UK & EEA Immigration Lawyer & Advocate

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

  1. #451
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    12 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> UK immigration appeals statistics: https://www.gov.uk/government/statis...tent=immediate

    The number of immigration appeals decided by the First-tier Tribunal has fallen almost 70% over the past decade, new Home Office statistics show.

    The 10 years since the tribunal was set up, replacing the old Immigration Appeals tribunal, has seen the number of cases fall from over 160,000 in its first year of operation to 50,000 last year. Put another way, First-tier Tribunal judges decided less than one third the number of cases in 2019/20 than they did in 2010/11. The number of appeals lodged, rather than decided, follows a similar trend.

    The Upper Tribunal has also recorded a record low number in the number of appeals decided, at 5,000 cases. That compares to 7,000 a decade ago and 8-9,000 for most years in between. It is also deciding far fewer judicial review cases than a few years back.

    Exactly 50% of all appeals in the First-tier Tribunal succeeded last year, in line with the recent trend. Each of the main categories of appeal — asylum, human rights and EEA free movement — had around the same success rate. In previous years, asylum appeals were more likely to fail than the other types, but all have now converged on close to 50%.

    Waiting times for an appeal decision have continued to fall. It used to take a year, but in the last quarter stood at 28 weeks. This is unlikely to survive the coronavirus pandemic.

  2. #452
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    12 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> Planning Article 10 "visa-free" entry into the UK ? Beware !

    See https://www.tripadvisor.com/ShowTopi...d_Kingdom.html

    This is not an isoltaed incident. We have had a number of caller reporting being turned back at the UK borders.

    You have been warned.

    Unsure of what to do ? The Legal Centre can help and advise you accordingly: https://legalcentre.org/Initial-Consultation.html

    >>> I have a pending appeal yet I have now reached the 10 years of lawful residence in the UK. Can I apply for ILR now ?

    The long residence Rules: https://www.gov.uk/government/public...long-residence

    The quote:

    "The applicant completes 10 years continuous lawful residence while awaiting a decision of an appeal

    A person may complete 10 years continuous lawful residence whilst they are awaiting the outcome of an appeal and submit an application on this basis. Under sections 3C and 3D, it is not possible to submit a new application while an appeal is outstanding. However, the applicant can submit further grounds to be considered at appeal.

    If the applicant has an outstanding appeal against a decision to refuse leave to remain or indefinite leave to remain, and submits an application for long residence, you must void the long residence application and refund the fee. You must create a file or sub-file and mark it ‘PRIORITY’. You must send the file or sub-file to the presenting officers unit (POU) dealing with the appeal. You must send a letter to the applicant or their representative informing them their application has been linked with their outstanding appeal. You must use Doc Gen letter ICD.3207 for this purpose.

    If the appeal is against a decision to curtail or revoke, and the immigration decision was made on or after 31 August 2006, you must follow the same process but you must use Doc Gen letter ICD.3258."

  3. #453
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    >>> Immigration Appeals to be lodged online and be conducted via video links: https://www.judiciary.uk/publication...d-19-pandemic/

    The Statement states that all appeals to the First-tier Tribunal must be lodged online using the MyHMCTS portal, unless it is not reasonably practicable or the case falls within a list of exceptions.

    There are three annexes to the new practice statement:

    Directions on cases lodged using MyHMCTS
    Different directions on cases not lodged using MyHMCTS
    Directions for appellants with no lawyer

  4. #454
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    17 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> Extended family members can’t have any breaks in dependency on EU sponsor: https://www.bailii.org/uk/cases/UKUT/IAC/2020/188.html

    The Upper Tribunal has confirmed that extended family members need to show there has not been a break in their dependency on their EU citizen sponsor.

    The official headnote

    "The words “and continues to be dependent” in regulation 8(2)(c) of the Immigration (European Economic Area) Regulation 2006, properly characterised, require an applicant to establish that there has not been a break in their dependency on the EEA national sponsor."

    Whats next ?

    This decision is likely to have quite a damaging impact on the rights of extended family members. In effect, once you arrive in the UK, you are expected to be immediately dependent or residing with the EU citizen sponsor (even if you are on a different category of visa). That fallacy throws out so many questions:

    - What would stop an extended family member from leaving the UK and entering again solely to meet the definition of joining their EU national sponsor and then becoming dependent?
    - Does this mean that most other extended family members who are on a different type of visa will be prevented from applying for a residence card from within the UK? Almost all categories of visas would require evidence of having suitable accommodation and being able to maintain oneself without recourse to public funds. If, for example, a foreign national student in London was living here with his parents paying his fees, and he later decides to move in with his EU national brother, he would be prevented from applying because he would not have been able to show dependency or residence with his brother from the moment he arrived in the UK.
    - What happens if an extended family member takes up a temporary job for a month and didn’t rely on family support? Would they stop qualifying? What constitutes a “break in dependency”?

    And while the judgment is about the EEA Regulations, it also has implications for extended family members who are looking to apply for pre-settled or settled status. Under the rules in Appendix EU, a “dependent relative” needs to have a “relevant document” (basically a residence card or a permanent residence card). Those documents can only be issued under the EEA Regulations — so if prevented from qualifying for them, dependent relatives are essentially shoved out of the EU Settlement Scheme as well.

  5. #455
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    Сегодня, 19-09-2020, появилась возможность взять слоты для сдачи биометрики с 29-06-2020 в TLS центрах России.

    Обратите внимание !

  6. #456
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    25 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> CJEU: permanent residence card exempts family member from visa requirements: http://curia.europa.eu/juris/documen...=1&cid=5945167

    In the case of C‑754/18 Ryanair the Court of Justice of the European Union has concluded that a non-EU national who holds a permanent residence card from one EU state, is under EU law, exempt from any domestic law requirement to hold a visa to enter another EU state. The judgment effectively overrules the Court of Appeal judgment in Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899.

    The CJEU reaches this conclusion despite there being no express provision to this effect in Directive 2004/38: only a residence card is specifically mentioned. This was no barrier to the CJEU, which considered it absurd and counterproductive for one of the benefits of a residence card to be lost when the status is upgraded to permanent residence.

    The court also finds that other member states must accept a permanent residence card issued in a different member state as proof that status is genuinely held. This runs contrary to the current Home Office interpretation of the significance of possessing residence documentation issued in EU countries.

    The judgment is an important one for airlines and for passengers, given that carrier liability laws were until now effectively forcing airlines to deny boarding to non-EU family members with permanent residence cards and no visa.

    >>> Judge intervenes to end Home Office dithering over bail accommodation: https://www.bailii.org/ew/cases/EWHC...2020/1479.html

    In the case of Merca v SSHD [2020] EWHC 1479 (Admin) the High Court ordered the Home Office to release the claimant within four days. One week and two extension of time requests later, the Home Office has now complied with that order.

    This was all too quick for the authorities to get organised and unsurprisingly the Home Office applied twice for extensions of time – both times blaming probation. After the second extension application, probation confirmed the address as suitable and the claimant was released.

    While not a hugely significant case, it’s encouraging to see the High Court taking a proactive approach to accommodation delays, particularly where probation services are involved. The decision may also be instructive for future “grace period” cases where delays are down to failures in coordination between the Home Office and probation.
    Последний раз редактировалось Advocate; 25.06.2020 в 10:10.

  7. #457
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    25 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber)

    >>> CJEU: permanent residence card exempts family member from visa requirements: http://curia.europa.eu/juris/documen...=1&cid=5945167

    In the case of C‑754/18 Ryanair the Court of Justice of the European Union has concluded that a non-EU national who holds a permanent residence card from one EU state, is under EU law, exempt from any domestic law requirement to hold a visa to enter another EU state. The judgment effectively overrules the Court of Appeal judgment in Ryanair v Secretary of State for the Home Department [2018] EWCA Civ 899.

    The CJEU reaches this conclusion despite there being no express provision to this effect in Directive 2004/38: only a residence card is specifically mentioned. This was no barrier to the CJEU, which considered it absurd and counterproductive for one of the benefits of a residence card to be lost when the status is upgraded to permanent residence.

    The court also finds that other member states must accept a permanent residence card issued in a different member state as proof that status is genuinely held. This runs contrary to the current Home Office interpretation of the significance of possessing residence documentation issued in EU countries.

    The judgment is an important one for airlines and for passengers, given that carrier liability laws were until now effectively forcing airlines to deny boarding to non-EU family members with permanent residence cards and no visa.
    Антон, значит ли это, что моя мать, гражданка России, имеющая постоянный вид на жительства в эстонии, теперь может приехать ко мне в гости без визы, только по виду на жительство, как она ездит по шенгену?

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