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Весь контент British Lawyer
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Отличные новости, поздравляю !
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Каждый день приносит хорошие новости для клиентов Legal Centre. Этот вторник не был исключением. Только что получил новые BRP карточки для своих клиентов: - Клиентка из США получила 5-и летнюю BRP по ускоренной процедуре (брак с гражданином EU) - Клиент c Украины (до этого - почти пару десятков лет - нелегально в UK) получил 5-и летнюю BRP на основании партнерских отношений с гражданкой EU.
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18 December 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 New Front End Service update – some questions answered Q: The Sopra Steria’s scanners at the new Visa Application Centres in the UK are rather slow, it takes about 20 seconds for their scanner to scan a single page. Also, Sopra Steria does not issues any receipts to confirm that they (received and) scanned the documents ? Can Sopra Steria issue the receipts upon scanning the documents ? A: Currently there is not facility whereby the customer receives a confirmation or receipt of doc-uments being scanned but we have sent this onto Sopra Steria to consider. Q: How much does it cost for the Sopra Steria to scan the documents at the time of the application ? A: £35 Q: Is it possible to reschedule a booked appointment via the Sopra Steria web-site ? A: No, currently you cannot reschedule your appointment. You must first cancel your appointment and then book a new appointment (and pay the fee again). Q: Is there a cancellation charge for cancelling an appointment booked via the Sopra Steria’s web-site ? A: If an applicant cancels their appointment within 48 hours of their appointment time they will incur a cancellation charge. If an applicant cancels their appointment more than 48 hours in advance of their appointment time they will not incur a cancellation charge. Q: How much does a VIP appointment cost (a visit by the Sopra Steria on site, for example) ? A: The VIP service will be £650 per agent per hour. Q: How much time do I have to enrol for the biometrics upon submission of the online application under the New Front End Service ? The Sopra Steris web-sites says that this needs to be done with-in 5 days from the application submission ? A: Although it is recommended the applicant attends an appointment within 5 working days of submitting their application it is not a requirement. The applicant can book an appointment more than 5 working days from the date of application and have 45 days to enrol their biometrics from the date of application. We would recommend you check the service standards of the application for the specific visa type before booking the appointment. Q: What will be the applicant’s position with regard to travel between the application being sub-mitted online and attending a biometric appointment (provided the BRP remains valid)? A: If someone travels while there is a live application leave to remain or Settlement application (ex-cludes the Naturalization application) this is grounds for an automatic withdrawal as they have to be in the UK when an application is being considered 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. The CTA is: • • UK • • Republic of Ireland • • Channel Islands • • Isle of Man 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. Q: What are the costs for the new Front End Services ? A: The details on fees can be found here; https://www.gov.uk/government/publications/visa-regulations-revised-table but for ease the fees are £610 for super priority, £477 for Priority and the fee for the standard service will depend on visa type. Q: Tier 1 Exceptional Talent/Promise Will expedited services be available for T1 (ET/EP) Stage 1 at any time - e.g. to be able to self-scan supporting documents or attend a Sopra office to submit both Stage 1 docs and Stage 2 at the same time? A: The stage 1 is for the applicant to apply for endorsement from the relevant Designated Compe-tent Body (DCB). They provide evidence to support their claim of their exceptional qualities within their specific field. This evidence is not linked to the case, it is passed through to the DCB for con-sideration. - The stage 2 is only applied for if the customer receives the endorsement from the relevant DCB, with this they need to provide details of their passport and BRP card, this information is linked to their case as it forms part of the immigration consideration. - There is a separate application form and payment for each stage and as specific evidence is re-quired for each stage it would not be possible to submit the information at the same time Q: What options does Tier 1 (Investor) and Tier 1 (Entrepreneur) applicants have ? A: As of the 13 November Tier 1 (Investors) applying for leave to remain can make an online application for a priority 10 day or a standard 8 week consideration. Customers choosing the new UK Visas and Citizenship Application Service have a range of appointment options to choose from including more flexible on-demand, mobile application services extending the beyond the main locations to, for example, university campuses, employers’ offices or individ-ual customers’ homes. Although the Tier 1 (Entrepreneur) applications can enrol their biometrics via a VIP appoint-ment they are not eligible for priority (10 day) or super priority (24 hour). Tier 1 (Entrepreneur) applications have an 8 week service standard. Tier 1 (Investors) leave to remain are offered a 10 day priority or 8 week service standard. There are plans to offer priori-ty considerations to Tier 1 investors applying for indefinite leave to remain, these will be avail-able in the new year. Q: Does the applicant need to scan all the pages of their passports ? A: The applicant is required to scan the biometrics page and any other page with a stamp or information contained on them. Q: Does had copy passport sized photos required ? A: Hardcopy passport-sized photographs are not required. >>> How not to fall foul of the new application process and ensure a valid Home Office application - Part1: https://ukimmigrationjusticewatch.com/2018/12/04/part-1-how-not-to-fall-foul-of-the-new-application-process-and-ensure-a-valid-home-office-application/ - Part2: https://ukimmigrationjusticewatch.com/2018/12/04/part-2-how-not-to-fall-foul-of-the-new-application-process-and-ensure-a-valid-home-office-application/
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Каждый день приносит хорошие новости для клиентов Legal Centre. Этот понедельник не был исключением. Только что получил подтвержение о положительном рассмотрении заявления по категории EEA одного из нашиз многочисленных клиентов из Украины. Заявление относительно редкого типа: легализация на основании долгосрочних отношений (без брака) с гражданкой EU. Рассмотрели заявление довольно быстро, за 3 недели. А вот решение из UK BA шло аж 2 недели ! Вот как выглядит такое письмо-подтверждение из UK BA:
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Приветствую, Примерно 6 недель.
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14 December 2018 – 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 >>> Can a child on a Visitor Visa switch into a Settlement Visa in-country ? Unlike the partner or parent or PBS child or child of non-PBS worker routes, there are no immigration status requirements preventing a child visitor from switching to child settlement within the UK. However, the UK BA may expect explanations of strong changes in circumstances. For children, any refusal should be subject to Section 55. But the Section 40 needs to be also taken into consideration. The Guidance does place the initial onus on the applicant to raise the issue of the best interests of the child involved.
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Приветствую, Такие серьезные вопросы решаются индивидуально здесь: https://www.legalcentre.org/Konsultacija-s-Advokatom.html
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Обычно с 09.00 до 17.00 доставляют. Если живете в большом городе - то до обеда обычно.
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Зависит от caseworker. BRP может просто прийти, а может и сначала уведомление по email прийти как здесь:
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BRP приходит только специальным курьером - DX. Обычно под подпись. Если пропустите - то нужно только снова заказывать доставку, т.к. забрать из местного центра DX нелья. Так как мы получаем BRP клиентов почти каждый день, у нас особый договор с курьером, он иногда заезжает к нам еще раз, если нужно.
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OK, понятно
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Отличные новости. В каком центре подавались ?
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12 December 2018 – 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 >>> Advance NHS charges for overseas visitors comply with the Equality Act: https://www.bailii.org/ew/cases/EWHC/Admin/2018/3392.html The High Court has ruled that the regulations for charging non-residents in advance for non-urgent NHS treatment are lawful. In R (MP) v Secretary of State for Health and Social Care [2018] EWHC 3392 (Admin), decided yesterday, the court rejected a claim that the government had a duty to consult before introducing advance charging and that it had not complied with the public sector equality duty >>> Can EEA nationals and their family members still be applying for the Residence/Permanent Residence etc during the Brexit transition period ? Yes, according to the UK BA: “There will remain scope for applications for documentation under the EEA Regulations while these continue to operate during the implementation period to 31 December 2020, in line with the draft WA. And such an application should not be treated as withdrawn where the applicant submits an application under the EU Settlement Scheme, as the person can hold a document under the EEA Regulations and UK immigration status under the scheme. We will continue to keep the gov.uk guidance under review. The need to maintain continuity of residence in order to qualify for settled status is emphasised in the ‘Important information’ enclosed with the decision letter sent to those granted pre-settled status.” >>> Tier 1 (Investor) Update from the UK BA “The Tier 1 (Investor) visa is not currently suspended. However, the Government remains committed to reforming the route. A further announcement will be made in due course. Any suspension would be implemented through changes to the Immigration Rules. Regards, Home Office | Migration Policy” >>> More information on the new UK BA Tier 5 Agricultural Scheme We saw it some 12-15 years ago, run by Condordia. Now it is back, to be run by Concordia and the Pro Force Limited. Namely: Seasonal worker pilot The seasonal worker pilot will be run under the existing Tier 5 (Temporary Worker) category. It will be open to applicants over the age of 18. In addition to making some amendments to Part 8 relating to dependants, and Part 6A of the Immigration Rules (in particular the part under the sub-heading “Tier 5 (Temporary Worker) Migrants), the statement of changes introduces a new appendix into the Rules, Appendix U. “Edible horticulture sector” (namely vegetable, fruits, vines and mushrooms) and “seasonal work” are defined in the introduction to the Rules. Seasonal work is defined as “employment which fluctuates or is restricted according to the season or time of the year”. The explanatory memo says that “the formal date of implementation for this pilot will be announced in due course”. Successful applicants will be issued leave starting 14 days before the beginning of the period of engagement and ending 14 days after the end of that period of engagement, but never for longer than six months in any 12-month period. They will not be allowed to carry on any other work than the work they are being sponsored for. It also seems that they will not be allowed to be accompanied by their family members to the UK.
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Пожалуйста. Рад был помочь.
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Каждый день приносит хорошие новости для клиентов Legal Centre. Этот понедельник не был исключением. Только что получил подтвержение о положительном рассмотрении заявления по категории EEA одной из наших клиенток из США. Рассмотрели заявление довольно быстро, за 5 недель. Вот как выглядит такое письмо-подтверждение из UK BA:
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Обратилось пару человек с отказами - подавали сами по новой системе. 1) Первый заявитель начитался рекламы Sopra Steria о том, что они как бы предоставляют юр. помощь при подготовке заявлений. Заплатил им за совет. Ему сказали, что можно подавать заранее и не ждать до 5 лет. Человек заплатил более £3000 и подал на ILR за 3 месяца до 5 лет, по срочному типу рассмотрения заявления. Разумеется, человек получил отказ. 2) Продление визы жены online. Как я и предупредал, система показывала уровень A1. Заявитель "поверила" системе и не пересдавала тест на уровень А2. Получила отказ. Я сообщил в ILPA об этом, мягко говоря, "беспределе" нового партнера UK BA. Так же упомянул о том, что Sopra Steria добавляет минимум £19.20 к уже "полной" цене за госпошлнину. Коллеги из Лондона так же сообщили и том, что практически нет т.н. free slots, и нужно доплачивать +£100 за слот. Отказы - простейшие. Скажу сразу - эти люди не русскоговорящие и не форумчане, иначе бы они как минимум знали или спросили, что намного заранее подвать нельзя, и что для продления визы жены нужен более высокий уровень А2. И не важно, что говорит web-site/система UK BA/Sopra Steria. И что только Правила являтся единственным законодательным актом, на который можно ссылаться. Сейчас помогаю им получить ILR и продление. Как меня уже даже цитируют британские коллеги, "UK Immigration Law could be compared to a mine field (c)". Далее. Новая система. Так же обратите внимание, что если Вы приносите документы на подачу в Sopra Steria с надеждой, что их правильно и качественно отсканируют, то звонящие сообщают, что Sopra Steria отказвается сканировать все документы и только сканирует, по их мнению, нужне документы. Это категорически не правильно и практически гарантирует отказ. Я рекомендую делать загрузку правильно отсканированных и сгруппированных документов перед сдачей биометрики. См. отчет и рекомнедации выше.
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См. комментарии выше.
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В чем была причина, что они отсканировали заново паспорта и свидетельство о браке с переводом ? Они не получили ваши копии после загрузки или формат загруженных документов был несовместим с их требованиями ?
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11 December 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 >>> Statement of changes to the Immigration Rules: HC 1779, 11 December 2018 (11 December 2018): https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1779-11-december-2018?utm_source=fba24dd8-3e3b-4e9d-a166-02c7dee5486b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate The main changes: •Introduce a new seasonal workers scheme; and •Expand protection offered to victims of domestic abuse, to include partners of refugees who have not yet gained indefinite leave to remain, as a result of the judgment in the case of A v Secretary of State for the Home Department (2017). Changes relating to Tier 1 of the Points-Based System Tier 1 (Exceptional Talent) • The endorsement of arts applicants is being widened to include those in the field of architecture. These applicants will be assessed by the Royal Institute for British Architects operating within the endorsement remit of Arts Council England; •For consistency, the grant periods for entry clearance applications have been amended to include an addition 4-month period for each potential grant of leave. This provides applicants with extra time to meet the qualifying period for settlement and reduces the likelihood that they would have to apply for further extension applications. Currently only applicants who request 5 years’ leave qualify for the additional 4-month period; •Other changes are being made to the criteria for endorsement by each Designated Competent Body, at those bodies’ requests. These include changes to the evidential requirements for digital technology applicants who, as a result of the Tech Nation online application form, are no longer required to supply paper copies of their specified evidence to the Home Office; and amendments within Arts Council England rules to ensure consistency across its subendorsers Changes relating to Tier 2 of the Points-Based System (PBS) •A change is being made to include the Academic Technology Approval Scheme (ATAS) requirement for Tier 2 (ICT) applicants extending leave in the United Kingdom. Applicants in all PBS routes are required to obtain an ATAS certificate before studying a postgraduate qualification in certain sensitive subjects, knowledge of which could be used in programmes to develop weapons of mass destruction (WMDs) or their means of delivery. The requirement for ICT extension applications had previously been excluded in error; •Remove references to ‘Universal Jobmatch’ from the Rules covering the Resident Labour Market Test (RLMT). Universal Jobmatch (UJM) was replaced by the ‘Find A Job’ service on 14 May 2018, with UJM permanently closing on 17 June 2018; •Changes to fix incorrect cross references in paragraph 78C(g) relating to inward investment requirements, and in table 11B, relating to the RLMT for creative occupations; •Including reference to the appropriate salary to be paid to nurses or midwives who are undertaking the Observed Structured Clinical Examination (OSCE) to obtain Nursing and Midwifery Council registration. Changes relating to Tier 4 of the Points-Based System • The definitions of “degree level study", “foundation degree” and "post-graduate level study" are being updated to replace the references to the "National Qualifications Framework" with "Regulated Qualifications Framework" as the latter is now the framework used to determine levels of study in the UK. • A definition of a “higher education provider” is being added to the introduction section of the rules to reflect the changes to Tier 4 arising from the higher education reform in England, including the introduction of the Office for Students, and so that institutions in the Devolved Administration have the same ability to offer privileges to their students as institutions in England. Accordingly, references to “higher education institutions”, where appropriate, are being changed to “higher education provider”. • A definition of a “track record of compliance” is being added to the introduction section of the rules. Changes are being made to Parts 6A and 8 of the Immigration Rules, to set out when a student who is sponsored by a higher education provider with a track record of compliance will receive conditions of leave which entitle them to work, apply for further Tier 4 leave in the UK, and bring dependants. These changes will come into effect on 1 August 2019 and are being made in support of the changes to Tier 4 arising from the higher education reform in England. • A change is being made to Appendix C to make clear that Tier 4 applicants, who rely on student loans or funds from official financial sponsors, are not required to demonstrate that the funds have been held for a period of 28 consecutive days. A minor change is being made to clarify that a Tier 4 migrant must have the funds available to them on the date of application, except where the funds are being provided as a financial loan and the student separately confirms when the funds will be available to them. • In Appendix C, a change is being made to clarify that if the applicant is a Tier 4 (Child) Student the specified documents submitted with their application must confirm who is providing the maintenance funds for their use in studying and living in the UK and that the funds will remain available to them unless used to pay for course fees and living costs. • Amendments are being made to the rules in Appendix C to make them gender neutral Changes relating to Tier 5 of the Points-Based System • General quota related changes • Introduction of a 12-month cooling off period for charity and religious workers • Introduction of the new seasonal workers pilot scheme - the formal date of implementation for this pilot will be announced in due course Minor changes to the Visitor, Ancestry and the Electronic Visa Waiver visa routes Changes to domestic violence provisions • The case of A v the Secretary of State for the Home Department ruled that the definition of ‘settled person’ in Appendix FM should be expanded, for the purposes of domestic abuse policy, to include people with refugee status who have not yet completed the five-year period required to be granted indefinite leave to remain. The judge held that because 95% of refugees gain indefinite leave to remain following the end of the five-year period, indefinite leave to remain can be considered a legitimate expectation. The effect is that a sponsored partner should have the same expectation of settlement and therefore of protection under domestic abuse provisions. • As a result, the eligibility for indefinite leave to remain, as a victim of domestic abuse under paragraph E-DVILR.1.2 and 1.3, is being clarified to include partners of people with refugee status who have not yet been granted ILR. E-DVILR.1.2 is also being amended to include partners granted leave under paragraph 352A where their sponsor has not yet gained indefinite leave to remain. • To clarify, only one grant of leave can be made under paragraph 352A. There is therefore no reference in E-DVILR.1.2.(a) to a subsequent grant of leave being made under this section.
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11 December 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 >>> Statement of changes to the Immigration Rules: HC 1779, 11 December 2018 (11 December 2018): https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1779-11-december-2018?utm_source=fba24dd8-3e3b-4e9d-a166-02c7dee5486b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate The main changes: •Introduce a new seasonal workers scheme; and •Expand protection offered to victims of domestic abuse, to include partners of refugees who have not yet gained indefinite leave to remain, as a result of the judgment in the case of A v Secretary of State for the Home Department (2017). Changes relating to Tier 1 of the Points-Based System Tier 1 (Exceptional Talent) • The endorsement of arts applicants is being widened to include those in the field of architecture. These applicants will be assessed by the Royal Institute for British Architects operating within the endorsement remit of Arts Council England; •For consistency, the grant periods for entry clearance applications have been amended to include an addition 4-month period for each potential grant of leave. This provides applicants with extra time to meet the qualifying period for settlement and reduces the likelihood that they would have to apply for further extension applications. Currently only applicants who request 5 years’ leave qualify for the additional 4-month period; •Other changes are being made to the criteria for endorsement by each Designated Competent Body, at those bodies’ requests. These include changes to the evidential requirements for digital technology applicants who, as a result of the Tech Nation online application form, are no longer required to supply paper copies of their specified evidence to the Home Office; and amendments within Arts Council England rules to ensure consistency across its subendorsers Changes relating to Tier 2 of the Points-Based System (PBS) •A change is being made to include the Academic Technology Approval Scheme (ATAS) requirement for Tier 2 (ICT) applicants extending leave in the United Kingdom. Applicants in all PBS routes are required to obtain an ATAS certificate before studying a postgraduate qualification in certain sensitive subjects, knowledge of which could be used in programmes to develop weapons of mass destruction (WMDs) or their means of delivery. The requirement for ICT extension applications had previously been excluded in error; •Remove references to ‘Universal Jobmatch’ from the Rules covering the Resident Labour Market Test (RLMT). Universal Jobmatch (UJM) was replaced by the ‘Find A Job’ service on 14 May 2018, with UJM permanently closing on 17 June 2018; •Changes to fix incorrect cross references in paragraph 78C(g) relating to inward investment requirements, and in table 11B, relating to the RLMT for creative occupations; •Including reference to the appropriate salary to be paid to nurses or midwives who are undertaking the Observed Structured Clinical Examination (OSCE) to obtain Nursing and Midwifery Council registration. Changes relating to Tier 4 of the Points-Based System • The definitions of “degree level study", “foundation degree” and "post-graduate level study" are being updated to replace the references to the "National Qualifications Framework" with "Regulated Qualifications Framework" as the latter is now the framework used to determine levels of study in the UK. • A definition of a “higher education provider” is being added to the introduction section of the rules to reflect the changes to Tier 4 arising from the higher education reform in England, including the introduction of the Office for Students, and so that institutions in the Devolved Administration have the same ability to offer privileges to their students as institutions in England. Accordingly, references to “higher education institutions”, where appropriate, are being changed to “higher education provider”. • A definition of a “track record of compliance” is being added to the introduction section of the rules. Changes are being made to Parts 6A and 8 of the Immigration Rules, to set out when a student who is sponsored by a higher education provider with a track record of compliance will receive conditions of leave which entitle them to work, apply for further Tier 4 leave in the UK, and bring dependants. These changes will come into effect on 1 August 2019 and are being made in support of the changes to Tier 4 arising from the higher education reform in England. • A change is being made to Appendix C to make clear that Tier 4 applicants, who rely on student loans or funds from official financial sponsors, are not required to demonstrate that the funds have been held for a period of 28 consecutive days. A minor change is being made to clarify that a Tier 4 migrant must have the funds available to them on the date of application, except where the funds are being provided as a financial loan and the student separately confirms when the funds will be available to them. • In Appendix C, a change is being made to clarify that if the applicant is a Tier 4 (Child) Student the specified documents submitted with their application must confirm who is providing the maintenance funds for their use in studying and living in the UK and that the funds will remain available to them unless used to pay for course fees and living costs. • Amendments are being made to the rules in Appendix C to make them gender neutral Changes relating to Tier 5 of the Points-Based System • General quota related changes • Introduction of a 12-month cooling off period for charity and religious workers • Introduction of the new seasonal workers pilot scheme - the formal date of implementation for this pilot will be announced in due course Minor changes to the Visitor, Ancestry and the Electronic Visa Waiver visa routes Changes to domestic violence provisions • The case of A v the Secretary of State for the Home Department ruled that the definition of ‘settled person’ in Appendix FM should be expanded, for the purposes of domestic abuse policy, to include people with refugee status who have not yet completed the five-year period required to be granted indefinite leave to remain. The judge held that because 95% of refugees gain indefinite leave to remain following the end of the five-year period, indefinite leave to remain can be considered a legitimate expectation. The effect is that a sponsored partner should have the same expectation of settlement and therefore of protection under domestic abuse provisions. • As a result, the eligibility for indefinite leave to remain, as a victim of domestic abuse under paragraph E-DVILR.1.2 and 1.3, is being clarified to include partners of people with refugee status who have not yet been granted ILR. E-DVILR.1.2 is also being amended to include partners granted leave under paragraph 352A where their sponsor has not yet gained indefinite leave to remain. • To clarify, only one grant of leave can be made under paragraph 352A. There is therefore no reference in E-DVILR.1.2.(a) to a subsequent grant of leave being made under this section.
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11 December 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 UK BA online FLR(M) application form is providing wrong information It has been reported that the UK BA online application form FLR(M) only refers to the need for an A1 CEFR certificate even where a 2nd spouse extension is sought, while the minimum and the correct level for the extension is currently A2 CEFR. Whilst that is not an issue for lawyers submitting applications (who should know what is needed) it will create real issues for applicant’s given the incorrect information. You have been warned! >>> Can a visitor be granted leave to remain in the UK if the visitor’s British spouse dies in the UK ? Potentially, yes, case to case dependent, via the currently available FLR(HRO) application form.
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Приветствую. Отличные новости, поздравляю. Уточните, где и как подавали ?