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

  1. #1
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    Новости UK & EEA Immigration Law от Legal Centre, 07791145923

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

    >>> Home Office guidance on EEA public policy/security decisions updated : https://www.gov.uk/government/upload...curity-2.0.pdf

    >>> Asylum “lottery”: some hearing centres grant twice as many appeals : http://www.bbc.co.uk/news/uk-42153862

    First-tier Tribunal appeals against asylum decisions are twice as likely to succeed at some hearing centres compared to others, a BBC investigation has found.

    47% of appeals succeeded at Taylor House, whereas the success rate was as low as 21% at Yarl’s Wood and 24% in Belfast. The data comes from Freedom of Information requests covering January 2013 to September 2016 and excluding fast-track cases.

    >>> Failure to provide evidence of right to work not a fair reason to dismiss, says Employment Appeal Tribunal : http://www.bailii.org/uk/cases/UKEAT...0_16_0510.html

    In the case of Baker v Abellio London Ltd [2017] UKEAT 0250_16_0510, the Employment Appeal Tribunal found that not having documents confirming an employee’s right to work is not in itself a fair reason for dismissal. However, genuinely believing that you need the documents can be a fair reason for dismissal

    >>> Proportionality principle no help in EU mother’s income support claim : www.bailii.org/uk/cases/UKUT/AAC/2017/440.pdf

    LO v SSWP (IS) [2017] UKUT 440 (AAC) involved the overlap between EU law, family law and welfare benefits, focusing particularly on the role of proportionality. All this is academic to LO, who just wanted her income support. Despite compelling personal circumstances, there was no basis on which the tribunal could find a right to reside and make her eligible for that benefit.

    The decision affirms the existing line of cases in this area, but the idea of proportionality as a liberalising influence may be examined again by the courts.

    >>> Expert reports in human rights cases must be up to scratch : http://www.bailii.org/ew/cases/EWCA/Civ/2017/1871.html

    In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article 3 rights, despite medical reports on their poor mental health and NGO evidence on the poor treatment of asylum seekers by the Bulgarian authorities
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  2. #2
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    06 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org - Ph/Viber/WhatApp: 07791145923

    >>> Paid for the Same Day Service (PSC/PEO) application but submitting the application after the leave (visa) expires ? You are risking a refusal

    Unless there were expeptional circumstances, under the Para 34 of the Rules the UK BA is likely to refuse the PEO application when such an application lodged even on the following day the leave (visa) expires, despite the application paid for on-line before the visa expired :

    34G:

    “For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:

    (iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre”

    >>> UK Visas and Immigration Guidance - Employer sponsorship: restricted certificate allocations (4 December 2017) : https://www.gov.uk/government/public...te-allocations

    A list of restricted certificates allocated each month for employer sponsorship in Tier 2 (General)

    >>> UK Visas and Immigration guidance: Country returns guide (4 December 2017) : https://www.gov.uk/government/public...-returns-guide

    Guidance on returning immigration offenders to their country of origin
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  3. #3
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    07 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    >>> UK BA can revoke ILR without the right of appeal

    Under the current Rules and, namely, under the Section 76, the UK BA can revoke the ILR (Indefinite Leave to Remain) with no right of appeal. Should that happen, the remedy may the the so-called Judicial Review (JR)
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  4. #4
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    Очередные изменения в Иммиграционных Правилах

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

    >>> Statement of changes to Immigration Rules HC 309, 7 December 2017 : https://www.gov.uk/government/public...-december-2017

    The purpose of the main changes is to:

    · Take account of the future commencement of the immigration bail provisions in Schedule 10 to the Immigration Act 2016.
    · Provide for entry clearance to be issued electronically.
    · Allow standard and marriage/civil partnership visit visa holders to transit using the same visa.
    · Clarify and remove inconsistencies from the rules relating to indefinite leave to remain for main applicants and their dependants in work categories.
    · Double the number of available places in the Tier 1 (Exceptional Talent) category to 2,000, and allow accelerated settlement for certain applicants.
    · Consolidate and clarify the rules for Tier 1 (Entrepreneur) applicants.
    · Make new Tier 2 provisions for research positions and for students switching from Tier 4.

    Into effect from:

    · The changes to Appendix M set out in paragraph M1., and to Appendix N set out in paragraph N2. of the statement shall take effect on 28 December 2017.
    · The changes to Appendix G set out in paragraph G1. of the statement shall take effect on 1 January 2018. However, in relation to those changes, if an application has been made for entry clearance or leave to enter or remain before 1 January 2018, the application will be decided in accordance with the Immigration Rules in force on 31 December 2017.
    · The changes to Part 6A set out in paragraphs 6A.22 and 6A.23, to Appendix A set out in paragraphs A16. to A19., and to Appendix J set out in paragraphs J1. to J11. of the statement shall take effect on 11 January 2018. However, if an applicant has made an application for entry clearance or leave to remain using a Certificate of Sponsorship that was assigned to him by his Sponsor before 11 January 2018, the application will be decided in accordance with the rules in force on 10 January 2018.
    · The changes to Part 5 set out in paragraphs 5.13 to 5.15 and 5.18 to 5.19, to Part 7 set out in paragraphs 7.3 to 7.5 and 7.7, to Part 8 set out in paragraphs 8.20 and 8.36, and to Appendix Armed Forces set out in paragraph AF2. of the statement shall take effect on the commencement of Schedule 10 to the Immigration Act 2016.
    · The other changes set out in the statement shall take effect on 11 January 2018. However, in relation to those changes, if an application has been made for entry clearance or leave to enter or remain before 11 January 2018, the application will be decided in accordance with the Immigration Rules in force on 10 January 2018.
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  5. #5
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    12 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    Расшифровка изменений в Правилах. Важное выделено красным цветом.


    >>> New statement of changes to the Immigration Rules: HC309 – Clarification of some important points : https://www.gov.uk/government/publications/...7-december-2017

    This is an in-depth look at our previous report from the 7th December 2017 on the new statemented of changes to the Immigration Rules HC 309. The most important points are, as follows :

    Except where otherwise indicated, these changes will come into force on 11 January 2018, although applications made before 11 January 2018 will be decided in accordance with the Immigration Rules in force on 10 January 2018.

    - 10 year ban expanded

    A ten-year ban on re-entry is introduced for those who used deception in an application for “leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”. It used to be that a ten-year ban was imposed on those who used deception in an application for entry clearance only. Family members applying under Appendix FM of the Immigration Rules are still NOT subject to this ban.

    - Absences for PBS dependants are now limited to 180 days in line with the main applicants

    This might be one of the changes with the most profound impact. It used to be the case that while PBS migrants had to have been out of the UK for fewer than 180 days in any given 12 months during the qualifying period for Indefinite Leave to Remain, dependants did not have to meet this requirement. As a result, PBS migrants, in particular Tier 1 (investors) and (entrepreneur), have historically ensured that the main applicant in the application was the one who did not need to travel that much, while the “real” businessperson was a dependant, allowing them to travel extensively, usually for business, and still be eligible for Indefinite Leave to Remain.
    The 180-day absence criterion is now extended to partners of PBS migrants as well, so that the strategy above will no longer work. This will be apply to those granted leave following an application made after 11 January 2018.

    - Electronic entry clearance

    Entry Clearance may now be issued electronically. This scheme will be trialed with specific groups (not yet announced) to start with, with a view to general introduction later. Applicants who hold an entry clearance issued in electronic form will not need to present it to an Immigration Officer, who will instead be able to check it electronically. They will only need to present their passport or identity documents. These changes will take effect on 11 January 2018 but the UK BA has not yet confirmed know who would be the first groups to have entry clearance issued electronically.

    - Visitors

    To date, those visitors who held a standard or marriage/civil partnership visit visa would have needed to obtain a separate transit visa if they want to transit the UK. From 11 January 2018, they will be allowed to transit the UK without the need to obtain a separate transit visa.

    Appendix 3 is also being changed to clarify that visitors are not permitted to study at an academy or a school maintained by a Local Authority.

    - Immigration bail

    This is the one change which does not have a commencement date. The government simply proposes to commence Schedule 10 to the Immigration Act 2016 “as soon as possible”.

    Schedule 10 introduces a new concept of immigration bail and transfers those on temporary admission or release onto that new status. In summary, temporary admission and temporary release will no longer exist, and will be replaced by “bail” instead. Once the changes come into force, those who have no prospects of being removed and therefore cannot be detained may still be put on bail.

    - Tier 1 (Exceptional Talent)

    The changes fulfill the commitments made in the recent Budget to:

    double the number of Tier 1 (Exceptional Talent) visas from 1,000 to 2,000. Applicants must be endorsed by a Designated Competent Body (DCB), but the additional 1,000 places will not be allocated between the DCBs. They will instead form a pool of unallocated places which will be drawn on according to need on a first-come first-served basis.

    allow exceptional talent visa holders (but not exceptional promise visa holders) to qualify for ILR after three years,
    simplify the application for holders of certain peer-reviewed fellowships or senior academic positions.

    - Tier 1 (Entrepreneur)

    The requirements for Tier 1 (Entrepreneur) have been re-written “to make them clearer and easier to follow”. The requirements themselves are “unchanged”, but for 14 separately listed changes (!). These changes include:

    <clarification on the job creation rules,
    <clarification on certain documentary evidence to be provided
    investments from venture capital firms (which will now need to provide a letter);
    <applicants will no longer be able to rely on investments and funds already relied on by another Tier 1 (Entrepreneur) or that migrant’s business or close family member. These investments and funds can no longer be relied on to “prevent recycling of funds between applicants”.
    <clarifications to the evidential requirements for those switching from Tier 1 (General) to Tier 1 (Entrepreneur) category

    - Tier 2

    This category is also seeing a number of changes, but the most significant ones are:

    <applicants switching from Tier 4 to Tier 2 (General) will be able to apply as soon as they have completed their courses, rather than only after having received their final results

    <The introducing of further exemptions to the Resident Labour Market Test for posts held by researcher applicants who are recipients of supernumerary research Awards and Fellowships, and established research team members sponsored by a Higher Education Institution or a Research Council

    Perhaps more significantly, paragraph 245AAA(B) is deleted.

    This paragraph read:

    “the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor”.

    It meant that those who had a break of more than 60 days between one employment and the other could not apply for Indefinite Leave to Remain after five years. One could instead apply to renew their leave, but the maximum period of leave under Tier 2 (General) is capped at a maximum of six years. In other words, applicants who had a break of more than 60 days between one employment and the other had to leave the UK after six years, and were never given a chance to apply for Indefinite Leave to Remain. This change is great news for these applicants.

    - Students

    The changes will allow some part-time students to secure Tier 4 visas. Tier 4 part-time students will not have work rights, will not be able to bring dependants and will not be able to extend in-country.

    Part 3 of the Rules is amended so that the minimum age for those coming for short term study is 16 instead of 18.

    - Other changes

    The wording on relationships for family members of PBS migrants and migrants in other work categories set out in Part 5 of the Rules is changed from being in a “subsisting relationship” to being in a “genuine and subsisting relationship”, bringing the wording in line with those applying under Appendix FM.

    The minimum age for overseas domestic workers is raised from 18 to 19. Measures are also introduced to prevent overseas diplomats bringing extended family members to the UK in the guise of domestic workers.

    The annual quota of places available under the Tier 5 (Youth Mobility Scheme) has been updated.

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  6. #6
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    13 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    >>> Australian supreme court considers British Overseas Citizenship basically worthless : https://www.austlii.edu.au/cgi-bin/v...//2017/45.html

    “To observe that British overseas citizenship is a juridical relationship between the individual and the United Kingdom, as Mr Fransman describes it, is not to conclude that it is a relationship which for the purposes of s 44(i) renders the BOC a citizen of a foreign power. No party contended that the fact that the foreign power designates a status as that of “citizen” is determinative without consideration of the rights, privileges and obligations conferred under the law of the foreign power. The status of BOC distinctly does not confer the rights or privileges of a citizen as that term is generally understood: a BOC does not have the right to enter or reside in the United Kingdom. Critically, taking into account the purpose of s 44(i), which is to ensure that members of the Parliament do not have split allegiance, it does not appear that Senator Xenophon’s status as a BOC entailed any reciprocal obligation of allegiance to the United Kingdom per se or to Her Majesty the Queen in right of the United Kingdom”.

    >>> People accused of TOEIC cheating have in-country right of challenge : http://www.bailii.org/ew/cases/EWCA/Civ/2017/2009.html

    The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge that decision in this country rather than from abroad.

    >>> Being able to demonstrate “a genuine and subsisting parental relationship” with a qualifying child is an essential requirement to succeed in a human rights appeal involving children : http://www.bailii.org/ew/cases/EWCA/Civ/2017/1967.html

    In Secretary of State for the Home Department v VC (Sri Lanka) [2017] EWCA Civ 1967 the Court of Appeal grappled with what this means in the pretty extreme case of the respondent’s children being in care.

    >>>Updated Guidance - Status of EU citizens in the UK: what you need to know (8 December 2017) : https://www.gov.uk/guidance/status-o...u-need-to-know

    >>>Example case studies: EU citizens' rights in the UK (8 December 2017) : https://www.gov.uk/government/case-s...ghts-in-the-uk

    >>>Communication from the Commission to the European Council (Article 50) on the state of progress of the negotiations with the United Kingdom under Article 50 of the Treaty on European Union (8 December 2017) : https://ec.europa.eu/commission/site...munication.pdf

    >>>Joint report from the negotiators of the European Union and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom's orderly withdrawal from the European Union (8 December 2017) : https://ec.europa.eu/commission/file...opean-union_en

    >>>Comparison of EU/UK Positions on Citizens' Rights - December 2017 : https://www.gov.uk/government/upload...ns__rights.pdf
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    ‘Lukas’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years by the end of the 2-year period after exit
    Lukas is an Austrian national who came to work in the UK before the cut-off date. He will have been resident in the UK for 2 years before the UK’s exit from the EU.

    After the UK leaves the EU, Lukas will be able to continue to live and work in the UK during the 2-year period after exit without having to apply for any permission. He must apply to the Home Office for a temporary residence status if he wishes to continue to live in the UK after 29 March 2021. This will enable him to continue lawfully living and working in the UK until he meets the 5-year threshold.

    Once Lukas has been resident for 5 years he will be entitled to apply for settled status which will allow him to settle in the UK permanently.
    Если мы в мае 2016 приехали это получается нам надо
    Подавать в марте 2021 года на временное резеденство, а через месяц на постоянное?

  8. #8
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    14 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    >>> EEA applications – notes from the recent UK BA and ILPA meeting

    New settled status/temporary status system for EEA national

     The UK BA hopes to introduce new system in September 2018.
     Likely to be introduced in stages – aiming to avoid everyone applying upon commencement of the scheme to be able to resource adequately.
     Want to make system as straightforward as possible. Ideally will be entirely online – no need to send in identity document – scan it instead.
     Presumption will be to grant some form of leave e.g. Leave to Remain or Indefinite Leave to Remain rather than refuse. Need to balance this against preventing fraud. Many people submit false applications claiming to be family member of EEA national as last-ditch attempt to avoid removal – so there will have to be fraud indicators which if triggered will lead to in-depth consideration.
     The UK BA hopes that when the new system is introduced people will stop applying for PR docs etc under EU law – but they understand why ILPA members may advise people to do both. They want to try to reduce volumes of applications under current system so they can cope with new system

    HMRC data sharing – EEA application (from the recent UK BA and ILPA meeting)

    Two kinds of data sharing with HMRC:

    Bulk data sharing – every month the UK BA requests HMRC data on all EEA sponsors of new EEA applicants (residence cards). Takes time to get it but that way the data is ready by the time the applicant is considered by caseworkers. Aim is just to check that the EEA national is working right now. Not done for PR applicants.
    Manual (one-off) data sharing – done on case-by-case basis, e.g. retained rights case where applicant can’t provide evidence of EEA national’s activities.

    If no tax/incorrect tax paid but there is satisfactory evidence of employment/self-employment they won’t refuse the application – but they will refer it to HMRC.

    Currently there is a cap on just how much data can be shared by HMRC. With the new settled status scheme there are agreements in place to share much more data with a variety of other government departments.

    On-line forms – EEA applications

     The UK would like to extend it to all applicants but can’t afford to do this yet. Current priority for online team is introducing online settlement form.
     Meanwhile family members applying separately cannot use the online form. Their application will be rejected if they try to do this.
     But students/self-sufficient people financially responsible for family members (or supported by family members) can use the online form at their own risk. They need to be careful because it doesn’t prompt them to provide all the information needed.

    The NEW EEA paper form

    New draft version is with Home Office lawyers for review. New version won’t ask for all absences from UK – in line with online form.

    Return of documents

     ROD requests now processed within 48 hours.

    EEA family permits

     Some decisions made in Sheffield at the moment.
     Liverpool are helping out with EEA family permit applications made in Indian subcontinent. They are able to assist making EEA family permit decisions because this is their specialist area.

    Applications missing EEA national’s identity document

     There have to be extremely good reasons not to enclose EEA national’s identity document. Retained rights, domestic violence cases where applicant can’t get hold of document should not be rejected because of failure to provide it. ILPA members pointed out that they are being rejected (or sometimes refused) on this ground. The UK BA will look into it.

    Option to accept residence card if PR is going to be refused

     Current policy – if someone has applied for a PR card and caseworker considers that they don’t have enough evidence for this but may qualify for residence card caseworker will try to contact applicant or representative once to ask if they would like to vary their application from PR to residence card. If caseworker can’t get through or if the person says no the application will be refused.
     If applicant or representative says in covering letter that they would like to be considered for residence card if Home Office considers that they don’t have enough evidence for PR then they will act on this. But be aware that if you follow this option then there will be no right of appeal if you say this and you get a residence card instead of PR card.
     New draft version of paper PR form will have box to tick to say you want to be considered for residence card if not enough evidence for PR card – this is with the Home Office lawyers at the moment.
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  9. #9
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    Приветствую,

    Мало данных.

    Я с утра в UK BA, можете после обеда или на завтра записаться на консультацию со мной по этой ссылке : https://legalcentre.org/Konsultacija-s-Advokatom.html

    Цитата Сообщение от Visa Посмотреть сообщение
    Если мы в мае 2016 приехали это получается нам надо
    Подавать в марте 2021 года на временное резеденство, а через месяц на постоянное?
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923

  10. #10
    Давно Тут! Аватар для Advocate
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    15 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

    >>> UK Visas and Immigration policy paper - Asylum claims in detention: policy equality statement (13 December 2017) : https://www.gov.uk/government/public...lity-statement

    UK Visas and Immigration policy equality statement on processing asylum claims immigration detention.
    Asylum process guidance is available for cases in detention who have claimed asylum, and for entering cases who have claimed asylum into detention

    >>> UK Visas and Immigration Guidance: Misuse of rights and verification of EEA rights of residence (14 December 2017) : https://www.gov.uk/government/public...s-of-residence

    Guidance on how UK Visas and Immigration assess whether a person has misused an EEA right of residence in the UK

    >>> UK Visas and Immigration guidance: EEA decisions taken on grounds of public policy (14 December 2017) : https://www.gov.uk/government/public...-public-policy

    Guidance on how UK Visas and Immigration makes decisions on the grounds of public policy and public security
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