British Lawyer

Каждый день приносит хорошие новости клиентам Legal Centre. Сегодня, во вторник, получили уведомления о том, что заявления моих очередных клиентов по категориях Tier 1 Investor and Tier 2 General были одобрены и что клиенты скоро получат их новые BRP карточки:

Пожалуйста. Рад был Вам помочь.

Пожалуйста. Рад был Вам помочь.

Заявления начинают рассматривать только после сдачи биометрики.

22 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 >>> Family reunion - Asylum policy guidance on family reunion applications: https://www.gov.uk/government/publications/family-reunion-instruction Updated guidance >>> Clarification of the start-date of Start Up and Innovator visas The Home Office have confirmed that the start date of the new Start Up and Innovator categories is in fact 29 March. The Home Office also confirmed that it is not parts W2-W4 of the Appendix that come into force on 1 August but part W2-W4 of the Statement of Changes relating to a small change to the definition of higher education institutions. "Go figure" (c) >>> Making it harder for Turkish citizens to settle in the UK is for their own good, judge says: https://www.bailii.org/ew/cases/EWHC/Admin/2019/603.html In March 2018, the Home Office stunned the Turkish community by abolishing the route to settlement in the UK that had existed under the Ankara Agreement. It did issue replacement rules for Turkish businesspeople to get indefinite leave to remain a few months later, but these were more stringent than what had existed before. Applicants can now only get settlement after five years (it had been four), must pay an application fee (£2,389) and pass an English language test. A group of Turkish citizens already living in the UK challenged this retrospective change in R (Alliance of Turkish Businesspeople Ltd) v Secretary of State for the Home Department [2019] EWHC 603 (Admin). They contended that the Home Office had pulled the rug from under them: in legal terms, that they had a legitimate expectation of getting indefinite leave to remain under the old rules when they decided to come and live in the UK. The group argued that frustrating this expectation was so unfair as to be unlawful. The High Court, in a decision handed down on Monday, accepted that there was a legitimate expectation there but held that frustrating it was justified.

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Анкету то же вернули ?

Нет, не должно входить и Вам это не нужно !

Каждый день приносит хорошие новости для клиентов Legal Centre. Иногда - несколько хороших новостей. Сегодня получили подтверждения о том, что наши клиенты получили Settlement/ILR (категории Tier 1 и unmarried partner of a UK citizen) используя 24-и часовой Super Premium Service. Как всегда, вся работа была проделана дистанционно через т.н. New System + инновацию Legal Centre, т.е. клиенты никуда не высылали свои оригинальные документы: Делюсь хорошими новостями (с)

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.

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.

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.

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

Спасибо за теплые слова. Удачи Вам :-)

Пожалуйста. Рад был Вам помочь.

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.

Да. "Во всем виноват Brexit". Пожалуйста. Рад был помочь Вам.

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 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.".

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".

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.

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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.

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.

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.