UK & EEA Immigration Lawyer & Advocate

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

  1. #581
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    12 April 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)

    >>> ATAS requirement - Skilled Worker route

    Some applicants applying for entry clearance or permission to stay from 21 May 2021 will need to obtain an Academic Approval Technology Scheme (ATAS) certificate from the Counter-Proliferation and Arms Control Centre of the Foreign, Commonwealth and Development Office before they make their application. This is known as the ‘ATAS requirement’.

    The ATAS requirement applies where the worker is not an exempt national and will be working in a job in a relevant occupation code which includes an element of research at PhD level or above in certain sensitive subject areas whose knowledge could be used in programmes to develop Advanced Conventional Military Technology (ACMT), weapons of mass destruction (WMDs) or their means of delivery.

    >>> Sponsor licence inspection visits back on

    UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application.

    >>> Late applications to the EU Settlement Scheme

    From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after that deadline, but they must have “reasonable grounds to apply late”. Clarity on what grounds might be considered reasonable was lacking until 1 April 2021, when the Home Office released guidance on how it will deal with late applications: pages 26 to page 44 of the main caseworker guidance.

    Since the Home Office also requires those with pre-settled status to make a further application in order to upgrade to settled status, this guidance also applies to those who fail to upgrade before their pre-settled status expires. It also applies to family members joining an EU citizen sponsor via the family permit route, and to a few other scenarios.

    That said, there is still time to apply for a Pre-Settled, Settled status AND change (non-EEA migrants) an "old style" Biometric Residence Card (BRC).

    Talk to us, the Legal Centre, as we can help you: https://legalcentre.org/Initial-Consultation.html

  2. #582
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    19 April 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)

    >>> Now UK passports can be issued to British children abroad without abusive father’s consent: https://www.bailii.org/ew/cases/EWHC.../2021/868.html

    Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father, the High Court has held in R (GA & Ors) v Secretary of State for the Home Department [2021] EWHC 868 (Admin).

  3. #583
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    19 April 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)

    >>> Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds: https://www.bailii.org/ew/cases/EWCA/Civ/2021/541.html

    The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of a Rule 35 procedure for identifying vulnerable immigration detainees in prisons is irrational.

    Although the court held back from making a broader finding that this was systemically unfair, the Home Office and Ministry of Justice will surely have to provide something similar to Rule 35 in prisons in order to avoid further claims of this nature. The judgment confirms that the Home Office is already taking steps to amend the legal framework.

  4. #584
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    22 April 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)

    >>> Occupations which are not eligible for the Skilled Worker route: https://www.gov.uk/government/publications/uk-points-based-immigration-system-further-details-statement/uk-points-based-immigration-system-further-details-statement#occupations-which-are-not-eligible-for-the-skilled-worker-route


    These occupations cannot be sponsored under the Skilled Worker route for various reasons, including:

    -other, more appropriate immigration routes are available (for example, clergy and sport players).
    -jobs cannot be held by anyone who is subject to immigration control in the UK (for example, elected officers and officers in armed forces).
    -the jobs do not meet the skills threshold (for example, security guards and waiters).

  5. #585
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    23 April 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 can make exceptions to rules stopping asylum seekers working: https://www.bailii.org/uk/cases/UKUT/IAC/2021/94.html

    (Asylum seekers can normally work only in shortage occupations)

    The Upper Tribunal has declared the government’s strict policy on asylum seekers working to be unlawful because it doesn’t mention that exceptions can be made. The case is R (C6) v Secretary of State for the Home Department (asylum seekers’ permission to work) [2021] UKUT 94 (IAC).

    It has now been officially reported by the tribunal. The official headnote reads:

    "Insofar as the Secretary of State’s policy Permission to work and volunteering for asylum seekers, version 8.0, 29 May 2019, admits no exceptions, it has not been justified and so is unlawful."

    The judgment follows a very similar decision by the High Court in December. Despite these two rulings, the permission to work policy has still not been amended. In fact, a further challenge to it is now in the works.

  6. #586
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    24 April 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 can’t just ignore human rights issues even if there is no asylum claim: https://www.bailii.org/uk/cases/UKUT/IAC/2021/97.html

    The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories.

    So what happens when there is overlap between, for instance, an asylum claim and a human rights claim? This is the issue considered by the Upper Tribunal in JA (human rights claim, serious harm) Nigeria [2021] UKUT 97 (IAC).

    The official headnote

    "(1) Where a human rights claim is made, in circumstances where the Secretary of State considers the nature of what is being alleged is such that the claim could also constitute a protection claim, it is appropriate for her to draw this to the attention of the person concerned, pointing out they may wish to make a protection claim. Indeed, so much would appear to be required, in the light of the Secretary of State’s international obligations regarding refugees and those in need of humanitarian protection.

    (2) There is no obligation on such a person to make a protection claim. The person concerned may decide to raise an alleged risk of serious harm, potentially falling within Article 3 of the ECHR, solely for the purpose of making an application for leave to remain in the United Kingdom that is centred on the private life aspects of Article 8, whether by reference to paragraph 276ADE(1)(vi) or outside the immigration rules. If so, the “serious harm” element of the claim falls to be considered in that context.

    (3) This is not to say, however, that the failure of a person to make a protection claim, when the possibility of doing so is drawn to their attention by the Secretary of State, will never be relevant to the assessment by her and, on appeal, by the First-tier Tribunal of the “serious harm” element of a purely human rights appeal. Depending on the circumstances, the assessment may well be informed by a person’s refusal to subject themselves to the procedures that are inherent in the consideration of a claim to refugee or humanitarian protection status. Such a person may have to accept that the Secretary of State and the Tribunal are entitled to approach this element of the claim with some scepticism, particularly if it is advanced only late in the day. That is so, whether or not the element constitutes a “new matter” for the purposes of section 85(5) of the Nationality, Immigration and Asylum Act 2002.

    (4) On appeal against the refusal of a human rights claim, a person who has not made a protection claim will not be able to rely on the grounds set out in section 84(1) of the 2002 Act, but only on the ground specified in section 84(2)."

  7. #587
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    28 April 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)

    >>> Correspondence regarding BRP/BRC for non-EEA nationals with status under EUSS

    From the Home Office:

    "The biometric residence card’s (BRC’s) are issued to non-EEA nationals with EU law rights and we currently issue two types of biometric residence cards to non-EEA family members of EEA and Swiss citizens living in the UK - the EEA BRC (Rights card) issued as evidence of rights under EU legislation) and the EUSS BRC (Scheme card). Both BRCs can, at present, be used as evidence to carriers that the holder has the right to travel to the UK and to prove a right to work or rent private accommodation. Any non-EEA national granted EUSS leave and did not use an EEA Rights BRC to apply, will receive an EUSS BRC valid for 5 or 10 years.

    Valid EEA BRC’s can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021 and the Government will shortly provide updated information on the GOV.UK website with further advice on the use of BRC’s post June. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. Any non-EEA nationals granted leave under the EU Settlement Scheme can exchange their EEA BRC for an EUSS BRC if they wish, but there is no requirement to do so.

    Our intention is to eventually provide all foreign nationals coming and staying in the UK with access to their immigration information online instead of issuing physical documents that can be lost, stolen or tampered with. This will be the primary means for EEA citizens and their family members to prove their status in the UK. Current holders of EEA BRC’s are able to access and share their immigration status online to evidence their status in the UK."

    >>> In-country customers applying for replacement biometric resident permits (BRP) and replacement biometric residence cards (BRC)

    In recent months the Visas and Citizenship Appointment Service (UKVCAS) has worked hard to increase appointment capacity to above pre-Covid-19 levels. However, this has coincided with a surge of demand for replacement biometric resident permits (BRP) and biometric residence cards (BRC). This additional demand has impacted appointment availability.

    To support our customers and address demand for appointments, from 23 April we will invite some customers applying for replacement BRP and BRC to apply via the Identification Verification (IDV) app, that can be downloaded on to most mobile devices.

    Applications for most replacement BRP and BRC cards require only verification of identity and facial biometric capture, and can be processed via the IDV app without the need to provide additional documentation.

    Submission via the IDV app will continue to be offered to eligible in-country student applications.

  8. #588
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    03 May 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)

    >>> Interjacent overstaying may count in 10 year long residence application: http://www.bailii.org/uk/cases/UKUT/IAC/2021/96.html

    In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal confirms that previously disregarded overstaying between periods of leave should be treated as lawful residence for individuals making 10 year long residence applications.

    Headnote:

    "On the proper construction of paragraph 276B any period of overstaying that has been disregarded in accordance with sub-paragraph (v)(a) or (b) is treated as lawful residence for the purpose of sub-paragraph (i)"

  9. #589
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    04 May 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)

    >>> Changes to UKVCAS website

    UKVAS have implemented a small website change. Part of this change will mean the Google Map on the search page will no longer be visible. Members and applicants can still search for appropriate service points using the postcode finder and the rest of the user journey remains the same.

    >>> Correspondence with Richard Jackson (Immigration Policy, Home Office) regarding COVID Switching Concession

    Question: Can this applicant switch now in-country ?

    - Application in the UK as a visitor
    - Leave still valid therefore exceptional assurance is not needed
    - Applicant has a job offer but no CoS has yet been issued

    So, can the applicant apply in county for permission to stay as a Skilled Worker with an undefined CoS or must they leave the UK and seek entry clearance with a defined CoS?

    Response from the UK BA Policy department:

    “This would be a permission to stay application, and the sponsor could assign an undefined CoS."

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

    An updated list of approved test centres in and outside the UK

    >>> Apply to the EU Settlement Scheme (settled and pre-settled status) translations: https://www.google.com/url?sa=t&rct=...sr8k6nmrOmJ5ou

    The title of the guidance has been updated to match the English version

    >>> Suitability: previous breach of UK immigration laws (immigration staff guidance): https://www.gov.uk/government/public...nt=immediately

    The guidance has been updated with minor amendments to clarify when an application can be refused where previous deception has been used

    >>> Russia: country policy and information notes: https://www.gov.uk/government/public...nt=immediately

    A CPIN on Jehovah’s Witnesses has been added

  10. #590
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    05 May 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)

    >>> Fresh blow to “no recourse to public funds” scheme: https://www.bailii.org/ew/cases/EWHC...2021/1085.html

    Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children.

    The case of ST (a child, by his Litigation Friend VW) & VW v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) focused specifically on the approach to NRPF in Appendix FM. This is the section of the Immigration Rules applicable to the family members of British citizens and those with long-term residence rights.

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