UK & EEA Immigration Lawyer & Advocate

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

  1. #591
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    06 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)

    >>> Asylum right to work policy changed to allow more discretion: https://www.gov.uk/government/public...nt-instruction

    The Home Office has updated its policy guidance on when asylum seekers can get permission to work, following two cases finding the previous version unlawful. The update (version 10.0, published on 4 May 2021) explicitly mentions that exceptions can be made to the strict rules against working while awaiting an asylum decision.

  2. #592
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    07 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)

    >>> Student visa and BRP/BRC replacement applicants will not be able to book an appointment immediately following an on-line application

    The Home Office intends to start using the IDV App so the applications could enrol for the biometric and upload their supporting documents via their mobile phones.

    The IDV App was widely used by the Home Office during the 1st lockdown.

    The Legal Centre (www.legalcentre.org) believes that the Home Office is moving towards the "all digital documents".

    See below for the relevant case-law, confirmin that point.


    >>> Digital-only immigration status for EU citizens: https://www.bailii.org/ew/cases/EWHC...2021/1159.html

    The High Court has issued a judgment refusing permission for a judicial review challenge to the government’s policy of giving digital-only proof of immigration status to millions of EU citizens. The case is R (The 3million Ltd) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin).

    People granted pre-settled or settled status are not being issued with physical residence permits. Instead, their status exists in the ether. People can pull their individual proof of status out of a Home Office database using a “view and prove” service on gov.uk.

    >>> Judges can decide after the hearing whether an out-of-country appeal is fair: https://www.bailii.org/uk/cases/UKUT/IAC/2021/95.html

    Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable for the First-Tier Tribunal to hear an appeal brought from abroad after deportation, and to only then decide whether the appellant had been deprived of the ability to secure legal representation, and/or to give instructions and receive advice.

  3. #593
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    08 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)

    >>> The UK-India migration deal: https://www.gov.uk/government/public...united-kingdom

    The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in exchange for a minor liberalisation on youth mobility-type visas and some warm words on encouraging temporary migration more generally. Such a deal has been on the cards for years and a text was reportedly ready for signature in 2018, but was dropped in light of the Windrush scandal which made removals politically unappealing for a time.

    The Young Professionals Scheme

    The element of the deal most likely to result in substantive change to the Immigration Rules is the “Young Professionals Scheme” referred to in Paragraph 5 of Chapter 3 and Annex I. This will allow Indian nationals aged between 18 and 30 to live and work in the UK for up to two years, and vice versa. There will be a quota, initially 3,000 places a year. The scheme is therefore similar to the existing Youth Mobility Scheme in place for a small number of developed countries.

    There are some differences. In particular, that Young Professionals:

    "must hold a diploma / degree which validates as far as possible at least three years’ higher education corresponding to the qualification required for the employment on offer or have professional experience of comparable level in the sphere of activity concerned and be able to express themselves in the language(s) of the host country."

    The Youth Mobility Scheme has no qualification or English language requirements. Nevertheless there will be many millions of Indians who meet these criteria, so the quota is likely to be oversubscribed. Presumably there will be a lottery if that is the case, as for Youth Mobility countries like Taiwan.

    Another possible difference: the Young Professional could require employer sponsorship. That would make the scheme quite different to Youth Mobility, which does not tie the person to any one employer (or even require the person to work at all, in theory). The bit about qualifications having to be related to “the employment on offer” sits oddly with an unsponsored route, though, so perhaps the scheme will be much less flexible than Youth Mobility after all.

    If the scheme does turn out to be much like Youth Mobility, that would be the first time that it will be opened to visa nationals. But the old Working Holiday Maker visa, abolished in 2008, was open to Indians and many other visa nationals, so in that sense "there is nothing new under the sun".

    Other migration provisions


    Much of the rest is fluff that refers to visas that already exist. For example, “Indian nationals who successfully complete their studies and who wish to supplement their training with professional experience in the UK may apply to remain in the UK on a work-based immigration route”. Similarly, there is nothing of substance in Chapter 2 on visit visas (“The UK will continue to welcome Indian nationals who wish to visit the UK in order to undertake a wide range of activities in accordance with the UK Immigration Rules”).

    The pre-deal spin suggested that there would be something concrete on student visas which “could allow thousands more Indian students to enrol in UK universities”. Nothing seems to have come of that.

    Theoretically, the Chapter 3, Paragraph 8 may be hinting at some sort of new research visa or add-on to the Global Talent route, but we will have to wait and see.

    Removing unauthorised migrants

    Then there is the quid pro quo: “Cooperation relating to the prevention and combatting of illegal migration” (Chapter 4 and Annex 2). This includes procedures for verifying the identity of someone being sent back, types of documents that will be accepted for that purpose, and timelines for acknowledging responsibility for the person being removed. If they have a passport, the authorities in the country of return are supposed to respond within 20 days (or failing that, 30 days). If not, the timeline is 60/90 days. Emergency Travel Documents should be issued within five working days.

    Also in Chapter 4 is a provision targeting Indian nationals said to be deliberately making their UK-born children stateless in order to secure them permission to remain. This echoes a clampdown on perceived abuse of the statelessness rules in the New Plan for Immigration.

    Chapter 5 then discusses information and intelligence sharing on border security, trafficking and forgery.

    It is hard to assess the likely impact of this in the abstract. The Home Office is briefing that returns to India could reach “tens of thousands” as a result of the deal. In 2019, total voluntary and enforced returns of Indian citizens from the UK was 2,100 and the average over the past decade was around 6,000 a year. Returns did peak at 10,000 in 2012, so tens of thousands is not necessarily out of reach, although the fact that such a figure was possible back then suggests that the issue is not so much the absence of a deal like this as underperformance by Immigration Enforcement.

  4. #594
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    10 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)

    >>> UK visa fees: https://www.gov.uk/government/public...fees-5-october

    Updated the 5th October 2020 fees table In-UK Student and Child Student Route. The updated table of fees can be found via the link above

    >>> EU Settlement Scheme: evidence of UK residence: https://www.gov.uk/guidance/eu-settl...nt=immediately
    The document has been updated to clarify you’ll need to provide one document to show that you were resident in the UK before 31 December 2020.

    >>> EU Settlement Scheme caseworker guidance: https://www.google.com/url?sa=t&rct=...m5NJzT6ztHuSy0

    Updated ‘EU Settlement Scheme: person with a Zambrano right to reside’ to reflect the changes to Appendix EU made in Statements of Changes in Immigration Rules, up to HC 1248, laid on 4 March 2021.

    >>> Request personal data held in the immigration and borders system: https://www.gov.uk/government/public...nd-immigration

    Updated as the Home Office is now able to provide personal data held on some paper records

    >>> Skilled Worker visa caseworker guidance: https://www.google.com/url?sa=t&rct=...FJD4M7hAf3uEu7

    Updated caseworker guidance.

    >>> Permission to work: https://www.google.com/url?sa=t&rct=...JftFHsD0Q7Iq4A

    Updated the permissions to work and volunteering for asylum seekers guidance with the latest version.

  5. #595
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    11 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)

    >>> Congolese man unlawfully detained for three and a half years: https://www.bailii.org/ew/cases/EWHC/QB/2021/288.html

    "To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In this case I think that principle became lost to sight."

    So says the High Court in the case of Louis v Home Office [2021] EWHC 288 (QB), a depressing false imprisonment claim in which the Home Office was taken to task for its appalling treatment of a vulnerable detainee who was held under immigration powers for over four years.

    The court found a multitude of failures going “very well beyond maladministration” that resulted in Mr Louis, a care leaver who arrived in the UK aged 13, being unlawfully detained for 42 of the 51 months he spent in immigration removal centres.

    The case also shows the necessity of an effective system for monitoring detainee welfare on the prison estate, an issue to which the courts are now becoming alert.

  6. #596
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    13 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)

    >>> Home Ofice news

    - UKVCAS document upload categories

    UKVCAS are in the process of making changes to the categories section of the UKVCAS website for customers who self-upload their documents.

    In the meantime, customers are reassured that all documents they choose to upload in support of their application are checked and - considered by UKVI caseworkers.

    - Changes to service point locations

    The UKVCAS Manchester Fountain Street Service Point is now closed and has relocated as the Manchester (Core) site based at Saint James Tower, 7 Charlotte Street, Manchester M1 4DZ. All customers whose appointment has been affected will receive an updated confirmation e-mail from UKVCAS and are encouraged to check their email and phone for messages.

    Since our last update, UKVCAS have also opened the Aberdeen Enhanced Service Point (ESP) at Regus, 1, Marischal Square, Aberdeen AB10 1BL.

    - Visa pause

    As part of the government strategy designed to protect the UK’s health system during the global pandemic, UKVI recently paused the issue of transit and visit visas in red list locations. This has now been updated for transit visas.

    >Transit visa – Applications for Visitor in Transit and Direct Airside Transit Visas that have already been submitted will now be issued and new applications will be processed as normal.
    >Visit visa – In red list locations the pause on issuing visit visas is still in place and will be kept under review. There is no change to the UKVI approach to applications lodged in red list locations in a category where there are residence rights

    - Fast track immigration route opens for prestigious award winners

    The Global Talent route is part of the UK’s new points-based immigration system, which will attract the best and brightest to the country depending on the skills they can bring, rather than their nationality.

    From 5 May, individuals who have won prestigious awards from across the sciences, humanities, engineering, the arts and digital technology will be able to take advantage of changes to the Global Talent visa route.

  7. #597
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    14 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)

    >>> Updated advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic:

    The following temporary changes were made on 30 March 2020 and remain in place until 20 June 2021 (inclusive):

    Updated advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic.

    The following temporary changes were made on 30 March 2020 and remain in place until 20 June 2021 (inclusive):

    -checks can currently be carried out over video calls
    -job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
    - employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

    Checks continue to be necessary and you must continue to check the prescribed documents set out in right to work checks: an employer’s guide or use the online right to work checking service. It remains an offence to knowingly employ anyone who does not have the right to work in the UK.

    >>> £100 million investment visa loan scheme ruled legal after all: https://www.bailii.org/ew/cases/EWCA/Civ/2021/679.html

    A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous Upper Tribunal decision that the scheme did not meet the Investor rules because the money invested was not under the borrower’s control.

    The court reached this conclusion reluctantly and criticised the shoddy drafting of the Immigration Rules in allowing the scheme to operate despite what the Home Office intended.

  8. #598
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    15 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)

    >>> “Hand on the tiller” prosecution for assisting unlawful immigration fails: https://www.bailii.org/ew/cases/EWCA/Crim/2021/503.html

    Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossing, he did not claim asylum here in the UK and was returned to Denmark, where a previous claim for asylum had already been refused. He did claim asylum in the UK after the December crossing but was charged with illegal entry under section 24 of the Immigration Act 1971, pleaded guilty and was sentenced to four months’ imprisonment. He also faced trial for the separate crime of assisting unlawful immigration, an offence under section 25 of the 1971 Act attracting a maximum sentence of 14 years. Following a legal ruling at his trial, he pleaded guilty to this offence as well and was sentenced to 26 months’ imprisonment.

    Fast forward through a lenghly determination:

    Mr Kakaei therefore had a defence: it is not a breach of UK immigration law for asylum seekers to claim asylum at port on arrival and therefore he had not necessarily assisted unlawful immigration. Given that he was acquitted yesterday, it looks like this defence was accepted by the jury.

    >>> Court of Appeal considers unduly harsh deportation test (again): https://www.bailii.org/ew/cases/EWCA/Civ/2021/619.html

    The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal.

    The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an Albanian national who was granted indefinite leave to remain in 2011 and lives here with his British partner and their three children. Due to his persistent criminal offending, the Home Office decided to deport him. The question for the Court of Appeal was whether it would be unduly harsh for them to do so.

  9. #599
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    17 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)

    >>> Visa and immigration reconsideration requests: https://www.gov.uk/visa-and-immigrat...ation-requests

    You might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.

    This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administrative review. You can’t ask for a reconsideration if you have a right to an appeal or a review.

    When you can make a reconsideration request

    You can make a reconsideration request if you believe immigration rules or policies weren’t followed correctly when the decision was made.

    You must be in the UK to make the request.

    You can only make a request if you applied in the UK to:

    -transfer your visa to a biometric residence permit - known as a ‘transfer of conditions’ (TOC)
    -transfer your indefinite leave to remain to a biometric residence permit - known as ‘no time limit’ (NTL)
    -extend your leave, switch your visa or settle in the UK

    You can make a request if your application for TOC, NTL or leave to remain was successful but you believe the type or the expiry date of the leave is wrong.

    You can also make a request if your TOC or NTL application was refused and you have any of the following:

    -new evidence about the date of the application
    -new evidence to prove that your documents were authentic
    -evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

    These are the only kinds of new evidence that you can use. You can’t make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.

    When you can’t make a reconsideration request


    You can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.

    Your decision letter will usually tell you if you have either of these rights.
    When your request will be rejected

    Your reconsideration request will be rejected if you:

    -make a new application before or after you send the request
    -have since been given permission to stay in another visa category
    -left the UK and your permission to stay has expired
    -were removed or deported from the UK
    -have already exhausted your appeal rights or lost your case in a judicial review
    -need to make an appeal or apply for an administrative review instead of making a reconsideration request

    How to make a request


    Write a letter saying why you think the decision was wrong. Refer to the rules or policy under which you applied - check the guidance for your application to find the right rules or policies.

    Send your request to the team who made the decision on your original application - the address will be shown on the decision letter.

    You must make your request as soon as possible and no later than 14 days after you get the decision on your application.

    You can only make one reconsideration request.

    Legacy requests

    If you made your request before 13 November 2012 (known as a ‘legacy request’) and your immigration status is still not resolved that request will still be considered as long as you meet the guidance requirements.

  10. #600
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    18 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)

    >>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavi...nt=immediately

    If you are in a red list country and wish to apply for a visitor in transit or direct airside transit visa (DATV) we are now able to process your application, as the pause on issuing transit visas has been lifted.

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

    The list of test centres in and outside the UK has been updated.

    >>> Request personal data held in the immigration and borders system: https://www.gov.uk/government/public...nd-immigration

    Links have been added to check an individual’s immigration status, right to work or rent to prevent subject access requests being made when other sources of information are available.

    >>> Immigration Act 2014: appeals: https://www.google.co.uk/url?sa=t&rc...pT-TvhTFvFBV4I

    A new document has been added titled: EU Settlement Scheme appeals: certification in national security and deportation cases.

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