British Lawyer

22 October 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) >>> Government must obey court orders even if invalid, Supreme Court holds: https://www.bailii.org/uk/cases/UKSC/2021/46.html The Supreme Court has this recently handed down judgment in R (Majera) (formerly SM Rwanda) v Secretary of State for the Home Department [2021] UKSC 46. The appeal, as Lord Reed states in his opening sentence, raised a “question of constitutional importance”. That question was whether the government (or anyone else) can lawfully act in a manner inconsistent with a defective order of a court or tribunal without first having that order set aside or varied. The answer, the Supreme Court has concluded unanimously, is "no". >>> The Home Office can ignore human rights claims: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1500.html The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK which is not made using the specified form or process. That leaves the applicant with no right of appeal.

Приветствую. Для частных лиц (не юристов) - не обязательно. Да, все правильно. По Вашей категории (Appendix FM Partner) Вы можете сразу подавать на гражданство как жена британского гражданина.

Существующие на сегодняшний день опции рассмотрения заявления на ПМЖ (ILR) по категории Tier 2(General)/Skilled Worker:

20 October 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 an immigration decision be (long) delayed during a criminal investigation? See https://www.bailii.org/ew/cases/EWCA/Civ/2021/1480.html This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats.

Я занимаюсь всеми существующими британскими визовыми категориями и буду рад помочь Вам.

Приветствую, 1. Да 2. Да

Вчера. Семья с Украины (взрослый и ребенок). Продление супружеской визы (категория FLR(M)). Заявление рассмотрели и одобрили за 21 день (Standard route). Делюсь статистикой.

18 October 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) >>> Pork butchers latest to get temporary visas: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-cp-542-11-october-2021 800 temporary Seasonal Worker visas will be made available to pork butchers, the government has announced. They will last for six months, with applications open until 31 December 2021.

Из недавнего. Заявление клиента с РФ, продление иммиграционного статуса на очередные 2.5 года по категории "10-year route to Settlement". Вот как выглядит решение, которое приходит, как всегда, по Email. Рассмотрели за 3 недели. Делюсь статистикой.

Из недавнего. Продление пребывания в Великобритании как отца детей из EU Заявление FLR(FP), так называемый 10-Year route to Settlement. Сложный случай, т.к. пришлось дополнительно работать с судом, полицией и "подстегивать" Home Office по причине того, что у клиента были нарушения закона. Заявление положительно рассмотрели за чуть менее чем 1 года. Делюсь статистикой.

14 October 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 a student run a business or be a self-employed person ? The answer is "No" under para ST 26.5.: - ST 26.5. A Student is not allowed to do any of the following: (a) be self-employed or engage in business activity unless ST 26.8 applies; or (b) work as a professional sportsperson (including as a sports coach); or (c) work as an entertainer; or (d) work in a position which would fill a permanent full-time vacancy unless ST 26.6. applies. - ST 26.6. If a Student has permission and makes an application for permission to stay under the Skilled Worker route, supported by a Certificate of Sponsorship assigned by a licensed sponsor, the Student can start the employment for which the Certificate of Sponsorship was assigned, for up to 3 months prior to the course completion date, provided: (a) the Student is studying a full-time course of study at degree level or above with a higher education provider with a track record of compliance; and (b) the application as a Skilled Worker was made when the applicant had permission as a Student; and (c) a decision has not been made on the Skilled Worker application, or where a decision has been made, any Administrative Review against a refusal has not been finally determined.

Могут, но с 01-07-2021 стало сложнее. Вчера провел 2 консультации по этому вопросу с форумчанами в похожей, как у Вас, ситуации. Решаемо, но нужны усилия и время.

Очередная статистика положительных решений - натурализация (британское гражданство). Гражданин Белоруссии, заявление AN (Naturalization). Рассмотрели за 4 месяца. Делюсь практическими сроками и статистикой.

Возможно, куму-то пригодится: "Безвизовый въезд в Великобританию на работу для умеющих стричь овец" 14 October 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) >>> You can come to the UK to work for a certain period with no visa is you are a sheep shearer: https://www.gov.uk/government/publications/concession-for-temporary-employment-as-sheep-shearers-wrk26/concession-for-temporary-employment-as-sheep-shearers-wrk26--2 Non-visa national shearers can turn up at the border and be allowed in for three months during shearing season. Namely, from 1 April 2013, a non-visa national can apply as a seasonal concession to work as a sheep shearer in the UK. This concession will allow entry from 1 April to 30 June for this purpose.

13 October 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 Letter Re: Rights of EU Settlement Scheme Applicants with a Pending Application From the Home Office: "The Home Office have recently noted a large number of queries relating to the rights of EUSS applicants; in particular, whether ‘late’ applicants hold the right to study in the UK whilst their application is pending. Please find the following information which will hopefully address some of these queries: Applicants who applied by 30 June 2021: EEA citizens and their family members, who were resident in the UK by the end of the transition period on 31 December 2020 and who applied by 30 June 2021 to the EU Settlement Scheme, are advised not to travel outside the UK/to the UK until they are in possession of a Certificate of Application, confirming they have made a valid in-time application to the scheme. If travel before then is necessary, they may experience delays at the border whilst their application is confirmed. In such cases, where it can be confirmed that the pending application has been made by an EEA citizen or their family member, who was resident in the UK by the end of the transition period on 31 December 2020, they will be admitted. Applicants who applied by the deadline of 30 June 2021 have their rights in the UK protected pending the outcome of the application and any appeal, by the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020: https://www.legislation.gov.uk/ukdsi/2020/9780348212204 Applicants who applied after 30 June 2021: EEA citizens and their family members, who were resident in the UK by the end of the transition period on 31 December 2020 and who applied to the EU Settlement Scheme after the 30 June 2021 deadline, must not travel outside the UK/to the UK until they are in possession of a Certificate of Application, confirming they have made a valid application to the scheme. They may also be asked to provide evidence they were resident in the UK by the end of the transition period on 31 December 2020 in order to be admitted. Applicants who apply after the deadline of 30 June 2021 also have their rights in the UK protected pending the outcome of the application and any appeal. They require a Certificate of Application to prove those rights whilst their application and any appeal are pending. A Certificate of Application is issued as soon as an application is valid in accordance with paragraph EU9 of the Immigration Rules for the EUSS in Appendix EU. Applicants who have a digital Certificate of Application can log into the online View and Prove service using their UKVI account, and generate a share code to prove their rights. This includes share codes for the right to work, study or rent and other purposes. In the case of ‘late’ applicants, they are unable to prove their right to study in the UK without their Certificate of Application. As such, this document is required before a ‘late’ EUSS applicant can be enrolled on a course. "