UK & EEA Immigration Lawyer & Advocate

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

  1. #11
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    Неработающие партнеры-европейы (EU citizens), кто находятся в браке с гражданами Великобритании (UK), так же могут получить ПМЖ (Settlement - ILR) в Великобритании

    >>> It is still possible to apply for Settlement for the EU citizens who did not work and are married to British citizen spouses


    Are you an EEA national, who has never or very little worked in the UK and you have been married to a UK citizen spouse for some 10 or more years ? In this case you can benefit from the provisions of the current Immigration Rules, namely, the para 276B, and you may be issued with a Settlement status in the UK under the UK (rather the the EEA Regulations) Immigration Rules
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  2. #12
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    Ответила в другой теме.
    Последний раз редактировалось Графиня; 18.12.2017 в 20:07.

  3. #13
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    19 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    >>> Court of Appeal: visa conditions do not count unless notified in writing: http://www.bailii.org/ew/cases/EWCA/Civ/2017/2134.html

    In the recent decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence that the notice was sent, it will be unable to rely on any purported breach of a visa condition to justify a decision to refuse a subsequent application, curtail a person’s leave, or remove a person from the UK.

    This decision could have wide-reaching ramifications, given that it is not currently Home Office practice to outline any conditions imposed when granting a visa application.

    This judgement appears to suggest that the Home Office has consistently and systematically failed to impose conditions when granting applications for leave to remain. This is particularly significant in categories such as Tier 1 (Investor), Tier 1 (Entrepreneur), and Tier 4 (General) where there are numerous, often complex, conditions which must be complied with.

    That means that if the Home Office has failed to give written notice of these conditions, they do not apply.

    >>> Court of Appeal says test in Zambrano cases remains compulsion not choice: http://www.bailii.org/ew/cases/EWCA/Civ/2017/2028.html

    Head note:

    “the decision in Chavez-Vilchez represents no departure from the principle of EU law laid down in Zambrano, although it does constitute a reminder that the principle must be applied with careful enquiry, paying attention to the relevant criteria and considerations, and focussing not on whether the EU citizen child (or dependant) can remain in legal theory, but whether they can do so in practice. There is no alteration in the test of compulsion. [paragraph 72]”.

    It is clear from the case of Patel that this “test of compulsion” remains difficult to meet.

    In other words, Zambrano rights remain limited.

    >>> Home Office EU deportation decision overturned for ignoring EU law: http://www.bailii.org/ew/cases/EWCA/Civ/2017/1752.html

    In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out in the EEA Regulations when making decisions. It is an error of law to simply identify considerations which could be relevant without specifically having regard to what the regulations say.

    The court also held that a deportation order may be valid even if it is signed when the subject of the order is outside the UK.

    >>> Immigration tribunal cannot conditionally allow appeals: http://www.bailii.org/uk/cases/UKUT/IAC/2017/490.html

    In an Upper Tribunal determination that will come as a surprise to no-one other than the judge whose decision was under appeal, President Lane has held that it is not possible for the tribunal to allow an appeal on a conditional basis (such as “the appeal is allowed provided the Appellant provides (document) in the future”).

    >>> The Law Commission's review of Immigration Rules included in new projects list : https://www.lawcom.gov.uk/13th-programme-of-law-reform/

    From the project description:

    “Hundreds of thousands of decisions are made annually under the Immigration Rules. Decisions which can be life changing for those seeking entry or leave to remain in the UK and their families.

    But the Rules are widely criticised for being long, complex, and difficult to use. On 1 May 2017, the Rules totalled 1096 pages in length and their drafting is poor. Many provisions are duplicated, cross references are often incomplete and some parts are incomprehensible.

    Our project will not involve any substantive policy changes or any new legislation. It will instead aim [to] redraft the Rules to make them simpler and more accessible to the user.
    The review will not impact the legal basis on which a person has leave to enter or remain in the UK”.

    >>> Northern Ireland appeal case on “Chen parents” referred to EU court

    The case of an Albanian couple living in Northern Ireland has been referred to Luxembourg over a conflict between English, Irish and European Union law. The decision of the Court of Justice of the European Union in their case could help thousands of other families to establish a right of residence in the UK.

    The parents in Ermira Bajratari v Secretary of State for the Home Department are “Chen parents” – non-EU citizens with EU citizen children who can claim derivative rights of residence so long as they are self-sufficient. Two of the Bajratari children are Irish, but although the husband has been working, he has been doing so unlawfully since the expiry of a previous residence card. The Home Office refused to issue a new one, arguing that income from this illegal labour cannot be used to establish self-sufficiency, as per W (China) and X (China) v Secretary of State for the Home Department [2006] EWCA Civ 1494.

    The appellants argued, among other things, that this English Court of Appeal decision conflicts both with the original CJEU decision in C-200/02 Zhu and Chen and with a decision of the High Court of Ireland in OA v Minister for Justice, Equality and Defence [2014] IEHC 384. The AIRE Centre intervened as a third party.

    >>> Tribunal gives guidance on assessing truthfulness in asylum cases: http://www.bailii.org/uk/cases/UKUT/IAC/2017/491.html

    In KB & AH (credibility-structured approach) Pakistan [2017] UKUT 491 (IAC) the tribunal declined to give updated country guidance on the situation of Ahmadis in Pakistan because the case apparently turned on its own facts. This is often the case where the facts favour the appellant; where the facts favour the Home Office a case often seems to be of more general interest.

    The head note :

    “1. The ‘Credibility Indicators’ identified in the Home Office Asylum Policy Instruction, Assessing credibility and refugee status Version 3.0, 6 January 2015 (which can be summarised as comprising sufficiency of detail; internal consistency; external consistency; and plausibility), provide a helpful framework within which to conduct a credibility assessment. They facilitate a more structured approach apt to help judges avoid the temptation to look at the evidence in a one-dimensional way or to focus in an ad hoc way solely on whichever indicator or factor appears foremost or opportune.
    2. However, any reference to a structured approach in relation to the subject matter of credibility assessment must carry a number of important (interrelated) caveats, among which are the following:
    -the aforementioned indicators are merely indicators, not necessary conditions;
    -they are not an exhaustive list;
    -assessment of credibility being a highly fact-sensitive affair, their main role is to help make sure, where relevant, that the evidence is considered in a number of well-recognised respects;
    -making use of these indicators is not a substitute for the requirement to consider the evidence as a whole or ‘in the round’;
    -it remains that credibility assessment is only part of evidence assessment and, as Lord Dyson reminded decision-makers in MA (Somalia) v Secretary of State for the Home Department[2010] UKSC 49 at [33], ‘the significance of lies will vary from case to case’;
    -in the UK context, use of such a structured approach must take place within the framework of EU law governing credibility assessment, Article 4 of the Qualification Directive in particular; and,
    -also in the context of UK law, decision-makers (including judges) by s. 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are statutorily obliged to consider certain types of behaviour as damaging to credibility.
    3. Consideration of credibility in light of such indicators, if approached subject to the aforementioned caveats, is a valid and useful exercise, based squarely on existing learning.”.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  4. #14
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    20 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

    >>> Restricted Certificate of Sponsorship Cut Off Point - 20 December 2017

    The current intelligence from ILPA members suggests that the Restricted Certificate of Sponsorship allocation has been reached this month and therefore the minimum number of points required is 65. This has meant that only applications with a Resident Labour Market Test and a salary of £68,000 (or above) have been approved.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  5. #15
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    27 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

    Важное быделено красным цветом

    >>> Statement of Changes HC 309 - Residence Requirements for PBS Dependants UPDATED with Home Office response (22 December 2017)

    “We are making a few changes to settlement rules as part of this rules change. Collectively, these are intended to remove inconsistencies and provide greater clarity for PBS migrants and their dependants on the circumstances in which they may apply and be granted indefinite leave to remain and to ensure that migrants act in a way that is consistent with the spirit of the Immigration Rules. In addition, we included this change at the same time as some of our wider changes to settlement rules for the purposes of coherence.

    You will be aware that the policy change in relation to PBS dependants has been planned for over a year. However, in that time, we have considered this further and have taken great care to address the concerns raised. That is why the rules change will not apply retrospectively – we will only consider absences in any future grants of leave. We consider this to be reasonable and applicants will be aware that the Immigration Rules are subject to change and that they should not assume that the rules will necessarily be the same in 5 years’ time.

    We are aware that some Tier 1 (Investor) applicants structure their affairs as you have described. However, our general position is that those applying for ILR should have built up substantial ties to the UK, including having lived the majority of their time here. Allowing absences of up to 180 days a year is a very generous provision which allows applicants to continue their business affairs overseas while building ties to the UK. We see no reason not to apply the same requirement to dependant partners as well as to main applicants. In applying for leave, they are declaring an intention to live with their partner in the UK. The child dependant rules also require both parents to be in the UK, or be granted at the same time. We would question what the purpose would be of granting such leave to dependants if the real intention was for the partner/other parent to live apart from their family for the majority of the time. Such activities clearly go against the intention of the rules and may be considered to be a change of circumstances under paragraph 321(ii) or a false declaration under paragraph 321A(2) of the rules. Some PBS dependant partners have been refused re-entry for this very reason. Quantifying in the rules that they may spend up to 180 days a year overseas removes this uncertainty.

    With regard to the notice of this change, applicants have the remainder of their existing leave before any absences from the UK will be counted. As the absence provision is up to 180 days a year, they would also be able to have substantial absences from the UK in the early part of their future extension leave, before any such absences reached a level that would affect a future application for settlement. There is also no limit on the number of times an applicant may extend their leave as a PBS dependant. If any partners are unable to qualify for settlement, it is open to them to apply for further extensions and settle in future. The same applies to child dependants.”.

    >>> Sole Representative of an Overseas Business – the UK holding company possibility ?

    According to the UK BA, the creation of the UK holding company (instead of the subsidiary or branch) may be possible :

    “Application for overseas business representatives must ensure that they demonstrate that the company or companies they set up are engaged in the same core business activities as their parent company. Broadly speaking once in the UK business representatives can set up multiple subsidiaries and a holding company would not necessarily be excluded from this but it will be important that the applicant provides in the application a clear explanation of why the applicant has adopted the company structure that the applicant has chosen and how the applicant believes it meets the expectation that companies engage in the same business activities as their parent company.”.

    >>> Upper Tribunal Determination re Tier 1 Entrepreneurs (23 November 2017) :

    Recent determination from the Upper Tribunal. It relates to a Tier One Entrepreneur application, made with reference to the Article 8 ECHR, whose appeal was considered under the 2014 Immigration Act.
    The essence of the submission was that where the Immigration Rules were met, then any removal would breach Article 8 of the ECHR. At paragraph 40, the Tribunal adopted the Home Office’s concession that where the Immigration Rules are met, then the public interest in removal had nominal weight under question 4 of Razgar.

    >>> Update documents re EU citizens' rights (22 December 2017)

    - Status of EU citizens in the UK: what you need to know : https://www.gov.uk/guidance/status-o...u-need-to-know
    - Home Secretary's open letter to EU citizens in the UK : https://www.gov.uk/government/news/h...zens-in-the-uk
    - UK leaving the EU: what you need to know : https://www.gov.uk/government/collec...u-need-to-know

    >>> Home Office and Immigration Enforcement Guidance - Managing detainees' money over £1000 (21 December 2017) : https://www.gov.uk/government/public...exceeding-1000

    Detention services order 5/2011 about managing detainees' money over £1000.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  6. #16
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    28 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

    Особо важное выделено красным цветом

    >>> Self-employed EU citizens who fall out of work retain worker status : http://curia.europa.eu/juris/documen...t=1&cid=345993

    When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker?

    Since 2010, English courts have said they do not. In a case with wide implications for residence and social security rights, the Court of Justice of the European Union in C-442/16 Florea Gusa v Minster for Social Protection (Ireland) has deemed that position to be wrong.

    Following Gusa, self-employed EU citizens who become unemployed retain their worker status, and therefore right to reside, in the same way as people in direct employment who lose their jobs.

    >>> Supreme Court boost for people stripped of their British citizenship : http://www.bailii.org/uk/cases/UKSC/2017/82.html

    A Supreme Court decision handed down recently is good news for people who have had their British citizenship taken away because it was obtained under false pretenses. The Home Office has accepted that in most cases, deprivation rather than nullity is the correct process. Deprivation gives people stripped of citizenship a full right of appeal and has less of a knock-on effect on their families if carried through.

    That means that the third parties (spouses and children) are not affected by the deprivation decision whereas they would be in the case of nullity. The worst affected are usually children.


    >>> New code of practice on freezing immigrants’ bank accounts : https://www.gov.uk/government/public...ounts-measures

    The Home Office published a guidance for caseworkers on when to apply for a court order freezing the bank account of someone alleged to be in the UK unlawfully.

    A freezing order under section 40C(2) of the Immigration Act 2014 “prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account”. The measure was introduced by Schedule 7 of the Immigration Act 2016, as part of the hostile environment package of restrictions aimed at making life intolerable for people without immigration status.

    The banks are expected to carry out the first round of immigration checks on some 70 million accounts in January 2018.
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  7. #17
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    12 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

    >>> Updated UK Visas and Immigration Guidance (11 January 2018)

    - UK Visas and Immigration Guidance: Dependants of part 5 migrants (11 January 2018): https://www.gov.uk/government/public...art-5-migrants

    Modernised guidance for how UK Visas and Immigration considers applications from dependants of part 5 migrants

    - UK Visas and Immigration Guidance: Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5) (11 January 2018): https://www.gov.uk/government/public...-tiers-1-2-4-5

    Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants).

    - UK Visas and Immigration guidance - Guidance on policy for UK visas under Tier 1 (Exceptional Talent) (11 January 2018): https://www.gov.uk/government/public...ptional-talent

    This is the full guidance on UK Visas and Immigration's policy on visa applications under Tier 1 (Exceptional Talent).
    Use this guidance if you are applying for an initial visa or a visa extension under Tier 1 (Exceptional Talent) and you want to understand the details of the policy for this immigration category.

    - UK Visas and Immigration Guidance - Points-based system: Tier 1 (Entrepreneur) (11 January 2018): https://www.gov.uk/government/public...1-entrepreneur

    Guidance for how UK Visas and Immigration considers applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS).

    - UK Visas and Immigration form - Application to extend your stay in the UK as a Tier 1 Entrepreneur (11 January 2018): https://www.gov.uk/government/public...1-entrepreneur

    Form to extend your existing visa under Tier 1 (Entrepreneur) or to switch into it from another immigration category

    - UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): https://www.gov.uk/government/public...ier-1-investor

    Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.

    - UK Visas and Immigration Guidance - Sponsor a Tier 2 or 5 worker: Guidance for employers (11 January 2018): https://www.gov.uk/government/public...-for-employers

    Guide on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor a migrant worker.

    - UK Visas and Immigration Guidance - Sponsor guidance appendix A: supporting documents for sponsor applications (11 January 2018): https://www.gov.uk/government/public...ons-appendix-a

    List of documents that businesses and universities must provide with an application for a Tier 2, 4 or 5 sponsor licence

    - UK Visas and Immigration Guidance - Guidance on application for UK visa as Tier 2 worker (11 January 2018): https://www.gov.uk/government/public...-tier-2-worker

    Guidance to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.

    - UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): https://www.gov.uk/government/public...ier-1-investor
    Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.
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  8. #18
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    15 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

    >>> Court of Appeal stomps on human rights appeals for visitors

    In three notionally separate but transparently linked judgments the Court of Appeal last year stomped all over the idea of visitors to the UK being able to appeal visa refusals on human rights grounds. The judgments not only severely curtail the possibility of human rights appeals in visit cases but also, because the statutory right of appeal in general later followed the lead set by visit appeals, have wider implications for all immigration appeals. See http://www.bailii.org/ew/cases/EWCA/Civ/2017/1393.html, http://www.bailii.org/ew/cases/EWCA/Civ/2017/1511.html and http://www.bailii.org/ew/cases/EWCA/Civ/2017/1757.html

    >>> Long residence and private life resources—overview: https://www.lexisnexis.com/uk/lexispsl/immi...ources_overview

    >>> The NHS is interfering with immigrants' visa applications if they don’t pay up their hospital debts: http://www.independent.co.uk/voices/nhs-im...s-a7672006.html

    Just a reminder that the facts mentioned in the link above are still valid today, so be warned !


    See further helpful information below.

    >>> NHS maternity care for women from abroad (in England): https://www.maternityaction.org.uk/advice-2...en-from-abroad/
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  9. #19
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    16 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

    >>> Owing debt to the NHS that prevents you from lodging a UK Visa application ?

    If you owe certain debt to the NHS (usually thousands of ££££ following the use of the NHS while on a visitor's visa or even unlawfully), you may come to an agreement with the hospital to pay the debt off monthly. When lodging your immigration application then you may ask the UK BA to exercise their discretion favorably.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  10. #20
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    17 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

    >>> Dealing with the post-Sala type of the extended family member application refusals ?

    It may be the case when the First Tier Tribunal (FTT) judge may misguide himself and made a decision that there is no valid appeal under 2016 Regs. Should it be the case, then the appellant may ask the the FTT to review the decision. One may be tempted to lodge a Judicial Review (JR) instead, yet the JR may not be a competent remedy as one now knows that technically there is an alternative remedy.

    >>> A definition of a “parent” unde the UK Immigration Rules

    “A parent” is defined in the interpretation section of the Rules as:
    “a parent” includes

    (d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);

    The relevance to this Rule may be helpful when, for example, a PBS applicant intends to bring an adopted child with him/her into the UK
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