Важные судебные решения и новости для иммигрантов

[British Lawyer]

Еще одно успешно завершённое заявление по легализации.

Клиент с Украины получил BRP на 2.5 года по т.н. категории Family - Private Life.

Заявление рассмотрели и одобрили за 7.5 месяцев.

Делюсь статистикой ежедневных одобрений заявлений клиентов.

 

[British Lawyer]

Еще один клиент с Украины легализовался в Великобритании на по т.н. Private Life route.

Заявление рассмотрели и одобрили за 7 месяцев.

Делюсь статистикой ежедневных одобрений заявлений клиентов.

 

[British Lawyer]

Еще один ребенок с Украины был легализован через заявление по т.н. Private Life route. Ребенок получил ВНЖ сразу на 5 лет может подать на ПМЖ (ILR) через 5 лет.

Заявление одобрили за 7 месяцев.

Делюсь статистикой ежедневных одобрений решений клиентов.

[British Lawyer]

18 March 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Sponsors no longer need to report changes to hybrid and remote working: Workers and Temporary Workers: guidance for sponsors part 3: sponsor duties and compliance (accessible) - GOV.UK (www.gov.uk)

The updated Sponsor Guidance explains UKVI’s reasoning:

“We recognise that many organisations have adopted a “hybrid working” model, where their workers work remotely (from either their home or another remote site, such as a work hub space) on a regular basis, as well as regularly attending a ‘traditional’ work location (such as one or more of your offices or branches, or a client site)…”

Some reports are still needed

UKVI has confirmed that sponsors “no longer need to tell us if a sponsored worker is moving to a hybrid working pattern but you must continue to report any changes to their main office work location, or of any new client sites, if applicable, and maintain suitable records of your sponsored workers’ working patterns”.
In such cases, it is important that employers are aware that UKVI can ask for an explanation as to why the sponsored worker needs to live in the UK at all.

Compliance

UKVI’s officers carry out on-site in person audits as well as remote ones to check compliance. It is therefore important that sponsors retain records, including relating to sponsored worker’s work patterns, to demonstrate that they understand and comply with the Sponsor Guidance.

 

[British Lawyer]

20 March 2024

Important UK Immigration News and Updates from the Legal Centre

www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

 

>>> Roehrig upheld by Court of Appeal: no changes for certain children of EU citizens not entitled to British citizenship: Roehrig, R (On the Application Of) v Secretary of State for the Home Department (Rev1) [2024] EWCA Civ 240 (12 March 2024) (bailii.org)

 

In the context of British nationality law, EEA citizens residing in the UK from 2 October 2000 continue to not meet the definition of “settled”, unless they held indefinite leave to remain or had acquired permanent residence. This was confirmed last week by the Court of Appeal in R (on the application of Roehrig) v Secretary of State for the Home Department (Rev1) [2024] EWCA Civ 240.

[British Lawyer]

22 March 2024

Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>>  Online immigration status (eVisa)

Information on eVisas and why you need one:   https://www.gov.uk/guidance/online-immigration-status-evisa?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=67dbd4de-ba5f-4b06-9e28-7065186bce25&utm_content=daily

 

[British Lawyer]

26 March 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>>  Withdrawal Agreement cannot help woman who made wrong type of family permit application says Court of Appeal: Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) (bailii.org)

The Court of Appeal has upheld the Upper Tribunal’s decision that those who applied for the wrong type of family permit before the end of the Brexit transition period cannot benefit from the EU Settlement Scheme or the EU Withdrawal Agreement.
The decision is Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248. The leading judgment is provided by Lord Justice Dingemans.
 

[British Lawyer]

28 March 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>>  Irish High Court finds decision to list the UK as a safe country for asylum seekers unlawful:

See A & anor v The Minister for Justice, Ireland and the Attorney General & anor [2024] IEHC 164

Namely, the Irish High Court has held that the decision to put the UK on the list of safe third countries to return people seeking asylum to has been held unlawful.
UK is no longer a safe country for the asylum seekers, it seems.
This case is a useful reminder that what the UK is doing in relation to asylum policy does have an impact on its relationship with other countries. Presumably if EU countries are unable to return people seeking asylum to the UK, they will be reluctant to accept any the UK wishes to return.

[British Lawyer]

03 April 2024

Important UK Immigration News and Updates from the Legal Centre

www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

 

>>> High Court rejects trafficking claim from claimant who had not yet been exploited: MT, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 640 (Admin) (22 March 2024) (bailii.org)

 

The High Court has dismissed a judicial review raised by an Albanian national challenging a negative reasonable grounds (first stage) decision in his trafficking claim, finding that his employer did not have the intention to exploit him at the point of recruitment. The case is R (MT) v Secretary of State for the Home Department [2024] EWHC 640 (Admin). The decision focuses on a fairly narrow point of law, namely the “purpose” element of the trafficking definition under Article 4 of the Council of Europe Convention on Action against the Trafficking in Human Being (“ECAT”).

 

Изменено 3 апреля пользователем British Lawyer

[British Lawyer]

09 April 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> The Graduate Route will be reviewed by the MAC on the 14th May 2024

Anything is on the cards: the route may be recommended to b abolished, reduced to PhD only etc.

[British Lawyer]

12 April 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Important changed in relation to the Long Residence Rule: Long residence (accessible) - GOV.UK (www.gov.uk)

Note the following changes:
“… transitional arrangements preserve the position that continuous residence will be broken if an applicant has been absent from the UK for more than 184 days at any one time or for more than a total of 548 days overall, where that absence started before 11 April 2024. This means that:
•    any single absences started before 11 April 2024 must be no longer than 184 days
•    a 10-year period completed before 11 April 2024 must not have total absences of more than 548 days - ***** for 10-year periods which extend beyond 11 April 2024, there is no 548-day limit *****

•    ***** from 11 April 2024 the applicant must not have been outside the UK for more than 180 days in any 12-month period *****

>>> Naturalization fees go up for the 2nd time in one year: Fees for citizenship applications and the right of abode from 4 October 2023 - GOV.UK (www.gov.uk)