UK & EEA Immigration Lawyer & Advocate

Страница 62 из 62 ПерваяПервая ... 1252606162
Показано с 611 по 620 из 620

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

  1. #611
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    02 June 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)

    >>> Some can still switch in-country under the just extended COVID19 concession: https://www.gov.uk/guidance/coronavi...oure-in-the-uk

    If you’re in the UK

    You are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. You are allowed to access Visa and Immigration services as these are considered an essential public service and will continue to operate safely under local and national restrictions.

    If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires by 30 June 2021 you may request additional time to stay, known as ‘exceptional assurance’.

    Please submit your request for an exceptional assurance by emailing the CIT with the following details:

    -full name
    -date of birth
    -nationality
    -Home Office, GWF or any other reference number
    type of visa
    -expiry date of visa
    -reason for request
    -evidence of flight or evidence showing reason you can’t leave

    The subject header of your email should read “Request for an assurance”.

    In your email you should attach evidence to show why you cannot leave the UK. For example, if you can’t leave the UK because you can’t find a flight before your leave/visa expires, you’ll need to submit a copy of a confirmed flight ticket. If you can’t leave the UK because you have coronavirus, you’ll need to submit confirmation of your positive coronavirus test result.

    During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa.

    If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home.

    If you’ve already been given assurance but your circumstances have changed or you’re unable to leave the UK by the assurance date previously given, you must reapply using the process above. You will need to clearly state that you’re making a subsequent application. You’ll be asked to provide new supporting evidence.

    If you intend to stay in the UK

    In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK.

    You can make an application for permission to stay in the UK if you hold permission in a route that would normally allow you to do so, or if your current permission or visa expires before 1 July.

    You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee. You will not be able to apply for a route for which there is no provision in the Immigration Rules for making an in-country application, such as T5 Youth Mobility Scheme, or Adult Dependant Relative.

    The terms of your current permission will remain the same until your application is decided. If you are switching into work or study routes you may be able to commence work or study whilst your application is under consideration, depending on the terms of your current permission.

    You are also able to apply for permission to stay to remain in the UK if you have been issued with an ‘exceptional assurance’. You must submit your application before the expiry of your ‘exceptional assurance’.

    If you have overstayed your leave

    If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period. However, if you have not applied to regularise your stay or submitted a request for an exceptional assurance you must make arrangements to leave the UK.

    >>> The new Graduate Route - het ready for the digital immigration status doucument

    It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019.

    >>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General)

    The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.

  2. #612
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    02 June 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)

    >>> The new Graduate Route - het ready for the digital immigration status doucument

    It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019.

    >>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General)

    The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.

  3. #613
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    04 June 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)

    >>> Home Office to publish new EUSS Covid-19 guidance

    Note the important information on absences:

    "This follows Here for Good’s successful legal challenge. The guidance was withdrawn by the Home Office on 6 May 2021, with the Home Office initially indicating that they would publish the revised guidance by 31 May 2021. On 27 May 2021 the Home Office wrote to the Court (and Bindmans) informing them that their new guidance would not be published by the 31 May 2021, but that they would aim to publish the revised guidance by 11 June 2021.

    Since 7 May 2021, Here for Good have been pushing for the Home Office’s consent to share the content of the Acknowledgement of Service from their judicial review challenge. This consent has finally been provided. The Home Office's proposals for the revised guidance are set out below in an extract from the Acknowledgement of Service. Here for Good hope that this will give clarity to those previously uncertain about their future and concerned about the impending application deadline of 30 June 2021.

    ‘11. This review has now been completed and the following changes and/or clarifications are going to be made to the Policy:

    (a) EEA citizens who have been absent from the UK for a period of up to 12 months because of COVID-19 are permitted to rely on that absence being for an important reason. The revised guidance will confirm that the EEA citizen does not themself have to be or have been ill with COVID-19. It will clarify that those self-isolating or shielding in accordance with local public health guidance, those caring for family members affected by the virus, or those unavoidably prevented from returning to the UK in time due to travel disruption are also permitted to rely on that absence being for an important reason;

    (b) EEA citizens who were already absent from the UK for an important reason and were forced to exceed the 12-month maximum permitted absence because of COVID-19, as described in the preceding sub-paragraph, will be permitted to exceed that maximum period of absence, without breaking their continuity of residence, for as long as they are absent from the UK because of COVID-19, again as described in the preceding sub-paragraph. Any absence from the UK beyond the 12-month maximum will not, however, be counted as residence in the UK for the purposes of qualifying for settled status;

    (c) EEA citizens who, as is allowed for any reason, intended to be absent from the UK for no more than six months will be permitted to have a single absence of up to 12 months treated as being for an important reason, and thereby not break their continuity of residence, where they have not returned to the UK within six months because of COVID-19, as described in sub-paragraph (a) above;


    (d) EEA citizens who have already had an absence of up to 12 months for an important reason and need to rely on a second period of absence of up to 12 months for such a reason, will be permitted to have a second such absence without breaking their continuity of residence, where one of those absences is because of COVID-19, as described in sub-paragraph (a) above. Again, while this second absence will not break the person’s continuity of residence, it will not be counted as residence in the UK for the purposes of qualifying for settled status.

    12. Given that points (b), (c) and (d) in the preceding paragraph are outside the scope of the current drafting of Appendix EU to the Immigration Rules, the Defendant confirms that a concession outside the Rules will be made available until the changes can be reflected in Appendix EU itself by way of a Statement of Changes in Immigration Rules (expected in Autumn 2021).

    13. A concession made outside the Immigration Rules in this manner will necessitate the publication of new detailed guidance, outlining both the policy position and the way in which an EEA citizen may avail themselves of it. As a result, the guidance document published on 15 December 2020 will be withdrawn and replaced. The Defendant intends to publish the new guidance, including on the concession outside the Rules, as soon as possible – and will seek to do so by 31 May – to ensure that EEA citizens are provided with certainty as to their residence rights in the UK well before the end of the grace period on 30 June."

  4. #614
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    07 June 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)

    >>> Coronovirus and the UK Immigration: https://www.gov.uk/government/collec...on-and-borders

    - Visitors no longer can switch in-country into a Student Visa route

    - People stuck outside of the UK: Those who already had indefinite leave to remain but have now been outside the UK so long that it has lapsed will have to apply for a returning residents visa and pay the usual fee, but have most of it refunded.

    >>> Long residence Guidance: https://www.google.com/url?sa=t&rct=...5YU2VWvE2pARIq

    Updated immigration staff guidance on how to consider applications from people applying on the basis of long residence in the UK.

    >>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-yo...nt=immediately

    Updated Guidance

  5. #615
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    08 June 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)

    >>> Home Office Business Helpdesk clarification on the Garden Leave

    From the UK BA:

    "Q: If an individual is to be placed on Garden leave, how do we make such an update on the SMS (there is no category for such a change)?
    A: As there is no specific option for this, please choose any option and then clarify in the free text box.
    Q: Please confirm that the individuals leave will not be curtailed, as they will still be in receipt of a salary whilst on Garden leave?
    A: Providing that the sponsor does not report that they are no longer sponsoring the worker, then curtailment should not happen.
    Q: Please confirm if the individual will be able to receive a reduced salary whilst on Garden leave?
    A: This would only be permitted if it meets the exceptions shown in the Sponsor Guidance-Please see Paragraph S4:16

    Part 2: Sponsor a worker – general information (publishing.service.gov.uk)

    Business Helpdesk

    Cross-Cutting Operations (CCO) UK Visas & Immigration Home Office"

    >>> Game-changer for Sri Lankan Tamil activists seeking asylum in the UK: https://www.bailii.org/uk/cases/UKUT/IAC/2021/130.html

    The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur place activities”. GJ was a complicated and often seemingly contradictory decision with a headnote that led many asylum claims from Tamil activists to fail. KK and RS changes all that.

  6. #616
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    09 June 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)

    >>> May a marriage by proxy be acceptable by the Home Office ?


    The answer is "Potentially", according to the following UK case-law: https://www.bailii.org/uk/cases/UKAI...135212016.html

  7. #617
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    10 June 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)

    >>> Can you get compensation if an immigration officer acts unlawfully?

    See https://www.bailii.org/scot/cases/Sc...v/2021/15.html

    This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15.

    In short, the answer to the question posed above – does the Home Office need to pay damages when an immigration officer acts unlawfully? – is, in this context, yes.

    This doesn’t mean that damages can be claimed following every successful judicial review of a Home Office decision. The answer would be different if there was no analogous tort/delict. It would depend on what the unlawful act actually was. In this case it was detention of vessels, which is a recognised delict, and therefore gives rise to liability.

    >>> Rehabilitative work in the community no barrier to deportation: https://www.bailii.org/ew/cases/EWCA/Civ/2021/788.html

    In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation.

    Not a great deal, concluded Lord Justice Lewis, giving the unanimous judgment of the court.

  8. #618
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    11 June 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)

    >>> Can I enter the UK (as a US, Canadian or Australian citizen) before my Entry Clearance (Skilled Worker etc) visa validity date ?

    The answer is probably "Not recommended", because under the Section 30C (https://www.gov.uk/guidance/immigrat...tryclearance):

    "An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance."

    >>> You can now get an EU Settlement Scheme application form by email

    From the Home Office:

    "With effect from Wednesday 9th June 2021 it is now possible to request paper application forms from the SRC [Settlement Resolution Centre] to be sent via email, this will hopefully speed up the process.

    In addition to this, if required, it is also possible to submit a paper form via email, although this needs to be specifically requested when requesting the paper application.

    Any bulk requests (no more than 10 per sheet) should be sent using the attached spreadsheet [here] with all required columns completed to EUSSGrants@homeoffice.gov.uk."

    >>> High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful: https://www.bailii.org/ew/cases/EWHC...2021/1535.html

    In a welcome judgment handed down a few days ago, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules. Up to now, the Home Office had been refusing to grant Appendix EU status to Zambrano carers who already had some kind of permission to remain (typically as a parent under Appendix FM)

  9. #619
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    21 June 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)

    >>> New Graduate route to open from 1 July 2021

    The new Graduate route will open for applications on 1 July 2021. Eligible students holding a Tier 4 or Student visa valid on or after 1 July 2021 will have the opportunity apply to stay in the UK for 2 years (3 years for doctoral students) to work or seek employment.

    >>> Visa extensions for health workers during Covid

    The 12-month visa extensions for health workers which were introduced last year have now been extended for a further 6 months until 30 September 2021. This includes overseas recruits whose leave expires between 1 April 2021 and 30 September 2021.

    >>> Digital status guidance for those with EUSS status: https://www.gov.uk/government/public...ssible-version

    View and prove your immigration status (eVisa)

    From 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme will need to evidence their rights in the UK with their immigration status (for example, their permission to work). EU, EEA and Swiss citizens who have applied for a UK visa (including permission to stay) using the ID Check app or by visiting a Visa Application Centre are also granted an immigration status.
    A new (eVisa) has been published. It explains how people can view and prove their immigration status, how to update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.

    Note the Home Office's statement about the need for EU citizens with ILR to have BRC cards:

    “Those with indefinite leave to enter or remain

    EU, EEA and Swiss citizens with indefinite leave to enter or remain will, from 1 July 2021, need to evidence their rights in the UK in the same way as non-EU, EEA and Swiss citizens. You can do this by relying on Home Office documentation such as an endorsement / vignette in your passport stating ‘indefinite leave to enter or remain’ or ‘no time limit’, or by producing a valid BRC/P. “

    Did the Home Office really mean it ? If so, the Home Office will be swamped by the amount of BRC applications from the EU citizens.

    >>> EU Settlement Scheme closes on 30 June

    Information for employers on checking EU, EEA and Swiss citizens’ right to work from 1 July 2021 has been updated on GOV.UK.

    A person’s existing EU law rights will continue to be protected, pending the outcome of an application to the EUSS made by 30 June 2021. Complete online applications are generally decided within a week.

  10. #620
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
    Адрес
    UK
    Сообщений
    3,803
    21 June 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)

    >>> Can you confirm whether applicants who were not exercising treaty rights before the end of the transition period would still be protected by Section 3c Leave (or the equivalent of 3c leave) while their EUSS application is pending?

    From the Home Office:

    "A The rights of those EU citizens and their family members who were lawfully resident at the end of the transition period and who, from 1 July 2021, have a pending application under the EUSS made by the deadline, or an appeal against the refusal of an application submitted by then, will be protected until it is finally determined. This is provided for by The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. As the EUSS does not verify exercise of Treaty rights, in practice all “in-time” applicants will be treated the same. This means an individual undergoing an eligibility check while the outcome of an application under the EUSS is pending, will be in the same position in respect of access to accommodation, work, benefits and services as they were before the grace period ended. Where needed, the Home Office will be able to confirm whether an application is pending.

    Where an in-time application to extend or vary leave is made under the EUSS (for example, an application to upgrade from pre-settled to settled status) and the application is not decided before the person’s existing leave expires, section 3C of the Immigration Act 1971 applies automatically and extends the person’s existing leave until the application is decided (or withdrawn)."

Страница 62 из 62 ПерваяПервая ... 1252606162

Социальные закладки

Социальные закладки

Ваши права

  • Вы не можете создавать новые темы
  • Вы не можете отвечать в темах
  • Вы не можете прикреплять вложения
  • Вы не можете редактировать свои сообщения
  •