British Lawyer

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.

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.

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”.

Каждый день приносит хорошие новости для наших клиентов. Пятница не была исключением. Только что получил уведомление из Home Office о том, что курьер DX сегодня доставит 4 новые BRP карточки клиентам: 3 x BRP - ПМЖ (ILR - Settlement) для семьи из трех человек. Жертвы домашнего насилия. Подавали заявление через Super Premium Service - рассмотрение за 24 часа 1 x BRP - ПМЖ (ILR - Settlement) для ребенка старше 18 лет из семьи инвестора (Tier 1 Investor). Подавали заявление через Super Premium Service - рассмотрение за 24 часа Как всегда, заявления подавались по новой системе, т.е. никаких оригиналов, никакой отсылки документов куда-либо по почте. Все было оформлено в кратчайшие сроки, т.к. как всегда с Legal Centre.

£170 000 000 кажется они получили от Home Office...

07 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 >>> Home Office softens EU settled status requirements after charity’s legal action The Joint Council for the Welfare of Immigrants (JCWI) has settled its legal action with the government over the EU Settlement Scheme following changes to the system. The revisions address concerns that the detailed rules for the scheme would allow the Home Office to deny settled status to more EU citizens than previously thought, contrary to political commitments made since the Brexit referendum. The Home Office has made three concessions off the back of the litigation: - A previous decision to remove an EU citizen from the UK is no longer a mandatory reason to refuse settled status. Caseworkers may still deny settlement on this basis, but only where it is proportionate to do so. This change to the Settlement Scheme rules has already been made. - Officials will not refuse settled status because of a deportation order more than two years old without considering “whether there has been a material change of circumstances since the deportation order was made”. The deportation must continue to be “justified on the grounds of public policy, public security or public health”. This change has been embedded in guidance for caseworkers since 21 January. - The caseworker guidance will also be changed to confirm that EU citizens do not meet the threshold for removal from the UK “solely because they are a student or self-sufficient person who does not hold comprehensive sickness insurance”. The draft consent order — a court document stating the terms on which the case has been settled — also confirms that nobody will be refused settled status because they have not been working in the UK, or only working part-time. As with the comprehensive sickness insurance point, it is extremely surprising and a touch worrying that this needed official clarification. The government has consistently said that the only real qualification for settled status is residence in the UK. JCWI had begun legal action last year, saying that the detailed rules “require some EU citizens that they promised would be allowed to stay to be denied status”. The Public Law Project, which represented JCWI in the judicial review claim, says that the “during the litigation, the Home Secretary has adopted many of JCWI’s requests to make sure that the rules for settled status better reflects what the Government told everyone about the scheme, and results in more proportionate and fairer decision making”. JCWI “will pursue their outstanding concerns about the scheme via their campaign[ing] and policy work”. It has been a very good week for JCWI. On 1 March, the organisation won a comprehensive High Court victory in which the government’s Right to Rent scheme was held discriminatory and in breach of human rights law.

Приветствую. До апреля 2019 цена не изменится. Далее - как объявят. Приветствую. Только можно увидеть, какие файлы загрузились.

Каждый день приносит хорошие новости для клиентов. Сегодня получили E-mail из Home Office: - Уведомление о том, что заявление клиента, члена семьи инвестора (Tier 1 Investor) на ПМЖ (ILR) был одобрено - Уведомление что клиент по категории "легализация" получил сегодня свою новую BRP карточку Делюсь хорошими новостями от Legal Centre :-)

Приветствую. Что это ? Ни разу не сталкивался с CIC.

Спасибо, Игорь.Клиентка сейчас попросила помочь с гражданством. Как жена британца она сразу же может подавать на натурализацию, т.е. ей не нужно ждать 12 месяцев Некоторые форумчане открывают сразу 2 дела у нас: ILR (ПМЖ) + Naturalization (гражданство), чтобы сразу без задержек подать а гражданство.

Приветствую. Да, с 05-02-2014 отсчет. Для поднятия настроения в треде. Вот как выглядит Home Office 24-hour Super Premium Service approval E-mail:

Каждый день приносит хорошие новости клиентам Legal Centre Этот вторник не был исключением. Вот как выглядит E-mail из Home Office, уведомляющий меня о том, что заявление моей клиентки на ILR - SET(M) было рассмотрено положительно, и что клиентке выслали новую ILR BRP карточку:

Пожалуйста. Был рад помочь Вам.

Приветствую. На ILR засчитывается срок только с даты получения (в Вашем случае) визы жены. Подавать можно за 28 дней до окончания 5-и летнего срока, т.е. не раньше, чем 4 года 11 месяцев начиная с 01-09-2016. Итого на ILR можно подавать в районе 01-08-2021.

04 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 >>> JCWI: how we beat the hostile environment in court: https://www.bailii.org/ew/cases/EWHC/Admin/2019/452.html Recently, the High Court has ruled that the ‘Right to Rent’ checks, a key policy of Theresa May’s so-called “hostile”, now rebranded as “compliant environment”, cause landlords to discriminate against prospective tenants on racial and nationality grounds. Mr Justice Martin Spencer has handed down a damning verdict excoriating the government, saying that the scheme not merely risks causing illegal discrimination, but is certain to do so, as would any scheme of this kind. Furthermore, the judge found that the government has “not come close” to justifying the discriminatory impact of the scheme, especially since it had failed to collect any data demonstrating that it actually works in its stated aim: making undocumented migrants leave the country. The ruling has significant implications for the development of human rights and discrimination law. Having found the scheme caused landlords to discriminate, Spencer J had to consider whether this actually came within the ambit of Article 8 for the purposes of engaging Article 14 of the European Convention on Human Rights. This is a significant victory for the JCWI, as it does a major blow to the logic of the whole hostile environment. The JCWI hopes that it will have repercussions for its other pillars: NHS charging, bank checks and employment checks. Under the circumstances it is unsurprising that the government is seeking to appeal the ruling, seemingly unconcerned about the optics of spending further public money on fighting for the right to cause racial discrimination. It seems that in the pursuit of looking “tough” on immigration, a return to the outright racism that existed in the housing market in the ‘50s is alright by Sajid Javid. >>> UKVI Guidance: Staying in the UK for longer than 3 months if there's no Brexit deal: https://www.gov.uk/guidance/european-temporary-leave-to-remain-in-the-uk?utm_source=33b70930-ccdf-435d-a8fd-35ad6f817d48&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Guidance for EU, EEA and Swiss citizens coming to the UK to visit, study, work or join family if the UK leaves the EU with no deal. Updated to include Swiss citizens >>> UKVI Guidance: Common travel area: https://www.gov.uk/government/publications/common-travel-area?utm_source=719ba4b8-588b-4c4b-a3cd-45836f747d1c&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Guidance for staff on the common travel area (CTA). >>> UKVI Guidance: Tier 5 temporary worker concession (creative and sporting): immigration clearance form: https://www.gov.uk/government/publications/tier-5-temporary-worker-concession-creative-and-sporting-immigration-clearance-form?utm_source=cff4df0e-f88e-4778-a93c-ad5be5f16a8a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Application form for people who want to enter the UK from Ireland to undertake paid, temporary engagement.

Приветствую. Я всегда делаю на двух листах. В любом случае так сканировать удобнее.

Приветствую. Этот вариант легко подвержен ошибке... После биометрики - уже поздно. Новые файлы не будут переданы в Home Office...

Приветствую, Как Вы загружали документы ? По одному файлу или по сгруппированным в один файл документам ? Обратите внимание, что Sopra Steria не имеет лицензии на проверки и т.п. помощь. У них есть только право на биометрику и сканирование, по большому счету. Это давно известно и сейчас ILPA, Law Society и т.п. готовятся "закрыть" эту лавочку (т.е. попытки взять деньги за доп. услуги как Вы описали выше). Я могу представить, что они там "напроверяли".

+1............... Приветствую, Однозначно не через check in.

27 February 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 >>> UK Immigration White Paper anaylsis From 1 January 2021, everyone, bar British and Irish citizens, will be subject to immigration control. The current system will apply to EU nationals in the same way it currently does to TCNs. a. EU citizens will not be visa nationals and will continue to be able to use the e-gates. b. (EU) Visitors will be allowed to switch into Tier 2 employment. c. An Electronic Travel Authorisation (ETA) will be introduced for those who do not need to obtain a visa before travelling to the UK for visiting purposes. This is similar to the US ESTA scheme. The EU is also planning to introduce a similar scheme – ETIAS – which UK citizens will be subject to after Brexit. d. For skilled workers: Tier 2 (General) will be opened to medium skilled workers with the skills threshold dropping from RQF level 6 to 3. e. RLMT will be abolished for RQF Level 6 positions but it appears that it may be retained in some form for levels 3-5. f. ISC will remain in place for all Tier 2 migrants. g. The immigration cap which applies to most Tier 2 (General) migrants applying overseas will be abolished. h. A consultation on the salary threshold is foreseen for Tier 2 (General) applicants. However, the minimum salary for ICT applicants will be retained. They are looking to explore options for start-ups who cannot pay high wages but can provide equity into the business. i. Small companies that only need to sponsor a small number of migrants may not require a sponsor licence is likely to refer to a work permit scheme where you apply directly to the Home Office who acts as a ‘sponsor’. j. Sponsorship – the White Paper refers to greater reliance on data held across government in order to adopt a more risk-based approach and remove bureaucracy for employers. The issue is how the Home Office will police this. It appears that this will lead to the Home Office doing a lot more desktop reviews e.g. checking HMRC records to ensure that the salary being paid matches the one stated on the CoS. On the minimum salary and whether the Shortage Occupation List will be retained if the Tier 2 cap is abolished – it was thought that they might retain the £30,000 threshold, although the Home Office said that they would consult on this, but expand the shortage occupation list and that roles on that list would be subject to a lower salary threshold. Low Skilled Workers: An uncapped temporary immigration route will be introduced which will allow nationals of certain low risk countries to come to the UK for up to 12 months to work. The White Paper emphasises that this category will not lead to ILR, no dependants will be able to accompany the main applicant and there will be a 12-month cooling off period once the migrant has left the UK. It may be difficult for the Home Office to prevent abuse of this category. It could be seen as enabling people simply to pay for the privilege of working in the UK. This appears to be a very liberal system which goes beyond what is offered by other countries and could end up being a bit of a free for all for nationals from the designated countries. Seasonal agricultural worker scheme is apparently being introduced very shortly. The Youth Mobility would also be extended to EU countries, on a reciprocal basis. It appears that the White Paper is signalling the end of the Points Based System as no reference is made to it in the document. Self-employment routes Tier 1 (Entrepreneur) will be replaced by innovator and start-up visa categories. However, the Home Office does not appear to have consulted on the requirements for these categories.. Numbers permitted under Tier 1 (Exceptional Talent) will be increased. The White Paper appears to indicate that the only routes for self-employment which lead to ILR, with the exception of the Tier 1 (Exceptional Talent) route, will continue to be those requiring investment. It seems this will be a massive issue for those EU nationals who could previously come and establish themselves in business in the UK without having to make an investment. Everyone who graduates with a bachelor's or master's degree from a UK insti***ion will be given six months to work in the UK after the end of their course. PhD graduates will get 12 months. The key issue as far as studying is concerned is that it appears that EU students will fit in to Tier 4. The White Paper does talk about streamlining or making it less burdensome on the sponsors but only a commitment to look at that rather than making suggestions as to how they are looking to change it.

Приветствую, Ко мне нужно было обратиться до подачи заявления. Жду Вас на online консультацию. Запись здесь: https://www.legalcentre.org/Konsultacija-s-Advokatom.html

Приветствую. Можете простот написать номер Settlement BRP карточки. Мы так в нашем местном Home Office со знакомыми caseworkers давно договорились делать. Или хотя бы последний case id (COHID) из письма Home Office.

Каждое заявление индивидуально. Возможны разные варианты. Ссылка на первоисточник (анг): https://www.gov.uk/family-permit По-русски, четко и понятно: https://legalcentre.org/Konsultacija-s-Advokatom.html

24 February 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 >>> Deportation order revocation process: https://www.gov.uk/government/publications/who-needs-an-entry-clearance-ecb04/ecb04-who-needs-an-entry-clearance >>> Dublin III family reunion for refugees who have become British citizens: https://www.bailii.org/uk/cases/UKUT/IAC/2019/66.html In a newly reported judgment the Upper Tribunal has quashed the Secretary of State’s decision to refuse a request from the Greek government to take charge of the asylum claims of a mother and her three children so they could reunite with the father, who lives in the UK. The case is R (BJ & Ors) v Secretary of State for the Home Department (Article 9, Dublin III; interpretation) [2019] UKUT 66 (IAC). The Home Office had refused to let the family come to the UK because the father, who had previously been recognised as a refugee, had become a British citizen. As a result, the mother and children were stuck in Greece while the father remained in the UK, despite the family having been identified by the Greek government as eligible for transfer to the UK. The Home Office argued that Article 9 of the Dublin III Regulation only applied to current beneficiaries of international protection and therefore excluded this family because the father was no longer a refugee. That is despite an Upper Tribunal decision from last year which rejected that interpretation. The present tribunal chose not to adopt the reasoning of the earlier decision, but fortunately still concluded that Article 9 applies to both current and former beneficiaries of international protection. The decision is a victory for common sense.

Пожалуйста. Рад был помочь Вам.