UK & EEA Immigration Lawyer & Advocate

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

  1. #561
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    22 February 2021 – 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)7791145923 (WhatsApp/Viber)

    >>> Continuous Residence Guidance: https://www.gov.uk/government/public...uous-residence

    Immigration staff guidance on assessing and calculating the continuous residence requirements under Appendix Continuous Residence.

    >>> Visa decision waiting times: applications inside the UK: https://www.gov.uk/guidance/visa-dec...-inside-the-uk

    >>> Grace period for overstayers cannot be relied on twice: https://www.bailii.org/ew/cases/EWCA/Civ/2021/184.html

    The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184.

  2. #562
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    23 February 2021 – 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)7791145923 (WhatsApp/Viber)

    >>> Upper Tribunal guidance on credible documentary evidence: https://www.bailii.org/uk/cases/UKUT/IAC/2021/33.html

    The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants.

    The tribunal has also clarified the circumstances in which Home Office must make enquiries to verify an appellant’s documentary evidence before rejecting it as false (a ‘verification obligation’). In cases where the verification obligation arises, but the Home Office doesn’t do anything to verify the document’s authenticity, any complaints about whether the document is genuine will be ignored by the tribunal.

  3. #563
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    24 February 2021 – 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)7791145923 (WhatsApp/Viber)

    >>> Supreme Court to hear appeal on EU citizens’ access to benefits: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1741.html

    An update on the Fratila case, which in December 2020 saw the Court of Appeal hand down a very significant decision improving access to benefits such as Universal Credit for EU citizens with pre-settled status. A stay on that decision (i.e. it didn’t take legal effect) was in place until 26 February 2021 while the government considered an appeal. Permission for that appeal has now been granted by the Supreme Court and the stay extended until it is resolved.

    The Court of Justice of the European Union is also due to consider the same legal point, after a case was referred to it on 30 December 2020 by a tribunal in Northern Ireland. That could complicate things: the Supreme Court may, for example, want to wait for that decision before handing down its own. On the other hand, the EU case could represent a second bite at the cherry should the Supreme Court side with the government: “the CJEU’s ruling on a reference made by a UK court or tribunal (just) before the end of transition, will be binding on all UK courts”.

  4. #564
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    02 March 2021 – 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)7791145923 (WhatsApp/Viber)

    >>> Lengthy absences from the UK can put EU settled status at risk

    People with pre-settled status, in particular, need to be aware of the absence rules. If they have been outside the UK for more than six months in any 12-month period, they will now only be able to upgrade to settled status if they returned to the UK before 31 December 2020.

    You have been warned.

  5. #565
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    04 March 2021 – 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)7791145923 (WhatsApp/Viber)

    >>> Immigration measures in the 2021 Budget: https://www.gov.uk/government/news/b...u-need-to-know

    The UK Government intends to introduece new routes (aka HSMP/Tier 1 (General) and modify the existing route (Innovator, Global Talent etc)

    Namely:

    " 2.140 High-skilled migration – The government is modernising the immigration system to help the UK attract and retain the most highly skilled, globally mobile talent – particularly in academia, science, research and technology – from around the world. This will drive innovation, and support UK jobs and growth. To do this, the government will:

    • introduce, by March 2022, an elite points-based visa. Within this visa there will be a ‘scaleup’ stream, enabling those with a job offer from a recognised UK scale-up to qualify for a fast-track visa

    • reform the Global Talent visa, including to allow holders of international prizes and winners of scholarships and programmes for early promise to automatically qualify

    • review the Innovator visa to make it easier for those with the skills and experience to found an innovative business to obtain a visa

    • launch the new Global Business Mobility visa by spring 2022 for overseas businesses to establish a presence or transfer staff to the UK

    • provide practical support to small firms that are using the visa system for the first time

    • modernise the immigration sponsorship system to make it easier to use. The government will publish a delivery roadmap in the summer

    • establish a global outreach strategy by expanding the Global Entrepreneur Programme, marketing the UK’s visa offering and explore building an overseas talent network"


    Special treatment for fast-growing “scale-up” companies — the evolved form of a “start-up” — was trailed ahead of the Budget and seems to be aimed at financial technology companies specifically. The Kalifa Review of the UK’s offer to fintech firms, published last week and strongly endorsed by the Treasury, recommended:

    "A ‘Fintech Scaleup Stream’ within the Global Talent (or proposed Unsponsored) route… Those with a job offer at the required skills level (RQF6) from a recognised UK fintech scaleup would automatically qualify for the Fintech ScaleUp Stream under either the Global Talent, or proposed Unsponsored Route, without the need for third party endorsement. This would be a world-leading offering and would position the UK as the top destination for the most globally talented in the sector."

    It sounds as though the government has plumped for making the “scale-up stream” a subset of a new unsponsored route rather than Global Talent. The broader “elite points-based visa” that it would sit within sounds like a reference to the proposed revival of an unsponsored work route, similar to the old Highly Skilled Migrant Programme (HSMP), that was mooted but kicked into the long grass last year. Then again, the requirement for a job offer is an odd fit for an “unsponsored” route, so the one will have to see how this shakes out. Perhaps the one will end up with a halfway house, where the scale-up visa application will require proof of a job offer but the employer won’t need a full-on sponsor licence.

    Reviewing the Innovator route is welcome as it has so far been a disaster. Sorting out a visa that overseas entrepreneurs don’t laugh at in disbelief is probably a necessary condition for successfully “marketing the UK’s visa offering” as mentioned in the final bullet point. Likewise, expanding eligibility for Global Talent is a positive step, although it’s only a year since the last “reform” of this route.

    Finally, the “new Global Business Mobility visa” sounds like a rebrand of the Representative of an Overseas Business route.

    None of this will happen today or tomorrow; the one can expect the changes to be implemented via statements of changes to the Immigration Rules in the usual way.

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