UK & EEA Immigration Lawyer & Advocate

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

  1. #231
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    04 March 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

    >>> JCWI: how we beat the hostile environment in court: https://www.bailii.org/ew/cases/EWHC.../2019/452.html

    Recently, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and nationality grounds.

    Mr Justice Martin Spencer has handed down a damning verdict excoriating the government, saying that the scheme not merely risks causing illegal discrimination, but is certain to do so, as would any scheme of this kind. Furthermore, the judge found that the government has “not come close” to justifying the discriminatory impact of the scheme, especially since it had failed to collect any data demonstrating that it actually works in its stated aim: making undocumented migrants leave the country.

    The ruling has significant implications for the development of human rights and discrimination law. Having found the scheme caused landlords to discriminate, Spencer J had to consider whether this actually came within the ambit of Article 8 for the purposes of engaging Article 14 of the European Convention on Human Rights.

    This is a significant victory for the JCWI, as it does a major blow to the logic of the whole hostile environment. The JCWI hopes that it will have repercussions for its other pillars: NHS charging, bank checks and employment checks. Under the circumstances it is unsurprising that the government is seeking to appeal the ruling, seemingly unconcerned about the optics of spending further public money on fighting for the right to cause racial discrimination. It seems that in the pursuit of looking “tough” on immigration, a return to the outright racism that existed in the housing market in the ‘50s is alright by Sajid Javid.

    >>> UKVI Guidance: Staying in the UK for longer than 3 months if there's no Brexit deal: https://www.gov.uk/guidance/european...tent=immediate

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

    Updated to include Swiss citizens

    >>> UKVI Guidance: Common travel area: https://www.gov.uk/government/public...tent=immediate

    Guidance for staff on the common travel area (CTA).

    >>> UKVI Guidance: Tier 5 temporary worker concession (creative and sporting): immigration clearance form: https://www.gov.uk/government/public...tent=immediate

    Application form for people who want to enter the UK from Ireland to undertake paid, temporary engagement.

  2. #232
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    05 March 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

    >>> Home Office to give touring artists and sportspersons green light for entry through Ireland: https://www.theguardian.com/music/20...eid=3bc32dee13

    Over the next 12 months, the government will be rolling out a whole package of measures designed to enhance the UK’s global image. These will include both new and relaxed immigration options for innovators, tech experts, scientists, researchers, artists and sportspersons.

    The Home Office’s approach to visiting artists and sportspersons in recent years has been not been consistently welcoming. On too many occasions, damaging headlines have been the result of overzealous officials interpreting the law in an extremely strict way.

    Non-visa nationals who have a Certificate of Sponsorship issued under Tier 5 (Temporary Worker – Creating and Sporting) are already able to enter the UK for up to three months without needing to apply for a visa. Instead, leave to enter is granted at the border. But Certificate of Sponsorship holders entering through Ireland will not encounter an immigration officer to grant them leave — meaning that, technically, any work they carry out would be unlawful. That means that touring artists need to apply for a visa as well as having Certificate of Sponsorship if coming in through Ireland.

    In the near future, a more relaxed process will be rolled out for such people to apply for leave to enter remotely (presumably online). The detail of exactly how leave will be granted have not been published yet, but the announcement states that the

    "new arrangements will allow musicians and sportspeople… to apply for leave to enter remotely, putting an end to their requirement to apply for a visa to perform in the UK when entering through Ireland.".

    Whilst this news may only be relevant to a small number of individuals, it shows that the Home Office’s shift towards a digital immigration system is underway. The white paper described a scenario where “rather than issuing those coming to the UK with a piece of paper or a vignette in their passport, we will be granting an electronic permission, such as an E-visa”.

    The Home Office usually updates the Immigration Rules in spring and autumn each year so the change may be just around the corner.

    >>> Tribunal guidance on raising long residence during appeals process: https://www.bailii.org/uk/cases/UKUT/IAC/2019/65.html

    The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system.

    The headnote:

    "Human rights appeals

    (1) In a human rights appeal under section 82(1)(b) of the Nationality, Immigration and Asylum Act 2002, a finding that a person (P) satisfies the requirements of a particular immigration rule, so as to be entitled to leave to remain, means that (provided Article 8 of the ECHR is engaged), the Secretary of State will not be able to point to the importance of maintaining immigration controls as a factor weighing in favour of the Secretary of State in the proportionality balance, so far as that factor relates to the particular immigration rule that the judge has found to be satisfied.

    (2) The fact that P completes ten years’ continuous lawful residence during the course of P’s human rights appeal will generally constitute a “new matter” within the meaning of section 85 of the 2002 Act. The completion of ten years’ residence will normally have a material bearing on the sole ground of appeal that can be advanced in a human rights appeal; namely, whether the decision of the Secretary of State to refuse P’s human rights claim is unlawful under section 6 of the Human Rights Act 1998. This is because paragraph 276B of the Immigration Rules provides that a person with such a period of residence is entitled to indefinite leave to remain in the United Kingdom, so long as the other requirements of that paragraph are met.

    (3) Where the judge concludes that the ten years’ requirement is satisfied and there is nothing to indicate an application for indefinite leave to remain by P would be likely to be rejected by the Secretary of State, the judge should allow P’s human rights appeal, unless the judge is satisfied there is a discrete public interest factor which would still make P’s removal proportionate. Absent such factors, it would be disproportionate to remove P or require P to leave the United Kingdom before P is reasonably able to make an application for indefinite leave to remain.

    (4) Leaving aside whether P has any other Article 8 argument to deploy (besides paragraph 276B) and in the absence of any policy to give successful human rights appellants a particular period of limited leave, all the Secretary of State is required to do in such a case is grant P a period of leave sufficient to enable P to make the application for indefinite leave to remain. If P subsequently fails to make such an application, P will continue to be subject to such limited leave as the Secretary of State has granted in consequence of the allowing of the human rights appeal.

    Statements of additional grounds

    (5) A statement of additional grounds for the purposes of section 120 of the 2002 Act must be made in writing."

  3. #233
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    07 March 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

    >>> Home Office softens EU settled status requirements after charity’s legal action

    The Joint Council for the Welfare of Immigrants (JCWI) has settled its legal action with the government over the EU Settlement Scheme following changes to the system. The revisions address concerns that the detailed rules for the scheme would allow the Home Office to deny settled status to more EU citizens than previously thought, contrary to political commitments made since the Brexit referendum.

    The Home Office has made three concessions off the back of the litigation:

    - A previous decision to remove an EU citizen from the UK is no longer a mandatory reason to refuse settled status. Caseworkers may still deny settlement on this basis, but only where it is proportionate to do so. This change to the Settlement Scheme rules has already been made.
    - Officials will not refuse settled status because of a deportation order more than two years old without considering “whether there has been a material change of circumstances since the deportation order was made”. The deportation must continue to be “justified on the grounds of public policy, public security or public health”. This change has been embedded in guidance for caseworkers since 21 January.
    - The caseworker guidance will also be changed to confirm that EU citizens do not meet the threshold for removal from the UK “solely because they are a student or self-sufficient person who does not hold comprehensive sickness insurance”.

    The draft consent order — a court document stating the terms on which the case has been settled — also confirms that nobody will be refused settled status because they have not been working in the UK, or only working part-time. As with the comprehensive sickness insurance point, it is extremely surprising and a touch worrying that this needed official clarification. The government has consistently said that the only real qualification for settled status is residence in the UK.

    JCWI had begun legal action last year, saying that the detailed rules “require some EU citizens that they promised would be allowed to stay to be denied status”.

    The Public Law Project, which represented JCWI in the judicial review claim, says that the “during the litigation, the Home Secretary has adopted many of JCWI’s requests to make sure that the rules for settled status better reflects what the Government told everyone about the scheme, and results in more proportionate and fairer decision making”. JCWI “will pursue their outstanding concerns about the scheme via their campaign[ing] and policy work”.

    It has been a very good week for JCWI. On 1 March, the organisation won a comprehensive High Court victory in which the government’s Right to Rent scheme was held discriminatory and in breach of human rights law.

  4. #234
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    09 March 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

    >>> Bringing a surrogate born child into the UK ?

    You can use the following resources to understand how to bring a surrogate born child into the UK:

    - Nationality policy: surrogacy - https://assets.publishing.service.go...cy-v1.0EXT.pdf
    - UKBA Inter-country surrogacy and the immigration rules - https://assets.publishing.service.go...cy-leaflet.pdf
    - FCO Surrogacy Overseas - https://assets.publishing.service.go...7720/new_1.pdf

    >>> EU law “extended family members” get appeal rights under new regulations: http://www.legislation.gov.uk/uksi/2.../contents/made

    The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of Justice ruling allowing extended family members to avail of the Surinder Singh immigration route.

    What is an extended family member?

    An “extended family member” is the UK version of what in EU law is called an “other family member” in Article 3 of Directive 2004/38. There are broadly three types of extended family member:

    1. Dependants or members of the household of the EEA national who are dependent or members of household both before and after entry

    2. A relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner

    3. A partner in a “durable relationship” with the EEA national

    The free movement rights of extended family members are less strong than for direct family members such as spouses, children and dependent parents. For example, in the UK an extended family member must be granted a residence card in order to have full free movement rights.

    The regulations also implement the Court of Justice of the European Union ruling in C‑89/17 Banger v UK, also as of 28 March. This is mostly done by changing “family members” to “family members and extended family members” in various bits of Regulations 7 and 9 of the EEA Regulations 2016.

    Zambrano carers

    Zambrano carers etc will be able to apply for post-Brexit settled status. There is a technical change made to the EEA Regulations to cater for this. In force from 28 March 2019.

  5. #235
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    11 March 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: Settled and pre-settled status for EU citizens and their families: https://www.gov.uk/settled-status-eu...tent=immediate

    The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the EU (‘Brexit’): who’s eligible, how to apply, how much it costs.

    >>> UKVI Guidance: Visiting the UK after Brexit: https://www.gov.uk/guidance/visiting...tent=immediate

    What you’ll need to do to visit the UK after the UK leaves the EU on 29 March 2019, including whether you’ll need to apply for a visa.

    Corrected information about mobile roaming so that it now covers what happens if your SIM card was issued by a mobile phone network from an EEA country

    >>> Tier 1 (Investor) key changes:

    Under the New Rules, the key changes under the Tier 1(Investor) programme are:

    require investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present)
    require UK banks to confirm they have carried out the checks they are required to make before opening an investment account
    exclude investment in government bonds
    tighten the rules around investment in companies

    >>> UKVI Guidance: Points-based system: Tier 5 (Temporary Worker): https://www.gov.uk/government/public...tent=immediate

    Guidance for how UK Visas and Immigration considers applications as a Tier 5 Temporary Worker in the points-based system.

  6. #236
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    14 March 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

    >>> No, a visa application sent by post is not an “online application”, sighs judge: https://www.bailii.org/ew/cases/EWCA/Civ/2019/368.html

    A visa application form filled in on a computer, printed off and posted to the Home Office is not an “online application”. That is probably no surprise to anyone but the appellant in R (Shah) v Secretary of State for the Home Department [2019] EWCA Civ 368, who tried to argue that a “print and send” application for a student visa was actually an online application.

    Lord Justice Haddon-Cave thought that an “unreal” proposition:

    "In my view, it is quite clear that the “print and send” method used by the Appellant was the “specified application form” method under paragraphs A34-34D of the Immigration Rules and it was not an “on-line application”. The reasons are, frankly, obvious (a) from the face of the official website and the form, (b) from what in fact the Appellant did and (c) from a sensible reading of the Immigration Rules".

    >>> Irish citizens cannot get early release from prison via deportation: https://www.bailii.org/ew/cases/EWHC.../2019/488.html

    A deportation case with a twist: R (Foley) v Secretary of State for the Home Department [2019] EWHC 488 (Admin) involved an Irish citizen who requested deportation but was denied it. The judgments make the rationale for what seems an odd request maddeningly obscure, but the reason is simple: being deported means being released from prison earlier would otherwise have been the case.

    >>> Supreme Court: second or subsequent human rights claims do not attract automatic right of appeal: https://www.supremecourt.uk/cases/uksc-2017-0211.html

    The Supreme Court has finally laid to rest the argument that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014. They don’t, say their lordships. The meaning of “human rights claim” in section 82 as amended is to be read as “original human rights claim”. It follows that “protection claim” should be read in the same way.

  7. #237
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    15 March 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

    >>> Most recent Home Offiice's answers in relation to the New System application process

    Q: Can a Tier 1 (Investor) apply for extension and/or Settlement via a 24-hour service ?

    A: Tier 1 (Investors) applying for leave to remain and to extend their stay to indefinite leave to remain can make an online application for a standard 8-week consideration or a priority 10-day consideration. Also, Tier 1 (Investors) applying for settlement can also make an online application for a priority 10-day consideration. Priority 10-day considerations cost an additional fee of £477 which provides a faster consideration within 10-days of receiving the visa application, providing all the relevant evidence, including biometric (photograph and fingerprints) are submitted.

    Q: Can a Tier 1 (Entrepreneur) applicant for settlement get a decision within 24 hours (or any level of expedition)?

    A: At this moment Tier 1 (Entrepreneur) cannot apply for a priority 10 day or super priority 24 hour consideration.

    Q: Can children over 18 be added to the FLR(M), SET(M), SET(O) etc forms or should they apply separately ?

    A: Over 18 children can be added, but they need to have leave in that category already and not be living an independent life; if they do live an independent life, they need to submit the application in their own right.

    Q: Can I travel while my application is being considered ?

    A1: If you are applying for leave to remain, or indefinite leave to remain, you should not leave the UK until you have received a decision on your application. If you travel outside the “Common Travel Area” (CTA) before the decision is made on your application, your application will be treated as withdrawn.

    A2 If the decision is made while you are outside the UK and your current leave has expired, you will not have a right to return to the UK and you may be refused entry at the UK border.

    A3 In terms of stages, the application is only classed as withdrawn if the customer has received their passport back from UKVI, if they haven’t submitted it then the customer can travel without the application being withdrawn, however, they will need to be aware that having made an application does not give them an automatic right to re-enter the UK. If they have extant leave when they leave the UK then they can re-enter.

    Q: How much time do I have to enroll for the biometric from the date I submit my online application ?

    A: An applicant has up to 45 days to enroll for the biometric sine submitting the online application

    Q: Do I still need to bring my originals documents for the biometric appointment ?

    A: Applicants do not need to bring along the original supporting documents, however, applicants can choose to do so if they wish. All applicants must take their original travel document/passport to their appointment


    Q: How can I withdraw/cancel the application ?
    A: Use this link: https://www.gov.uk/cancel-visa

    Q: Can Tier 2/4/5 Employers apply for their licenses via the New Service ?
    A: Applications from organizations to become Tier 2/4/5 sponsors are not in scope for the new Front-End Service. Customers applying for this will continue to use the existing service. Currently there is not the functionality to upload the supporting evidence for these applications.

    >>> PhD-level jobs to be exempt from work visa quota: https://www.gov.uk/government/speech...ammonds-speech

    The government has announced some changes to the immigration system to give the impression that the UK is a welcoming and functioning country despite the ongoing chaos of Brexit.

    Chancellor Philip Hammond, giving a Spring Statement economic speech yesterday, said that PhD level jobs would be taken out of the cap on Tier 2 work visas and globe-trotting researchers made exempt from settlement rules that penalize lengthy absences from the UK.

    A written ministerial statement says:

    "From Autumn 2019, PhD-level occupations will be exempt from the Tier 2 (General) cap, and at the same time the government will update the immigration rules on 180-day absences so that researchers conducting fieldwork overseas are not penalized if they apply to settle in the UK.".

  8. #238
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    17 March 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

    >>> Tech Nation to endorse new innovator and start-up visas… but not until September 2019

    The government announced on 7 March that two new immigration categories will appear in the Immigration Rules from 29 March 2019 — the innovator and start-up visas.

    Since then, lawyers and prospective applicants have been eagerly waiting to see who the endorsing bodies will be. (An application for a visa in either category cannot be made until the business idea has been assessed by an approved endorsing body and they have agreed to officially endorse the applicant.)

    It came as no surprise that the Tech Nation will be one of those endorsing bodies. The technology network is already an endorsing body for applicants applying under the tech arm of the Tier 1 (Exceptional Talent) visa.

    Interestingly, the Tech Nation won’t be providing any endorsements for anyone applying under the innovator or start-up routes until September 2019, according to their web-site. This means that Tech Nation will not be issuing endorsements until some time after applications for visas can be made (which appears, from the wording of the Statement of Changes, to be from 1 August 2019).

    In September 2019, Tech Nation will begin processing endorsement applications on behalf of digital technology entrepreneurs for both of these new routes, building upon our successful operation of the Tier 1 Exceptional Talent visa and extending our support for international entrepreneurs wishing to establish their tech business in the UK.

    Hopefully the other endorsing organization will be announced soon, too.

    >>> Judge suspends Home Office removals policy: http://www.medicaljustice.org.uk/hig...thout-warning/

    The High Court has suspended the Home Office’s removals policy with immediate effect. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for at least the next few weeks.

  9. #239
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    22 March 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

    >>> Family reunion - Asylum policy guidance on family reunion applications: https://www.gov.uk/government/public...on-instruction

    Updated guidance

    >>> Clarification of the start-date of Start Up and Innovator visas

    The Home Office have confirmed that the start date of the new Start Up and Innovator categories is in fact 29 March.

    The Home Office also confirmed that it is not parts W2-W4 of the Appendix that come into force on 1 August but part W2-W4 of the Statement of Changes relating to a small change to the definition of higher education institutions.

    "Go figure" (c)

    >>> Making it harder for Turkish citizens to settle in the UK is for their own good, judge says: https://www.bailii.org/ew/cases/EWHC.../2019/603.html

    In March 2018, the Home Office stunned the Turkish community by abolishing the route to settlement in the UK that had existed under the Ankara Agreement. It did issue replacement rules for Turkish businesspeople to get indefinite leave to remain a few months later, but these were more stringent than what had existed before. Applicants can now only get settlement after five years (it had been four), must pay an application fee (£2,389) and pass an English language test.

    A group of Turkish citizens already living in the UK challenged this retrospective change in R (Alliance of Turkish Businesspeople Ltd) v Secretary of State for the Home Department [2019] EWHC 603 (Admin). They contended that the Home Office had pulled the rug from under them: in legal terms, that they had a legitimate expectation of getting indefinite leave to remain under the old rules when they decided to come and live in the UK. The group argued that frustrating this expectation was so unfair as to be unlawful.

    The High Court, in a decision handed down on Monday, accepted that there was a legitimate expectation there but held that frustrating it was justified.

  10. #240
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    28 March 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

    >>> Home Office launches seven new appointment centres for complex cases: https://www.gov.uk/government/news/d...mplex-cases--2

    The Service and Support Centres (SSC) will provide a free service for those who may be in a position of vulnerability or who may have complex circumstances and would therefore benefit from an enhanced service.

    Experienced UKVI staff will provide a face to face service and help people throughout their immigration application. The hands-on service will help make sure the right information and evidence is captured, so that individuals apply under the route most appropriate for their circumstances. The centres may be accepting applications under the following categories:

    -applying under a family route
    -applying to join as a dependant
    -applying for family reunion
    -applying on the basis of statelessness
    -who qualify for a fee waiver or fee exemption
    -applying under the domestic violence route
    -making further submissions after a failed asylum claim
    -who are required to only enrol their biometric information

    The SSCs will be in Belfast, Cardiff, Croydon, Glasgow, Liverpool, Sheffield and Solihull.

    Immigration Minister Caroline Nokes said:

    "I want an immigration system which is flexible and a key part of that is to make sure we provide enhanced support to those who need it.

    These new centres will have experienced staff on hand to help guide people through the process so that they can get any support they may need, but importantly to help make sure they provide the right information first time.".

    The hands-on support at the new centres will help reduce the number of instances where further information is requested, as staff will help people understand what information and evidence they need to provide.

    People with exceptional circumstances, such as serious medical issues or destitution, may also qualify for travel assistance or mobile services.

    The online application will intuitively lead the person through the process making it clear what they need to do, what supporting evidence they will need and where they will need to go to complete their application.

    The service will also be open to a range of people, including those who are applying based on family or private life or if they have been granted a fee waiver.

    >>> UKVI Guidance: EU exit: eligibility arrangements to access public funds after free movement ends if there is no deal: https://www.gov.uk/government/public...ere-is-no-deal

    Guidance detailing eligibility requirements to access public funds that will apply in a no deal scenario for EEA and Swiss nationals who arrive after the UK exits the EU.

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