its kind in the High Court, is R (Islam) v Secretary of State for the Home Department [2019] EWHC 2169 (Admin).

>>> UKVI update: Country returns guide for August: https://www.gov.uk/government/public...-returns-guide

Home Office guidance on the documents required and processes for returning immigration offenders to their country of origin.

Updated to add August 2019 information.

[Advocate]

13 August 2019 – 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)

>>> Can a Tier 4 Student - main applicant - rely on his bank statements if the bank account is in joint names, such as the applicant’s name and the dependent spouse’s name ?

The answer is “Yes”: https://www.gov.uk/guidance/immigrat...ntenance-funds

1A
(k) If the applicant wishes to rely on a joint account as evidence of available funds, the applicant (or for children under 18 years of age, the applicant’s parent or legal guardian who is legally present in the United Kingdom) must be named on the account as one of the account holders.
13
(i) the applicant (whether as a sole or joint account holder); and/or

>>> Can a Tier 2 Dependent provide his bank statements for maintenance funds ?

The answer is “Yes: https://www.gov.uk/guidance/immigrat...ystem-migrants

Appendix E

(c) Where the applicant is applying as the Partner of a Relevant Points Based System Migrant or Appendix W Worker the relevant amount of funds must be available to either the applicant or the Relevant Points Based System Migrant or Appendix W Worker.
…
(f) In all cases, the funds in question must be available to:
(i) the applicant, or
(ii) where they are applying as the partner of a Relevant Points Based System Migrant or Appendix W Worker, either to them or to that Relevant Points Based System Migrant or Appendix W Worker

[Advocate]

14 August 2019 – 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)

>>> No-deal Brexit notice; commentary on the Immigration (European Economic Area) (Amendment) Regulations 2019

Note on the implications of a no-deal Brexit for Europeans

With the prospect of a no-deal Brexit now looking like a more realistic possibility, the EU citizens and their family members may wish to note the following.

EU Settlement Scheme deadlines in a no deal situation
The Department for Exiting the EU (DExEU) have stated that different deadlines for the EU Settlement Scheme will be applicable in a no-deal situation as compared with under a deal. These deadlines appear to have been adopted by the Home Office in its webpages on settled status applications.

• EU citizens intending to be a main applicant under the scheme must enter the UK by 31 October 2019. The Government documents are silent on the time of day an applicant must be in the UK before Brexit. Nonetheless, the European Union (Withdrawal) Act 2018 (Exit Day) (Amendment) (No. 2) Regulations 2019 and the definition of ‘specified date’ in the Immigration Rules, Appendix EU define Brexit day as 11pm on 31 October 2019. Therefore the applicants should be aware that this potentially stricter deadline exists and may eventually be relied on by the Home Office.

• The main closure date for the EU Settlement Scheme for applicants (including both EU nationals and family members) living in the UK by 31 October 2019 will be 31 December 2020 instead of the deadline of 30 June 2021 which applies in the event of a deal.

• Spouses, partners, children, parents and grandparents (and possibly other dependent family members) who have a relationship with the EU national by 31 October 2019 and are living abroad on that date (and children born abroad after 31 October 2019) will need to apply under the EU Settlement Scheme by 29 March 2022 and must continue to have the re-lationship at the date of application – applications made after 29 March 2022 must meet the UK Immigration Rules outside the scheme.

• Spouses, partners and other dependent relatives who establish a relationship after 31 October 2019 with an EU citizen who has status under the scheme will be eligible to apply under the scheme until 31 December 2020 – applications made after 31 December 2020 must meet the Immigration Rules outside the scheme.
In order to be eligible under the EU Settlement Scheme, durable partners (with an exception for those applying from outside the UK) and dependent relatives (other than dependent parents) must also have been issued with a family permit or residence card under the EEA Regulations (or equivalent document/evidence issued by the Islands) by 31 October 2019.

Status of the policy

The drafting of the DExEU policy paper on citizens' rights in the event of a no deal Brexit is high-level and imprecise. The details of exactly which family members are covered is not clear. For example, it is not clear whether “partners” applies to both civil partners and durable partners. It is also not clear what the policy is intended to be for Surinder Singh family members or for the family members of individuals who have EU citizenship, have naturalised as a British citizen following the exercise of treaty rights in the UK and who continue to exercise treaty rights afterwards (i.e. those captured under the decision in Lounes).

Furthermore, it is important to note the policy in relation to no deal is not protected by any international agreement. This means that the government may be free to change the details at some later date. Such changes would of course be subject to ordinary public law principles.

EEA/EFTA nationals

The document was also originally published on 6 December 2018, before the UK concluded citizens’ rights agreements with the EEA/EFTA states (Iceland, Liechtenstein, Norway and Switzerland) and has not been updated for that development. It was updated on 28 March 2019, but only to ‘reflect that the UK will not leave the EU on 29 March 2019 and to clarify that the family reunion policy applies to EU citizens with pre-settled and settled status.’ However, the agreements with the EEA/EFTA states appear to mirror the DExEU policy but with greater detail and with the protection given by an international agreement.

European nationals arriving after 31 October 2019

As a further reminder, in the event of no deal a transitional period will apply after exit until 31 December 2020 to newly arriving EEA/Swiss nationals and their family members. The key points are:

• EU nationals who have not established residence in the UK before 31 October 2019 will be able to enter the UK for three months. If they wish to stay beyond this period, they will need to apply for European temporary leave to remain.

• European temporary leave to remain will be granted for a period of three years, calculated from the date of application. There will be no possibility of renewing this period or of apply-ing for indefinite leave to remain on the basis of this status alone. EU nationals who wish to stay beyond three years will have to find an alternative route under the Immigration Rules.

• EU nationals may be joined by close family members (defined as spouse, partner or dependent children aged under 18) who are third country nationals. However, third country national family members who wish to accompany an EU national under these arrangements will need to apply in advance for a family permit.

• These rules apply to nationals from the EEA/EFTA states.

>>> UKVI Guidance: Registration as a British citizen: children of British parents: https://www.gov.uk/government/public...olicy-guidance

Updated guidance document published. Removed references to the good character require-ment following the British Nationality Act 1981 (Remedial) Order 2019.

>>> UKVI update: addition to Shortage Occupation List consultation response: https://www.gov.uk/government/consul...l-for-evidence

UKVI has added the Food and Drink Federation’s submission to the Shortage Occupation List consultation responses document

[Advocate]

15 August 2019 – 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)

>>> You can still rely upon both the Appendix FM and EEA Regulations, until Brexit !

For example, if you are a dual EEA/British national. That is, you arrived into the UK as an EEA national, got your Permanent residence in due time and then became a British citizen. Then you brought your partner into the UK under the Appendix FM (“UK spouse visa”). Until Brexit it is, therefore, possible, for your partner, to apply for a 5-year EEA Residence Card under the EEA Regulations prior to 31/10/2019. Should an application be submitted under the EEA Regulations, the partner’s 30-month spouse visa will be concurrently valid with the Residence Card under the EEA Regulations.

>>> UKVI update: Guidance on deciding applications for people to enter or remain in the UK as a Tier 2 migrant: https://www.google.com/url?sa=t&rct=...3uVsH8__J7-UYU

Guidance on deciding applications for people to enter or remain in the UK as a Tier 2 migrant.

Changes from last version of this guidance

This version replaces the Tier 2 modernised guidance version 32.0 which has been withdrawn and archived. It has been updated following the higher education regulatory reforms which established the Office for Students (OfS) as the regulatory body for English higher education providers. The OfS regulatory framework came into force fully on 01 August 2019.

>>> Updating certificates of sponsorship following demergers and TUPE transfers

The UK BA Business Help Desk confirms that it is not necessary to report against a certificate of sponsorship under 'sponsor has stopped sponsoring migrant' when there is a TUPE/demerger as long as the necessary updates are made elsewhere.

[Advocate]

16 August 2019 – 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)

>>> The NHS Surcharge – UK BA – what you need to know: https://www.gov.uk/healthcare-immigr...cation/refunds

>>> Asylum seeker not “effeminate” enough to be gay, immigration judge says

An immigration judge has rejected an asylum seeker’s claim to be gay, saying that the man did not come across as “effeminate” enough to be credible.

According to a lawyer involved in the case, the judge wrote that the man did not have a gay “demeanour” and did not “look around the room in an effeminate manner”.

The judge reportedly went on to say that “on the gay scene younger men are highly valued”.

Statistically, 33% of asylum appeals based on sexual orientation were successful in 2017. That was below the average for all asylum appeals, which was 40% that year, although the statistics are experimental and should be interpreted with caution.

[letsgo]

15 August 2019 – 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)

>>> You can still rely upon both the Appendix FM and EEA Regulations, until Brexit !

For example, if you are a dual EEA/British national. That is, you arrived into the UK as an EEA national, got your Permanent residence in due time and then became a British citizen. Then you brought your partner into the UK under the Appendix FM (“UK spouse visa”). Until Brexit it is, therefore, possible, for your partner, to apply for a 5-year EEA Residence Card under the EEA Regulations prior to 31/10/2019. Should an application be submitted under the EEA Regulations, the partner’s 30-month spouse visa will be concurrently valid with the Residence Card under the EEA Regulations.

>>> UKVI update: Guidance on deciding applications for people to enter or remain in the UK as a Tier 2 migrant: https://www.google.com/url?sa=t&rct=...3uVsH8__J7-UYU

Guidance on deciding applications for people to enter or remain in the UK as a Tier 2 migrant.

Changes from last version of this guidance

This version replaces the Tier 2 modernised guidance version 32.0 which has been withdrawn and archived. It has been updated following the higher education regulatory reforms which established the Office for Students (OfS) as the regulatory body for English higher education providers. The OfS regulatory framework came into force fully on 01 August 2019.

>>> Updating certificates of sponsorship following demergers and TUPE transfers

The UK BA Business Help Desk confirms that it is not necessary to report against a certificate of sponsorship under 'sponsor has stopped sponsoring migrant' when there is a TUPE/demerger as long as the necessary updates are made elsewhere.

не могли бы вы прояснить эту фразу?
если брак заключен с натурализованым британцем и была получена виза по FLR(M) - значит ли это, что до 31/10 можно продлять 30 месячную визу супруга сразу на резидент пермит как супруга ЕС ?

[Advocate]

20 August 2019 – 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)

>>> Online asylum appeals to be rolled out nationwide in 2020

Asylum appeals will be filed and managed entirely online from next year, the courts and tribunals service for England and Wales has said.

HMCTS told Free Movement that it plans to roll out its “reformed digital asylum service” to all hearing centres at the end of January 2020.

The digital appeal system aims to make the process of challenging an asylum system more efficient and less paper-bound. The focus is on electronic document upload, digitised case management and early online resolution rather than the final hearing being on a webcam, although HMCTS is also experimenting with virtual hearings throughout the tribunal system.

Outlining the system in a recent update on its work, HMCTS said that “appeals will be submitted electronically by legal representatives and will be received instantaneously by both HMCTS and the Home Office. The appeals will then progress digitally via the on line service from initial application, through to hearing and judicial decision”.

It adds that the new system will “enable cases to be resolved online where that is appropriate, as well as supporting the use of video and face-to-face hearings”.

Digital asylum appeals are currently being piloted at Manchester and Taylor House hearing centres. Six solicitors’ firms are involved.

The pilot will be expanded to Bradford and Newport in September 2019, and further rolled out to Birmingham and Hatton Cross by the end of the year.

The national rollout that follows will only be for cases where the appellant has legal representation. HMCTS says that a separate service is being designed for unrepresented appellants, which will begin pilot testing early in 2020.

Other areas of immigration and asylum law may be digitised further down the line. The HMCTS annual report notes that “we have plans to continue to research and design other appeals processes including bail”.

[Advocate]

Приветствую,

Имеется в виду ситуация, если Ваш британец имеет еще и европейское гражданство, полученное до натурализации. В таких непростых случаях нужна детальная консультация, на которую Вы можете записаться по этом ссылке: https://legalcentre.org/Konsultacija-s-Advokatom.html

не могли бы вы прояснить эту фразу?
если брак заключен с натурализованым британцем и была получена виза по FLR(M) - значит ли это, что до 31/10 можно продлять 30 месячную визу супруга сразу на резидент пермит как супруга ЕС ?

[Advocate]

22 August 2019 – 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)

>>> Migrants working illegally still have employment rights: https://www.bailii.org/ew/cases/EWCA/Civ/2019/1393.html

The case of Okedina v Chikale [2019] EWCA Civ 139a3 had been making its way through the courts for some time. In 2013, Ms Okedina arranged for Ms Chikale to move to the UK as her live-in domestic worker and organised her UK visa.
To cut a long story short, Ms Okedina failed to renew the visa and failed to let Ms Chikale know that. Eventually the relationship broke down and Ms Chikale claimed compensation in respect of various employment law breaches, including unfair and wrongful dismissal, race discrimination and unlawful deductions from wages.

Ms Okedina’s position was that Ms Chikale was not entitled to any of this because she had been working in breach of UK immigration laws — the “illegality defence”.

This argument failed in the Employment Tribunal, the Employment Appeal Tribunal and, most recently, in the Court of Appeal. Lord Justice Underhill noted that there was no public policy reason why the relevant legislation should interpreted to support Ms Okedina, pointing out that genuine mistakes over immigration status are not necessarily unreasonable:

“...some aspects of the relevant rules are complicated or unclear, and wrong advice can be given, sometimes by the Home Office itself. In short, not all cases of illegal working involve culpability on the part of the employee.”

This case was pretty unusual. Not only was Ms Chikale oblivious to the fact that she was working without immigration permission, but it was alleged that Ms Okedina had submitted false information in the documents she had prepared for Ms Chikale and had forged her signature.

Abnormal as the case may be, what it shows is that the overlap between immigration law and employment law is in no way clear cut. Lacking immigration status does not mean that an employment contract is unenforceable.

Whilst immigration experts will usually be well-equipped to provide advice on factual points — if a person has leave, whether they have protection under Section 3C or not (and to educate all parties on what that means), etc — it is important to avoid making statements on the legality of the contract of employment (unless you happen to be an expert on employment law also).