UK & EEA Immigration Lawyer & Advocate

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

  1. #621
    Давно Тут! Аватар для Advocate
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    22 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)

    >>> UK visa fees: https://www.gov.uk/government/public...es-1-july-2021
    Updated Home Office immigration and nationality fees from 1 July 2021.

    >>> Terms and conditions for booking and taking the Life in the UK Test: https://www.google.com/url?sa=t&rct=...ScHg5ugM4s49hx

    Updated Identification requirements guidance.

  2. #622
    Давно Тут! Аватар для Advocate
    Регистрация
    14.02.2011
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    UK
    Сообщений
    3,808
    23 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)

    >>> Latest on Zambrano carers and the EU Settlement Scheme: https://www.bailii.org/ew/cases/EWHC...2021/1535.html

    On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying.

    With the deadline to apply under the EU Settlement Scheme around the corner, on 30 June 2021, potential Zambrano carers are in a difficult position. Ms Akinsanya did ask the High Court to order an extension to the deadline so that people affected by this ruling have more time to work out what to do. The result is a consent order, dated 17 June, in which the Home Office has agreed to accept Zambrano applications after the usual deadline. But in many cases it will still be best to submit an application before 30 June if possible.

    Full text of the consent order in Akinsanya


    UPON the Court having given judgment on 9 June 2021 allowing the Claimant’s claim for judicial review;

    AND UPON the Court having adjourned the Claimant’s application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

    AND UPON the Claimant’s application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

    AND UPON the Secretary of State confirming that:

    a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules (“Appendix EU”);

    b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside (‘Zambrano application’) and is affected by the Court’s judgment, until after she has completed her reconsideration of Appendix EU;

    c. In paragraph (a)(v) of the definition of ‘required date’ in Annex 1 to Appendix EU the reference to “limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated” includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

    d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

    e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of ‘required date’ in Annex 1 to Appendix EU, to have reasonable grounds for the person’s failure to make that application at the earlier date relevant under that definition;

    f. In accordance with paragraph (c) of the definition of “EEA Regulations” in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

    g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

    h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

    i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

    IT IS ORDERED BY CONSENT THAT:

    1. The Claimant’s application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

    2. The hearing listed for 17 June 2021 is vacated.

    3. The Claimant’s application for further quashing relief is stayed pending determination of the Defendant’s application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

    4. There shall be no order as to costs, save that there be a detailed assessment of the Claimant’s costs for the purposes of public funding.

    5. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

    Dated this 17th day of June 2021

    >>> Criminals being deported can’t be transferred to an open prison: http://www.bailii.org/ew/cases/EWCA/Civ/2021/898.html

    R (Akbar) v Secretary of State for Justice [2021] EWCA Civ 898 was a challenge to the Prison Rules 1999, one of which says that a prisoner who is being deported and has run out of appeals “must not be classified as suitable for open conditions”. The challenge was unsuccessful.

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