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British Lawyer

Чемодан
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  1. British Lawyer

    Permanent Residence ( EEA4 )

    Простым языком, нужно доказать, что Вы и супруг из EEA жили 5 лет по одному адресу (есть исключения), и что супруг из EEA работал (есть определенные требования к прбалтам до 2011 года) 5 лет. Вообще см. анкету EEA4.
  2. British Lawyer

    Permanent Residence ( EEA4 )

    Приветствую, Да, можно... Но здесь есть одно большое НО. Если поспешите с Settled status, то придется ждать +12 месяцев для того, чтобы подать на гражданство. По "старому" пути, т.е. через EEAPR обычно можно или практически сразу, или максимум через несколько месяцев подавать на гражданство.
  3. British Lawyer

    Ilr - Indefinite Leave To Remain

    Там в форме должно стоять объяснение, что дополнительные basences должны быть представлены на отдельном листке (который нужно загрузить потом вместе с остальными документами). Я так обычно делаю.
  4. SSHD v Islam & Anor (2012) EUECJ C-83/11 Инетерсное решение Европейского Суда Справедливости, «расширяющего» права на въезд в Великобританию т.н. дальних родственников. В частности, суд фактически постановил, что член Евросоюза и т.н. дальний родственник могли не проживать вместе в одной стране до отъезда EU в Великобританию для того, чтобы т.н. дальний родственник имел право приехать на проживание в Великобританию. Например, укранка выходит замуж за поляка, приезжает в Великобританию. Потом этот поляк начинает финансово помогать ее дяде. Теоретически дядя может теперь приехать в Великобританию как иждивенец поляка. ================ Ferrer (limited appeal grounds; Alvi) (2012) UKUT 304 (IAC) Важное решение, следующее за решение по делу Philipson (ILR – not PBS: evidence) (2012) IKUT 39 (IAC) На владельцев виз «старой» категории Work Permit не должны распостранятся правила на определенный уровень зарплаты как сейчас того требует UK BA для того, чтобы владелец Work Permit мог получить ILR.
  5. British Lawyer

    Важные судебные решения и новости для иммигрантов

    17 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> Tech Nation to endorse new innovator and start-up visas… but not until September 2019 The government announced on 7 March that two new immigration categories will appear in the Immigration Rules from 29 March 2019 — the innovator and start-up visas. Since then, lawyers and prospective applicants have been eagerly waiting to see who the endorsing bodies will be. (An application for a visa in either category cannot be made until the business idea has been assessed by an approved endorsing body and they have agreed to officially endorse the applicant.) It came as no surprise that the Tech Nation will be one of those endorsing bodies. The technology network is already an endorsing body for applicants applying under the tech arm of the Tier 1 (Exceptional Talent) visa. Interestingly, the Tech Nation won’t be providing any endorsements for anyone applying under the innovator or start-up routes until September 2019, according to their web-site. This means that Tech Nation will not be issuing endorsements until some time after applications for visas can be made (which appears, from the wording of the Statement of Changes, to be from 1 August 2019). In September 2019, Tech Nation will begin processing endorsement applications on behalf of digital technology entrepreneurs for both of these new routes, building upon our successful operation of the Tier 1 Exceptional Talent visa and extending our support for international entrepreneurs wishing to establish their tech business in the UK. Hopefully the other endorsing organization will be announced soon, too. >>> Judge suspends Home Office removals policy: http://www.medicaljustice.org.uk/high-court-suspends-unscrupulous-policy-of-removing-unwanted-migrants-from-the-uk-without-warning/ The High Court has suspended the Home Office’s removals policy with immediate effect. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for at least the next few weeks.
  6. British Lawyer

    Получение гражданства Великобритании

    Приветствую. На этой неделе подавал несколько заявлений форумчан. Обычно делаю "с последнего до первого".
  7. British Lawyer

    Ilr - Indefinite Leave To Remain

    Спасибо за теплые слова. Удачи Вам :-)
  8. ***** С октября 2018 можно будет подавать заявления в UK BA без оригиналов документов ***** Цитата из моего новостного треда, выношу отдельно, т.к. новость довольно интересная и важная : “New streamlined service” for in-country applications announced: <noindex>https://www.gov.uk/government/news/sopra-st...ntent=immediate</noindex> Interesting development on in-country applications. A new service delivered by outsourcing firm Sopra Steria will see supporting information processed at local libraries rather than people having to post it in with their application: “Under the new arrangements people using the service will be able to submit biometric information including photos, fingerprints, and signatures and their supporting evidence at a single appointment. The evidence will then be copied and sent to UKVI, meaning that people won’t have to hand over important documents, such as passports, whilst the applications are processed.”. The contract is widely seen as part of the preparations for registering over three million EU citizens and their families for settled status after Brexit. It will begin in October 2018.
  9. Пожалуйста. Рад был Вам помочь.
  10. Останется союз Англии и Уэльса.
  11. British Lawyer

    Получение гражданства Великобритании

    Приветствую, В анкете спрашивается (без уточнения) о ПЕРВОМ приезде в UK. Я всегда указываю в заявлениях клиентов самую первую дату въезда по ЛЮБОЙ визе. В Вашем случае - это гостевая виза.
  12. British Lawyer

    Ilr - Indefinite Leave To Remain

    Да. "Во всем виноват Brexit". Пожалуйста. Рад был помочь Вам.
  13. Stop the Press - the closure of the UK BA Premium Service Centres and the introductions of the 3 new services 26 October 2018 – Just useful and interesting UK & EEA Immigration Law news and up-dates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> The closure of the UK BA Premium Service Centres and the NEW options to get decision sin 24 hours: <noindex>http://legalcentre.org/files/UK_UK_New_Services_Oct_2018.pdf</noindex> The UK BA Premium Service Centres will close from 30 Nov 2018 so there will be no more same day service appointments the way they were operating before. The new service will be introduced from the 1st November 2018. The services will also include the checking document service for the applicant. Three different options are being introduced: 1. Standard service – 8 weeks 2. Premium service – 10 working day 3. Super premium service – 24 hours The fees for the NEW Super Premium Service will be the same as the fees for the OLD Same Day Service: <noindex>https://www.gov.uk/government/publications/.../8-october-2018</noindex> It may be possible to upload copies of your supporting evidence or bring them with you for your biometric appointment. There will be 57 application submission locations across the UK. For example, for UK BA fee for the Tier 2(General) in-country application it will cost the applicant as follows: • £1354 to get a decision in 8 weeks after attending your biometric enrolment – the new Standard Service • £1813 to get a decision in 10 days after submitting your online application - the new Premium Service • £1944 to get a decision on the next working day following your biometric enrolment -the new Super Premium Service The above figures include the £19.20 biometric enrollment fee and exclude the NHS Surcharge fee of £150/£200 (currently; expected to increase to £300 and £400 accordingly) In cases where the UK BA will be unable to process your application the UK BA will con-tact you. Applicants in the UK seeking to remain in the UK or to settle permanently on the following routes will be eligible to use the new service UK Visa Citizenship Application Service (UKVCAS) from 5thNovember 2018: • Tier 1 (Investor) • Tier 1 (Exceptional Talent) • Tier 1 (Entrepreneur) • Tier 1 (Graduate Entrepreneur) • Tier 2 (General) • Tier 2 (Intra-Company Transfer): graduate trainee Tier 2 (Intra-Company Transfer): long term staff • Tier 2 (Minister of Religion • Tier 2 (Sportsperson) • Tier 4 (General) student • Tier 4 (Child) student • Tier 5 (Temporary Worker) • PBS Dependant –partner • PBD Dependent child • Member of HM forces or their dependants • Turkish Businessperson or Worker • Dependant partner of a Turkish Businessperson or Worker (ECAA 3 -Dependant Partner) • Dependent child of a Turkish Businessperson or Worker (ECAA 3 -Dependant Child) • Settle or extend your leave in the UK –Turkish ECAA categories only • Settle in the UK –long residence • Settle in the UK –child • Settle in the UK -partner of a person or parent of a child already settled in the UK • Settle in the UK -HM forces category • Settle in the UK –refugee or humanitarian protection • Settle in the UK -certain categories only • Registration certificate as an EEA or Swiss national • Document certifying permanent residence as an EEA or Swiss national • British citizenship by naturalisation • Register for British citizenship as a child under 18 • Register as a British citizen • Update, replace or transfer -biometric residence permit • Other leave to remain applications within the rules (unless noted below) • Apply for a Home Office travel document Applicants on the remaining routes will continue to need to use the existing service until January 2019. This includes most customers applying: • To join family members in the UK as a dependant, other than a PBS dependent, armed forces dependent or ECAA dependent • For family reunion with a refugee or person with humanitarian protection • On the basis of statelessness • On the basis of domestic violence under the specific route for that • Making further submissions after a failed protection claim to only enroll your biometric information • For a fee waiver or fee exemption • For British citizenship • For a certificate of right of abode How will the new services roll-out work ? • From the 2ndNovember: the UK BA partner SopraSteria will have their appointment booking tool live; • From the 5th November: the new UKVCAS centres will-start to open around the country; • And all locations will be open by the 29th November. • During the period of the 5th November–29th Novem-ber, the majority of customers can choose whether to enrol their biometrics and submit their documents via these new centres or use the existing processes via Premium Service Centres. • The 29th November: Premium Service Centres will close • January2019: Service and Support Centres will open, for use by a small number of customers who require more support with their applications. These customers will continue to use the current process until January
  14. 15 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> Most recent Home Offiice's answers in relation to the New System application process Q: Can a Tier 1 (Investor) apply for extension and/or Settlement via a 24-hour service ? A: Tier 1 (Investors) applying for leave to remain and to extend their stay to indefinite leave to remain can make an online application for a standard 8-week consideration or a priority 10-day consideration. Also, Tier 1 (Investors) applying for settlement can also make an online application for a priority 10-day consideration. Priority 10-day considerations cost an additional fee of £477 which provides a faster consideration within 10-days of receiving the visa application, providing all the relevant evidence, including biometric (photograph and fingerprints) are submitted. Q: Can a Tier 1 (Entrepreneur) applicant for settlement get a decision within 24 hours (or any level of expedition)? A: At this moment Tier 1 (Entrepreneur) cannot apply for a priority 10 day or super priority 24 hour consideration. Q: Can children over 18 be added to the FLR(M), SET(M), SET(O) etc forms or should they apply separately ? A: Over 18 children can be added, but they need to have leave in that category already and not be living an independent life; if they do live an independent life, they need to submit the application in their own right. Q: Can I travel while my application is being considered ? A1: If you are applying for leave to remain, or indefinite leave to remain, you should not leave the UK until you have received a decision on your application. If you travel outside the “Common Travel Area” (CTA) before the decision is made on your application, your application will be treated as withdrawn. A2 If the decision is made while you are outside the UK and your current leave has expired, you will not have a right to return to the UK and you may be refused entry at the UK border. A3 In terms of stages, the application is only classed as withdrawn if the customer has received their passport back from UKVI, if they haven’t submitted it then the customer can travel without the application being withdrawn, however, they will need to be aware that having made an application does not give them an automatic right to re-enter the UK. If they have extant leave when they leave the UK then they can re-enter. Q: How much time do I have to enroll for the biometric from the date I submit my online application ? A: An applicant has up to 45 days to enroll for the biometric sine submitting the online application Q: Do I still need to bring my originals documents for the biometric appointment ? A: Applicants do not need to bring along the original supporting documents, however, applicants can choose to do so if they wish. All applicants must take their original travel document/passport to their appointment Q: How can I withdraw/cancel the application ? A: Use this link: https://www.gov.uk/cancel-visa Q: Can Tier 2/4/5 Employers apply for their licenses via the New Service ? A: Applications from organizations to become Tier 2/4/5 sponsors are not in scope for the new Front-End Service. Customers applying for this will continue to use the existing service. Currently there is not the functionality to upload the supporting evidence for these applications.
  15. British Lawyer

    Важные судебные решения и новости для иммигрантов

    15 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> Most recent Home Offiice's answers in relation to the New System application process Q: Can a Tier 1 (Investor) apply for extension and/or Settlement via a 24-hour service ? A: Tier 1 (Investors) applying for leave to remain and to extend their stay to indefinite leave to remain can make an online application for a standard 8-week consideration or a priority 10-day consideration. Also, Tier 1 (Investors) applying for settlement can also make an online application for a priority 10-day consideration. Priority 10-day considerations cost an additional fee of £477 which provides a faster consideration within 10-days of receiving the visa application, providing all the relevant evidence, including biometric (photograph and fingerprints) are submitted. Q: Can a Tier 1 (Entrepreneur) applicant for settlement get a decision within 24 hours (or any level of expedition)? A: At this moment Tier 1 (Entrepreneur) cannot apply for a priority 10 day or super priority 24 hour consideration. Q: Can children over 18 be added to the FLR(M), SET(M), SET(O) etc forms or should they apply separately ? A: Over 18 children can be added, but they need to have leave in that category already and not be living an independent life; if they do live an independent life, they need to submit the application in their own right. Q: Can I travel while my application is being considered ? A1: If you are applying for leave to remain, or indefinite leave to remain, you should not leave the UK until you have received a decision on your application. If you travel outside the “Common Travel Area” (CTA) before the decision is made on your application, your application will be treated as withdrawn. A2 If the decision is made while you are outside the UK and your current leave has expired, you will not have a right to return to the UK and you may be refused entry at the UK border. A3 In terms of stages, the application is only classed as withdrawn if the customer has received their passport back from UKVI, if they haven’t submitted it then the customer can travel without the application being withdrawn, however, they will need to be aware that having made an application does not give them an automatic right to re-enter the UK. If they have extant leave when they leave the UK then they can re-enter. Q: How much time do I have to enroll for the biometric from the date I submit my online application ? A: An applicant has up to 45 days to enroll for the biometric sine submitting the online application Q: Do I still need to bring my originals documents for the biometric appointment ? A: Applicants do not need to bring along the original supporting documents, however, applicants can choose to do so if they wish. All applicants must take their original travel document/passport to their appointment Q: How can I withdraw/cancel the application ? A: Use this link: https://www.gov.uk/cancel-visa Q: Can Tier 2/4/5 Employers apply for their licenses via the New Service ? A: Applications from organizations to become Tier 2/4/5 sponsors are not in scope for the new Front-End Service. Customers applying for this will continue to use the existing service. Currently there is not the functionality to upload the supporting evidence for these applications. >>> PhD-level jobs to be exempt from work visa quota: https://www.gov.uk/government/speeches/spring-statement-2019-philip-hammonds-speech The government has announced some changes to the immigration system to give the impression that the UK is a welcoming and functioning country despite the ongoing chaos of Brexit. Chancellor Philip Hammond, giving a Spring Statement economic speech yesterday, said that PhD level jobs would be taken out of the cap on Tier 2 work visas and globe-trotting researchers made exempt from settlement rules that penalize lengthy absences from the UK. A written ministerial statement says: "From Autumn 2019, PhD-level occupations will be exempt from the Tier 2 (General) cap, and at the same time the government will update the immigration rules on 180-day absences so that researchers conducting fieldwork overseas are not penalized if they apply to settle in the UK.".
  16. British Lawyer

    Ilr - Indefinite Leave To Remain

    Не так - 1. Дата подачи заявления И оплата. Загрузку можно сделать ПОЗЖЕ, но ДО даты сдачи биометрики. А биометрику можно сдать в течение 45 дней с даты оплаты. Но желательно чем быстрее - тем лучше. Не так - 2. Сначала все оформляется и загружается, сдается биометрика и только ПОТОМ (может быть даже в тот же день), начнется рассмотрения заявления по типу "решение за 24 часа".
  17. British Lawyer

    Важные судебные решения и новости для иммигрантов

    14 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> No, a visa application sent by post is not an “online application”, sighs judge: https://www.bailii.org/ew/cases/EWCA/Civ/2019/368.html A visa application form filled in on a computer, printed off and posted to the Home Office is not an “online application”. That is probably no surprise to anyone but the appellant in R (Shah) v Secretary of State for the Home Department [2019] EWCA Civ 368, who tried to argue that a “print and send” application for a student visa was actually an online application. Lord Justice Haddon-Cave thought that an “unreal” proposition: "In my view, it is quite clear that the “print and send” method used by the Appellant was the “specified application form” method under paragraphs A34-34D of the Immigration Rules and it was not an “on-line application”. The reasons are, frankly, obvious (a) from the face of the official website and the form, (b) from what in fact the Appellant did and (c) from a sensible reading of the Immigration Rules". >>> Irish citizens cannot get early release from prison via deportation: https://www.bailii.org/ew/cases/EWHC/Admin/2019/488.html A deportation case with a twist: R (Foley) v Secretary of State for the Home Department [2019] EWHC 488 (Admin) involved an Irish citizen who requested deportation but was denied it. The judgments make the rationale for what seems an odd request maddeningly obscure, but the reason is simple: being deported means being released from prison earlier would otherwise have been the case. >>> Supreme Court: second or subsequent human rights claims do not attract automatic right of appeal: https://www.supremecourt.uk/cases/uksc-2017-0211.html The Supreme Court has finally laid to rest the argument that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014. They don’t, say their lordships. The meaning of “human rights claim” in section 82 as amended is to be read as “original human rights claim”. It follows that “protection claim” should be read in the same way.
  18. British Lawyer

    Получение гражданства Великобритании

    +1..................
  19. Да, именно так. Так как сервис - новый, и Home Offiсе может потерять (были сообщения на форумах) документы. Из моих клиентских заявлений по новой системе (с ноября 2018 года, когда сервис только появился) пока все загрузки были 100%, т.е. не нужно было что-то "досканировать" во время сдачи биометрики.
  20. British Lawyer

    Ilr - Indefinite Leave To Remain

    Дата заявления считается датой подачи заявления ! И это означает, что время финансовых документов "замораживается" ! То есть они уже не устаревают. Биометрику можно сдать хоть в тот же день - все зависит от того, где Вы хотите ее сдать.
  21. 08 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> New statement of changes to the Immigration Rules: HC 1919 See https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1919-7-march-2019 A new statement of changes to the Immigration Rules was published on the 7th March 2019. It is 294 pages long. The main changes are to Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. The new Appendix W (for “workers”) now contains the stipulations for two new visa types — start-up and innovator — but will eventually swallow up all work-related visas. Most of the changes take effect on or around the default date of Brexit, 29 March 2019, or a week later on 6 April and others - during the summer 2019. The main changes are: 1. Appendix W and Tier 1 of the Points Based System Both the Tier 1 (Graduate Entrepreneur) and the Tier 1 (Entrepreneur) route will be scrapped, and replaced by “start-up” and “innovator” routes. For both routes, applicants will need to: be endorsed by trusted organisations in the UK, “such as business accelerators, seed competitions and government agencies, as well as higher education providers” stay in contact with those endorsing bodies regularly show that they speak English at level B2 (higher than the current required level B1) that their business plans are “credible” (they may be called for interviews to test this) and that they have held £945 in their account for 90 days prior to the application (although these funds can now also be provided by the endorsing bodies) They will be allowed to come with, or by joined by, their dependants, with rules similar to those currently applicable to Point Based System migrants. Start-up visa The Graduate Entrepreneur route will be closed to new applicants as of 6 July 2019. Tier 1 (Graduate Entrepreneur) applications can therefore continue to be made until 5 July 2019. The Tier 1 (Graduate Entrepreneur) will be replaced by the Start-up visa category. The Start-up category is an expanded version of the Tier 1 (Graduate Entrepreneur) category. It is for those starting a new business for the first time in the UK. Applicants will not need to be graduates and will not need to have secured any initial funding. Successful applicants will be granted 2 years’ leave (doubled from 1 year) and will be able to progress into the Innovator category to continue developing their businesses in the UK after that time. Part W5 of the new Appendix W contains the specific requirements for a start-up visa, including who can endorse applicants for one, their monitoring responsibilities and the form of an endorsement letter. The letter must contain specified information and speak to the business’s “innovation, viability and scalability”. In addition, although someone on a start-up visa is not limited to work for their business only, the endorsement body letter must confirm that the endorsing body is “reasonably satisfied that the applicant will spend the majority of their working time in the UK on developing business ventures”. A start-up visa “does not lead directly to settlement in the UK”, although the person can switch onto an innovator visa. There are transitional arrangements for those already here on Tier 1 (Graduate Entrepreneur) visas to switch onto the new system. Innovator visa Tier 1 (Entrepreneur) will be replaced on the 29th March 2019 by the Innovator visa. The Innovator category is intended for more experienced businesspeople. As well as an endorsement, applicants will need £50,000 to invest in their business from any legitimate source (reduced from £200,000 for most applicants in the current Tier 1 (Entrepreneur) category). The funding requirement will be waived for those switching from the Start-up category who have made significant achievements against their business plans. The category may lead to settlement in the UK. The new Appendix W gives the details, this time in Part 6. The three main endorsement criteria are, like for start-up visas, innovation, viability and scalability, although an applicant is expected to show that they already have the necessary skills (start-ups can show that they are “developing” them; and that there is potential for growth into national and international markets (rather than national only for start-ups). The endorser must also be “reasonably satisfied that the applicant will spend their entire working time in the UK on developing business ventures”; i.e. innovators cannot work other than for their business. There is not yet a set list of organisations that can endorse someone for an innovator visa, although endorsing bodies must be able to satisfy the criteria in Part W6.8. Innovators will be eligible to apply for indefinite leave to remain after 3 years continuous residence in the UK as innovators, provided they satisfy at least two of a list of criteria relating to how much money they invested, how much the business grew and/or how many jobs they created. Extension applications for Tier 1 (Entrepreneur) migrants will remain open until the 5th April 2023, and settlement applications until the 5th April 2025. Successful Tier 1 (Entrepreneur) migrants applying for an extension from abroad will be granted 2 years and 4 months leave (as opposed to the current 2 years). Tier 1 Investor visas There are significant changes to the Tier 1 (Investor) route from 29 March 2019. These include lengthening the period for which funds must be held prior to applying from 90 days to 2 years. The requirement to open a UK bank account before applying for an investor visa “is being tightened to make explicit that the bank must carry out all required due diligence checks and Know Your Customer enquiries, and confirm that these have been done”. Applicants will no longer be able to simply buy up UK national debt to qualify as an investor. Purchase of UK government bonds is being excluded as a qualifying investment. There will be tighter rules on routing investment funds via “intermediary vehicles”, including a requirement that such vehicles be regulated by the Financial Conduct Authority. The definition of “active and trading” companies is also being tightened so that they: (i) are registered with Companies House in the UK; (ii) are registered with HM Revenue and Customs for corporation tax and PAYE; (iii) have accounts and a UK business bank account, both showing regular trading of its own goods or services; (iv) have at least two UK-based employees who are not its directors. Transitional arrangements for current Investor visa holders will be in place until the 5th April 2023 for extension applications and the 5th April 2025 for settlement applications. Successful Tier 1 (Investor) migrants applying for an extension from abroad will be granted 2 years and 4 months leave. Tier 2 salary levels The Codes of Practice at Appendix J of the Rules have been amended, resulting in an increase in the minimum salary sponsors will need to pay applicants for many SOC codes. There is also a technical change to the salary bands that inform the monthly quota of Tier 2 (General) visas. Essentially, visa applications get a higher priority in the quota allocation the higher the salary, but the points only increase every £5,000. This means that when the quota is oversubscribed, a whole batch of applications that are on all the same points are rejected en masse, as there is no fair way of being able to decide which to approve and which not to. To address this issue, the Government has removed the bands and instead awarded one point for each £1,000 of gross annual salary. The effect of this change will mean more applications could be awarded within a monthly allocation, reducing potential refusals. Students on Tier 4 leave who are eligible to switch to Tier 2 can apply up to three months before the expected completion date of their course (rather than only after they completed the course). Tier 2 migrants applying for indefinite leave to remain will need to earn a minimum salary of £38,800 if the date of application is on or after 6 April 2023, and £40,100 if the date of application is on or after 6 April 2024. Part 2 Changed to the EU Settlement Scheme Significant points to highlight are: It will be possible to apply under the scheme from outside the UK. -Non-EEA citizens will be able to apply for an “EU Settlement Scheme Family Permit” to join or accompany an EEA citizen who has been granted leave under the settlement scheme. Those Family Permits will be valid for six months. -Applications made under Appendix EU will be free of charge. (This will be implemented by secondary legislation.) -Citizens of Norway, Iceland, Liechtenstein and Switzerland, and their family members, will be able to apply under the Settlement Scheme -Zambrano carers and other non-EU citizens with “derivative” rights of residence in the UK will be able to apply for settled status. As well as Zambrano cases, “Chen carers’”(the primary carer of a self-sufficient EEA citizen child) and “Ibrahim and Teixeira” cases (a child of a former EEA citizen worker who is in education in the UK and their primary carer) are covered. Their applications will have to be made on a paper application form, however. -Everyone else must go digital, unless a paper application is “approved on an individual basis in light of the exceptional circumstances of the case”. These exceptional circumstances are still undefined for now, it appears, but will appear on gov.uk at some stage. -The date by which EEA nationals must have been continuously resident in the UK, and certain family relationships will need to have been formed, will be 31 December 2020 if the UK leaves with a deal, or 29 March 2019 if the UK leaves without a deal -Those living on the Isle of Man or Channel Islands can get settled status too. -EU citizens who have been working for the UK government or armed forces abroad (“Crown service”) can count this towards their residency for settled status. -It will be possible to submit national ID cards as identity documents for EEA nationals, and biometric residence cards for non-EEA family members -“There will also be scope for the Secretary of State to accept alternative evidence of identity and nationality where the applicant is unable to provide the required document due to circumstances beyond their control, or due to compelling practical or compassionate reasons.” -Administrative reviews can now be made from outside the UK. -Some of the general grounds for refusal found at part 9 of the Immigration Rules will apply to applications under the EU Settlement Scheme if the UK leaves without a deal Statelessness In future there will be an initial grant of five years leave if the stateless succeed in applying to stay in the UK for lack of any other nationality (up from 30 months today). But applicants now have to show that they cannot acquire another nationality in order to succeed. Paragraph 403 of the Rules now includes a requirement that an applicant for leave to remain as a stateless person: "c) has taken reasonable steps to facilitate admission to their country of former habitual residence or any other country but has been unable to secure the right of admission. and (e) has sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country; and (f) if, in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.” Other changes Other changes brought about by the Statement of Changes include The time limits for study at degree level or above does not include time spent studying below the age of 18. Some changes to the evidential requirements for Tier 1 (Exceptional Talent) applications The Jamaican Nursing Exchange scheme is added to the list of approved Government Authorised Exchange schemes Tier 5 (Youth Mobility Scheme) applicants from Hong Kong will no longer need to obtain a certificate of sponsorship before they apply The list of countries in Appendix H, for which there are lower documentary requirements for Tier 4 student visas, is updated to add Brazil, Kazakhstan, Mauritius, Oman, Peru and Tunisia; and to remove Argentina, the Maldives and Trinidad and Tobago. The minister says that “this will result in approximately 4,500 additional students being able to benefit from Appendix H”.
  22. British Lawyer

    Важные изменения в Правилах с марта 2019 года

    Detailed follow up: 11 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> More on the newly introduces immigration categies Start Up Visa The Start-up category is for those who are looking to establish a business in the United Kingdom for the first time. In order to qualify under this category, applicants need a business idea that is (a) innovative, (b) scalable; and (c) viable. The idea itself must be supported by an ‘endorsing body’. A grant of leave under this category is for 2-years and does not lead directly to settlement. It is important to note that the 2 year time-limit for length of leave will include time already granted under the Tier 1 (Graduate Entrepreneur) route. Whilst applicants are ‘timed out’ of leave after 2 years, they may, if they wish, switch to the innovator category. Innovator The innovator category is for a businessperson with more experience. Presumably this is defined as someone who has already set up a business in the United Kingdom, or has prior business experience abroad. In any event, the definition of ‘innovator’ sits in juxtaposition to the definition of the Start-up category, which is for those who are looking to establish a business in the UK for the first time. An innovator, like a Start-up migrant, must have a business idea that is (a) innovative, (b) scalable; and (c) viable, which is supported by an ‘endorsing body’. With a few exceptions, applicants under the innovator category will also have to demonstrate that they have funding to invest in their business. In particular, applicant will need £50,000 to invest in their business from any legitimate source. Dependant on how an applicant has performed with regards to the business they submitted for a start-up visa (if they did this) the funding requirement may be waived. The key difference between the innovator and start-up categories is that someone in the innovator category is on the route to settlement if they so wish. Leave under both categories will be subject to a, fully inclusive, list of conditions. The prospective migrant must not (a) undertake employment as a doctor or dentist in training or (b) undertake employment as a professional sportsperson, including coaches. Finally, innovators must not undertake employment other than working for the business/es that the applicant has established. The rules go on to clarify that: “working for such business(es) does not include any work pursuant to a contract of service or apprenticeship, whether express or implied and whether oral or written, with another business. This means successful applicants cannot effectively fill a position or hire their labour to another business, even if the work is undertaken through contracting with the applicant’s own business or through a recruitment or employment agency.” Applicants will be granted leave subject to 3 conditions, namely (a) they will have no recourse to public funds, (b) they must register with the police if required by Part 10 of the Immigration Rules; and (c) they may study, subject to the conditions in Part 15 of the Rules. Applicants can have their leave curtailed pursuant to paragraph 323 (Part 9) of the Immigration Rules, as usual. Additionally, however, leave may be curtailed under these categories if an ‘endorsing body’ either (a) withdraws their endorsement of the migrant; or (b) loses their status as an endorsing body. The new Appendix W, with regards to the new categories above “includes similar provisions to the Points-Based System regarding evidential flexibility, switching categories, English language and maintenance funds requirements, qualifying for settlement and the ability for dependants (partners and children under age 18) to apply.” A prospective applicant will need at least £945 in maintenance funds, which increases in line with dependants, English language requirements have been toughened up to B2 level, up from B1. Finally, after 3 years’ continuous residence under the Innovator category, an applicant will be eligible for indefinite leave to remain. However, the knowledge of life in the UK test remains an integral part of acquiring indefinite leave to remain. With regards to switching from the existing PBS into the new categories, Appendix W also lays out some equivalences. People in either (a) Tier 1 (Graduate Entrepreneur), (b) Tier 2, (c) Tier 4 (General) – with restrictions; and (d) a visitor undertaking permitted activities pursuant to Appendix V of the rule may switch in to the Start-up category. This list is reproduced for those eligible to switch to the innovator category, with the addition of those in the start-up category. Tier 1 (Investor) The Tier 1 (Investor) Scheme has been tightened up in several ways: 1. There is now a requirement for investors to provide evidence of the source of any investment funds they have obtained within the last two years (up from 90 days at present) 2. As a corollary to this, investors must now have held the funds for a consecutive two-year period of time. 3. UK banks have a requirement to confirm they have carried out the checks they are required to make before opening an investment account 4. Applicants will no longer be allowed to invest in UK Government bonds unless their initial grant of leave was as a Tier 1 (Investor) Migrant under the Rules in place before 29 March 2019 and the date of application is before 6 April 2023. 5. The rules around investment in companies have become more strict, with longer definitions of active and trading UK registered companies, and further more detailed changes. These can be found under new paragraph 65A. 6. An Entry Clearance Officer must not have reasonable grounds to believe that the applicant is or was not in control of and at liberty to freely invest the money specified in their application for the purposes of meeting the requirements of the Tier 1 (Investor) visa. 7. Similarly, there must not be reasonable grounds to believe that any of the money has been or will be transferred internationally by means which are unlawful in any of the countries involved, additional to the current rule that it must not have been acquired by means of conduct unlawful in the UK. 8. Anyone who has held Tier 1 (Investor) Migrant status in the 12 months before their application will be granted 2 years rather than 3 years 4 months entry clearance. Another change is that the requirements will be at a new Appendix A: Table 7 has been removed. EU Settlement Scheme A key change to the EU Settlement Scheme is that Zambrano carers and those with derivative rights to reside such as under Chen and Ibrahim/Teixeira are now included. A Zambrano carer is defined as a person: (a)With, by the specified date, a right to reside in the UK by virtue of regulation 16(1) of the EEA Regulations, by satisfying the criteria in: (i) paragraph (5) of that regulation; or (ii) paragraph (6)(c) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5); and (b) without leave to enter or remain in the UK granted under another part of these Rules A person with a derivative right to reside is defined as a person: With, by the specified date, a right to reside in the UK by virtue of regulation 16(1) of the EEA Regulations: (a) regardless of whether, in respect of the criterion in regulation 16(2)(b)(ii) of the EEA Regulations, the EEA citizen meets, or (as the case may be) met, the requirement in regulation 4(1)(c)(ii) of the EEA Regulations for comprehensive sickness insurance cover in the UK; and (b) excluding a person satisfying the criteria in: (i) paragraph (5) of regulation 16(1) of the EEA Regulations; or (ii) paragraph (6)(c) of that regulation where that person’s primary carer is, or (as the case may be) was, entitled to a derivative right to reside in the UK under paragraph (5) The Home Office appear to be giving thought to where easy changes can improve the clarity of the Rules. In particular, the use of bold in key places throughout Appendix EU is commendable. Additionally, applications may now be made outside the UK, so long as required proof of entitlement to do so is provided, namely a valid passport or national identity card so long as such card has an interoperable biometric chip. In certain circumstances alternative evidence of entitlement to apply from outside the UK may be provided. Note too, that a family permit system has been introduced. The proof will be in the pudding but the requirements appear consistent with those in Appendix EU.
  23. British Lawyer

    Важные изменения в Правилах с марта 2019 года

    Приветствую. Home Office понимает, что нужно же кае-то заменить Европейцев... По текущим правилам и по тому, сколько времени Вы провели в UK, Вам нужно и "закончить" по новой категории. Детально нужно смотреть Appendix W и другие сопутствующие документы, т.к. c Home Office возможны "варианты". Кстати, тот же Новатор (Innovator) существовал раньше, до появления Tier 1 (Entrepreneur). Сейчас получил детальный brief по изменениям, постараюсь скоро выложить здесь.
  24. British Lawyer

    Важные судебные решения и новости для иммигрантов

    09 March 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923 >>> Bringing a surrogate born child into the UK ? You can use the following resources to understand how to bring a surrogate born child into the UK: - Nationality policy: surrogacy - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/631645/nationality-policy-surrogacy-v1.0EXT.pdf - UKBA Inter-country surrogacy and the immigration rules - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/261435/Intercountry-surrogacy-leaflet.pdf - FCO Surrogacy Overseas - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/477720/new_1.pdf >>> EU law “extended family members” get appeal rights under new regulations: http://www.legislation.gov.uk/uksi/2019/468/contents/made The most important of the changes are to give non-EU extended family members of EU citizens a right of appeal against refusal of a family permit or residence card. The regulations also implement last summer’s Court of Justice ruling allowing extended family members to avail of the Surinder Singh immigration route. What is an extended family member? An “extended family member” is the UK version of what in EU law is called an “other family member” in Article 3 of Directive 2004/38. There are broadly three types of extended family member: 1. Dependants or members of the household of the EEA national who are dependent or members of household both before and after entry 2. A relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner 3. A partner in a “durable relationship” with the EEA national The free movement rights of extended family members are less strong than for direct family members such as spouses, children and dependent parents. For example, in the UK an extended family member must be granted a residence card in order to have full free movement rights. The regulations also implement the Court of Justice of the European Union ruling in C‑89/17 Banger v UK, also as of 28 March. This is mostly done by changing “family members” to “family members and extended family members” in various bits of Regulations 7 and 9 of the EEA Regulations 2016. Zambrano carers Zambrano carers etc will be able to apply for post-Brexit settled status. There is a technical change made to the EEA Regulations to cater for this. In force from 28 March 2019.
  25. Вчера проводил очередную Skype консультацию. В этот раз - с гражданкой из Суринама. Во сремя консультации данная гражданка постоянно ходила по дому, в одно руке держа телефон с камерой перед собой а в другой руке - спящего ребенка. Так и провели "мобильную" консультацию. Я за пару десятков лет своей практики многое видел, то такое было в первый раз ...
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