British Lawyer

Анкета AN - бумажная и on-line. Все подписи? тем не менее должны быть оригинальными, т.е. ручкой. Я использую бумажную форму - удобнее, можно страницы на ходу изменить и т.п.

Приветствую, Обновляются 2 раза в год в среднем. Тем не менее, на день подачи анкета может быть более старой версии если : - подаете с правильной оплатой - подаете старую версию в течение 21 дня со дня появления новой версии Я обычно анкету не переделываю, если выполняются вышеуказанные требования

Даже если "перепутаете" - не страшно, особенно если в личном визите подаете. Сами сотрудники UK BA зачастую не обращают на это внимание. Хотя лучше все делать сразу и правильно.

04 July 2018 – Read the reviews about our assistance to immigrants and their families like yours 😊 And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> Applying for a UK spouse/fiancé/partner visa ? Make sure that you pass the correct English language test ! Apparently, there is a difference between the A1 IELTS General Training and the A1 IELTS for UKVI General Training tests, despite being on the same level, that is, the A1 CEFR. So, which is the correct test for the UK spouse/fiancé/partner visa (the so-called Appendix FM applications) ? The answer is the A1 IELTS for the UKVI General Training as it contains the UK VI reference number without which the UK VAC cannot approve the Settlement application. A number of applicants are being caught by the poorly drafted Appendix O, which only specifies the “IELTS” test, not IELTS for UKVI. >>> Half of all immigration appeal now succeed: <noindex>https://www.gov.uk/government/statistics/tr...o-december-2017</noindex> The percentage of immigration decisions being reversed by judges is at its highest on record, new statistics show. Exactly 50% of appeals to the immigration tribunal — mostly challenges to Home Office refusals to allow people to stay in the UK — now succeed. While the proportion of appeals succeeding at the First-tier Tribunal had hovered just below this mark for some time, the third quarter of 2017/18 was the first time that the rate hit 50%. The official data goes back a decade, to 2007/08. That means that a professionally prepared and assisted appeal (see www.legalcentre.org) has certain chances to succeed.

На прошлой неделе, как всегда, подача заявлений форумчан в личном визите в нашем местном UK BA Premium Service Centre. В этот раз было продление визы жены и получение ILR как мужа британки - разные клиенты. Как всегда, заявления моих клиентов рассмотрели за 2.5 часа в среднем. Ждем BRP.

Приветствую, Итак : 1. Незаконченную онлайн анкету я просто оставляю и потом через время она будет удалена автоматически. С собой на подачу приношу заполненную от руки - Да 2. Я въехала по визе жены 14 августа 2013 года, дату подачи забронировала на 7 августа 2018. Но мой BRP мне был дан до 3 декабря 2018 (почему-то оба раза дали на 33 месяца) - играет ли это какую-то роль? - Нет. "Перехлест" дат встречается часто. Вы могли бы подавать уже с 16 ИЮЛЯ 2018 года. Я понимаю может что спрашиваю то же, но что-то нервничаю совсем и хочется быть уверенной, что все правильно. Благодарю за помощь! - Рад был помочь.

02 July 2018 – Read the reviews about our assistance to immigrants and their families like yours 😊 And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> Appendix FM Spouse Visa applications – how much saving do you need for a wife and 2 children ? Quoting the current Rules: Financial requirements E-ECP.3.1. The applicant must provide specified evidence, from the sources listed in paragraph E-ECP.3.2., of- (a) a specified gross annual income of at least- (i) £18,600; (ii) an additional £3,800 for the first child; and (iii) an additional £2,400 for each additional child; alone or in combination with ( specified savings of- (i) £16,000; and (ii) additional savings of an amount equivalent to 2.5 times the amount which is the difference between the gross annual income from the sources listed in paragraph E-ECP.3.2.(a)-(d) and the total amount required under paragraph E-ECP.3.1.(a); The math works out as follows: 16000 + (2.5 x (18600 + 3800 + 2400)) = 16000 + (2.5 x 24800) = 16000 + 62000 = 78000 So the total amount of savings for the spouse and 2 children is, therefore, £78 000.

+1...... Присоединяюсь.

28 June 2018 – Read the reviews about our assistance to immigrants and their families like yours 😊 And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> Can a visa national child, who was born in the UK, lived in the UK for a period of 10 continued years and then who left the UK, be registered as a British citizen ? The answer is “Yes”. For example, Taras was born in the UK on the 1st May 1998. His parents were not British citizens and never had leave in the UK. They never left the UK until 2010, when the whole family relocated to Ukraine. Taras is now 20 years old and continues to live in Ukraine. Provided he can meet the good character requirement, Taras is entitled to make an application to register as a British citizen, as he was born there after the 1st January 1983, lived in the UK for the first 10 years of his life, and was never absent for more than 90 days in any one of those 10 years. >>> The meaning of “residence” for indefinite leave to remain applications: <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2018/1369.html</noindex> In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefinite leave to remain may be broken by too many absences from the country, irrespective of other factors such as owning property, maintaining a home, paying taxes or other private and family connections in Britain. Absences may, therefore, prevent a person from acquiring indefinite leave to remain, even when their “home”, or “residence” on a more common sense understanding of that term, may very well be in the UK.

Из недавнего. Вот как выглядят конверты из Департамента Натурализации Home Office когда присылают положительные решения с приглашегнием на церемонию по Натурализации: В данном случае это письма-приглашение на церемонию по Натурализации для одной из клиенток и ее ребенка. Я помогал этой семье с самого начала : - въезд в Велтикобританию - продление виз - получение ПМЖ - получение гражданства Заявления этих клиентов (AN и MN1) рассматривали 2 месяца.

27 June 2018 – Read the reviews about our assistance to immigrants and their families just like yours :-) And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> Can an appellant raise Human Rights grounds on appeal following an EEA application refusal ? The answer is likely to be “No” in line with the case Amirteymour v SSHD, EWCA Civ 353, unless the appellant was issued with the Section 120 Notice and/or also submitted (concurrently, paid for) the Human Rights application. In other words the Human Rights cannot be raised in the EEA Applications or Appeals (Amirteymour v SSHD, EWCA Civ 353). The reasoning is that the right of appeal (under regulation 26(1)) is specifically a right of appeal against an EEA decision. The EEA appeal should focus on EEA law.

Да, так оно и есть на самом деле.

26 June 2018 – Read the reviews about our assistance to immigrants and their families like And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> The Section 117B(6) of the Immigration Act 2014 and removal The Section 117B(6) of the Immigration Act 2014 states that : … (6)In the case of a person who is not liable to deportation, the public interest does not require the person’s removal where— (a)the person has a genuine and subsisting parental relationship with a qualifying child, and (b)it would not be reasonable to expect the child to leave the United Kingdom. This is a rather useful section when lodging a family rights based application under the Appendix FM when the application, for example, does not have a valid leave (visa) to remain in the UK. >>> Different name in your national passport ? You may not be issued a new British passport then ! The Passport Office’s normal policy is to refuse when an applicant used different names in a foreign passport. See <noindex>https://www.gov.uk/government/publications/...f-name-guidance</noindex>

Пожалуйста. Рад был помочь.

22 June 2018 – Read the reviews about our assistance to immigrants and their families like And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> How to apply for “settled status” for EU citizens On 8 December 2017 the British government reached an agreement with the EU which gives some more clarity about the legal status of EU citizens following Brexit. A draft treaty fol-lowed on 19 March, which confirms that the agreement covers EU citizens who already live in the UK or arrive here before 31 December 2020. The government’s recent statement of intent says the following: • EU citizens and their family members who, by 31 December 2020, have been continuously resident in the UK for five years will be eligible for “settled status” enabling them to stay indefinitely. • EU citizens and their family members who arrive by 31 December 2020, but will not yet have been continuously resident here for five years, will be eligible for “pre-settled status”, enabling them to stay until they have reached the five-year threshold. They can then also apply for settled status. • EU citizens and their family members with settled status or pre-settled status will have the same access as they currently do to healthcare, pensions and other benefits in the UK. • Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will still be able to join an EU citizen resident here after the end of the implementation period, where the relationship existed on 31 December 2020 and continues to exist when the person wishes to come to the UK. Future children are also protected. A vital feature of this agreement for the 3.5 million or so EU citizens living in Britain is that they are not protected by it unless they make an application for settled status to the Home Office. Contrary to many of today’s press reports, there is nothing “automatic” about it. Failing to apply will mean that they end up with no legal right to live and work in this country. The Windrush generation can testify that being undocumented (or thought to be undocumented) in “compliant environment” Britain is no fun at all. So how are we to apply for “settled status” or “pre-settled status”? The application system, branded the EU Settlement Scheme, is not yet up and running. But on 21 June 2018, the Home Office released what it calls a statement of intent with a lot more detail about it – see our post from the 21st June 2018 Now, the practical questions and answers How do I apply to get the Settled or Pre-Settled status ? Generally, online. There will be the option of a paper application form, but we don’t know who will be allowed to use it. According to the statement of intent, “consideration is… being given to the particular circumstances in which the provision of a paper application form may be appropriate”. The government will also provide an assisted digital service for those who need support to make an online application. This might take the form of a number to call for help filling in the online form, or in-person help at local libraries. Applicants will need to provide proof of identity and nationality (although the Home Office may accept alternative evidence where an applicant is unable to produce that document “due to circumstances beyond their control or to compelling practical or compassionate reasons”), and, occasionally, proof of residence (see below for more details on this). Finally, applicants will need to enrol their “facial image” (a photo of themselves). EU citizens, and non-EU citizens who previously had a Biometric Residence Card issued under the EEA Regulations, will be able to do so by uploading a passport-style photograph digitally. All other applicants will need to go to an application centre to enrol their fingerprints and have their photograph taken. At the moment, those procedures would be done at a Post Office, but the use of the word “application centre” seems to indicate it could be a different place, for example Premium Service Centres. What will I need to prove? I am an EU national EU nationals will need to prove: 1. Identity and nationality Applicants will be able to provide evidence of their identity and nationality by uploading a passport or valid national identity card digitally via a smartphone app. This will only work if the passport or card is a biometric document with a chip (indicated by a rectangular gold symbol that looks like a camera). Those who do not have a biometric document may send the documents by post instead. The identity document will be returned to the applicant “as soon as [the Home Office] can”, and presumably even before a decision has been made. 2. Your residence in the UK Those applying for settled status will need to show five years continuous residence in the UK, while those applying for pre-settled status will need to show current residence in the UK. The statement of intent confirms that continuous residence simply means having lived, or living, in the UK. EU nationals will not need to show that they have been working, studying or held Comprehensive Health Insurance (a big issue for many people refused permanent residence documents in the past). In terms of evidence, it seems that the default position will be for the Home Office to carry out automated checks of data held by Her Majesty Revenue and Customs (HMRC) and the Department for Work and Pension (DWP). Those checks will show evidence of employment and receipt of benefits. If the checks indicate that the applicant has been continuously resident in the UK for a period of five years, they will be granted settled status. Of course, not everyone will have data with HMRC or DWP (for example, those who have never worked or received benefits). In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. There is a useful draft list of documents which will count as evidence of residence at Annex A of the statement of intent. The document also confirms that this guidance will not be prescriptive or definitive. We recognise that some applicants may lack documentary evidence in their own name for various reasons, and we will work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them. I am the family member of an EU national When lawyers talk about “family members” in this context, we mean non-EU citizens whose right to be in the UK depends on their family relationship with an EU citizen. If you are French and married to an Italian, you can both apply as I’ve described above. But if you are Nigerian and married to an Italian, you can apply under the Settlement Scheme, but different rules apply. You can find a detailed list of which family members are eligible for the scheme at pages 23 to 30 of the statement of intent. Family members of EU nationals may decide to apply for their new status at the same time as their EU citizen husband or mother or whoever it might be. The statement of intent encourages this, so as to avoid submitting the same evidence twice. Family members will need to prove, through the same documents as above, the EU national’s identity and residence in the UK, although “evidence of the EU citizen having been granted status under the scheme will be sufficient evidence of the person’s identity, nationality and continuous residence”. In addition, they will need to submit evidence of: 1. Their own identity 2. Their own residence in the UK 3. Their relationship with the EU citizen What if I already have a document certifying permanent residence? Some EU citizens and their families may have what is called “permanent residence” — a technical legal term in this context — under EU law as it exists today and have a document to prove it. Those who have previously been issued a permanent residence document will be able to exchange it free of charge, “subject only to criminality and security checks” (see below). The Home Office will also need to confirm that their permanent residence status has not lapsed through absence of more than five consecutive years. It is unclear what evidence they will need to submit to prove they have not been absent, but presumably automated checks with HMRC will be carried out, and, if they fail, applicants will be invited to submit their own evidence of residence. What about criminal records? All applicants will be subject to criminality and security checks. Applicants will, in their applications, self-declare their criminal convictions (without having to submit evidence). In addition, though, the Home Office will carry out its own checks. The immigration minister told Parliament on 21 June that self-declaration is for anyone over 18 and Home Office checks for everyone over the age of ten. Legal jargon coming up: criminal conduct before the end of the Brexit transition (31 December 2020) will be assessed according to the current EU public policy tests for deportation. Conduct after that period will be considered against UK deportation thresholds. What this means in practice is that applicants with criminal convictions post-dating 31 December 2020 will be more likely to have their applications refused that those with convictions predating that time. What if I am Irish? Irish citizens will not be required to apply under the scheme (but “they may do so if they wish”). The intention is that nothing changes for them, in immigration terms, because of Brexit. Their eligible family members who are not Irish or British will be able to obtain status under the scheme, even if the Irish citizen does not do so. How much does it cost? Subject to approval by Parliament, the application will cost: • £32.50 for children under the age of 16 • £0 for o those who already have valid indefinite leave to remain (again a technical legal term), and have not been absent for two consecutive years since o those who already have a document certifying permanent residence, and have not been absent for more than five consecutive years or lost their right be-cause a deportation order was made against them o those who have been granted pre-settled status and are applying for settled status after April 2019 o children in care • £65 for all other applicants When should I apply? The system is supposed have a “phased roll-out from late 2018” and “will be open fully by 30 March 2019”. It’s not 100% clear what this means, but presumably it indicates some applicants won’t be able to apply until then. Once it goes live, every EU national and their family will need to make an application be-fore the deadline of 30 June 2021. Previously, it was thought that people who arrived during the Brexit “transition” or “implementation” period between 29 March 2019 and 31 December 2020 would need to register after three months. It now seems that only family members joining EU citizens after 31 December 2020 will need to meet a three-month deadline. EU citizens themselves will still have until 30 June 2021 to apply for status, even if arriving during the transition: 1.19. There will be plenty of time – until 30 June 2021, six months after the implementation period ends on 31 December 2020 – for all those resident here by 31 December 2020 to apply for status under the EU Settlement Scheme, and they will remain protected by the Withdrawal Agreement pending the outcome of such an application made by 30 June 2021. Close family members joining an EU citizen here after 31 December 2020 will have three months from their arrival in which to make an application for status under the scheme People who may want to apply earlier rather than later include non-EU family members of EU nationals whose current documents will expire while the settled status process is open. They may want to get a settled status document, rather than renewing their existing docu-ments, to use for things like proving to employers, landlords and banks their right to live and work in the UK. Otherwise, family members will end up getting an old-style EU residence document and then having to switch onto settled status — they might as well go straight on-to settled status once it becomes available. On the other hand, those who have not yet reached the five years but will by 30 June 2021 may want to wait until the five-year anniversary of their residence in the UK to apply. If not, they will be granted pre-settled status first, and will then need to make a second application for settled status once they have reached the five-year mark. How long until I get a decision? Back in December 2017, immigration minister Brandon Lewis said that applicants will have a decision on their application “within a couple of weeks”. Timelines are not covered in the statement of intent, but the Home Office’s target is “a few days”. Less straightforward ones might take longer, though, and the department is not guaranteeing a several-day turnaround in at periods of high demand. It intends to publish current waiting times so that people will have an idea of how long the wait will be at any given time. Successful EU nationals will be granted evidence of their status “in digital form”. No physical documents will be issued. Non-EU nationals will, in addition, be issued with Biometric Residence Documents, where they do not already hold one issued under the EEA Regulations. What if my application is refused? The first point to note is that, if an application is incomplete and a caseworker thinks that it can be easily rectified, they should contact applicants and give them a reasonable opportunity to submit supplementary evidence. That said, if the application is refused, the remedy will depend on when the application was made. Those who apply before the coming into force of the Brexit withdrawal agreement on 30 March 2019 will have a right to an administrative review. In other words, they will ask Home Office caseworkers to check the decision. Those who apply after 30 March 2019 will instead have a statutory right of appeal. That is, they will be allowed to appear in front of an independent judge who will decide whether they should have been granted status. Article 17(1)® of the draft Brexit withdrawal agreement reads: “The applicant shall have access to judicial and, where appropriate, administrative redress procedures in the host State against any decision refusing to grant the residence status. The redress procedures shall allow for an examination of the legality of the decision, as well as of the facts and circumstances on which the proposed decision is based. They shall ensure that the decision is not disproportionate. A person refused status under the scheme before 31 December 2020 may also make a further application under the scheme at any point before 30 June 2021.” A technical note of November 2017 confirms that those who have been refused will “be able to remain in the UK pending conclusion of the appeals process, unless a deportation decision is made, or the individual is in the UK in breach of a deportation or exclusion order”. That group might be removed before their appeal is heard, although they will be able to apply to return to the UK to attend their appeal hearing. I have started an application for a document certifying permanent residence. Should I still apply or should I wait for the new system to come into place? The government has repeatedly been telling EU nationals that they do not need to do any-thing at the moment. If you intend to apply for British citizenship, you might as well continue with your permanent residence application. This is because you will need to show that you acquired permanent residence one year before the date of your application for British citizenship (unless you are the spouse of a British citizen, in which case you will simply need to show that you have permanent residence). If you wait until the new system comes into place, you will need to wait 12 months after being granted settled status to apply for British citizenship, irrespective of how long you have lived in the UK. You might also want to do the permanent residence application given that, once you have the document certifying permanent residence, switching to settled status will be free and apparently very easy. You may also want to avoid the rush of three million people applying for settled status once the new system comes in. On the other hand, those who do not have a straightforward application for a document certifying permanent residence, for example because they have been students during the five-year qualifying period but did not have Comprehensive Sickness Insurance, would be well advised to wait for the new system, where they will no longer be asked to show insurance. The bottom line is, as we have been telling application for a long time, get your Permanent Residence NOW and apply to become a British citizen BEFORE Brexit. At least you will have a paper document on hand to confirm your status. We are here to help, now: <noindex>https://legalcentre.org/Initial-Consultation.html</noindex>

Да, можете подавать, не повлияет.

Отличные новости. Поздравляю. NB: Летом - дольше такие визовые завления рассматривают

Уточняю информацию. Я за поседний год подал НЕСКОЛЬКО ДЕСЯТКОВ таких заявлений. Платил по £500 за NHS. На этой неделе взял слоты для ТРЕХ форумчан. ВСЕМ заплатил по £500 за NHS. Мое мнения не достаточно ?

Лето. Многие подают. На этой неделе клиенты в разных странах получили гостевый визы. Азербайджан - 8 дней рассматривали, например. Украина - 3 недели и т.п.

Добрый день. Registration Certificate - это только для граждан EU. Имели в виду что Вы подали на продление Вашей EEA Family Permit ?

Именно так - это называется Deemed Date, т.е. по русски "засчитали задним числом". Я специально подаю больше документов, чтобы клиенты погли сразу подать на гражданство после получения Permanent Residence, т.е. чтобы не ждать лишний год.

>>> Settled status for EEA citizens – the details have been announced – READ VERY CAREFULLY ! Stop the press – the settled status will be a virtual thing – it will NOT be a document. How this will help the EEA citizens to prove their status at work, to the LandLord etc – go figure. Literary. Anyway, the details as they have been announced today by the Government. The Headline announcement: <noindex>https://www.gov.uk/government/news/home-off...for-eu-citizens</noindex> The 40 (!) pages Statement of Intent: <noindex>https://www.gov.uk/government/publications/...ement-of-intent</noindex> The 60 (!!) pages Draft Immigration Rules document: <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=41</noindex> YOU ALREADY HAVE A 100 PAGE DOCUMENT Roughly 3.5 million EU nationals will need to apply for “settled status” or “pre-settled status” by June 2021, depending on whether they have lived in the UK for five years or under five years by the time they apply. This will be a VIRTUAL (see the explanatuion below) UK immigration status confirming the right to live and work in Britain, underpinned by a draft Withdrawal Agreement between the UK and the EU. The applications under the scheme will cost £65, or half that for children under 16. There is still no specific deadline for when people can begin to apply, but it will be “fully open” by 30 March 2019 — the first full day of Brexit. The three key requirements of a successful application under the scheme would be: • Presence in the UK • EU nationality • No serious criminal record The statement of intent fleshes out the requirements and application process. It is not, however, a comprehensive guide. The phrase “further details will be provided in due course” appears multiple times and many aspects remain unsettled — such as when people will be able to apply on paper rather than online, for instance. “No physical document will be issued” as proof of status. This is potentially a problem for people having to prove their right to rent or work in the age of the “compliant environment”. Will landlords and employers be willing to check an online database or will they simply turn to a native applicant who is less bother? Interesting points include: • Confirmation “those who are continuously resident in the UK but who happen to be abroad” when the post-Brexit transition ends on 31 December 2020 will be covered by the scheme. There is also a detailed definition - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=14</noindex> - of “continuously resident”. • Confirmation that EU citizens “will not be required to show that they meet all the re-quirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance”. • Confirmation that applicants will not need to pay the Immigration Health Surcharge on top of their £65 • Those who get “pre-settled status” (for those in the UK for less than five years) will not have to pay again to get full settled status • A table (Annex A - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=36</noindex> ) of ev-idence that will be accepted by the Home Office as proof of residence • Details of the precise legal status that will be granted under UK law (indefinite or limited leave to remain) • The scheme will be open to citizens of non-EU Iceland, Liechtenstein, Norway and Switzerland “on a similar basis as for EU citizens” • The scheme will be open to Surinder Singh family members but NOT Zambrano, Chen or Ibrahim/Teixeira carers • Irish citizens, who do not need to apply for settled status, “may do so if they wish” • The scheme will be monitored by the Independent Chief Inspector for Borders and Immigration before an Independent Monitoring Authority is set up as required by the draft Withdrawal Agreement Those familiar with the notoriously complex UK Immigration Rules will be overjoyed to learn that there will be a new “Appendix EU - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=41</noindex> ” for Home Office decision-makers to follow in deciding on settled status applications. There will be a short period of consultation on the draft Rules issued today, but I am told that the aim is to have them finalised and laid before Parliament before the next recess on 24 July 2018. The bottom line is, as we have been telling application for a long time, get your Permanent Residence NOW and apply to become a British citizen BEFORE Brexit. At least you will have a paper document on hand to confirm your status. We are here to help, now: <noindex>https://legalcentre.org/Initial-Consultation.html</noindex>

21 June 2018 – Read the reviews about our assistance to immigrants and their families like And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923 >>> Settled status for EEA citizens – the details have been announced – READ VERY CAREFULLY ! Stop the press – the settled status will be a virtual thing – it will NOT be a document. How this will help the EEA citizens to prove their status at work, to the LandLord etc – go figure. Literary. Anyway, the details as they have been announced today by the Government. The Headline announcement: <noindex>https://www.gov.uk/government/news/home-off...for-eu-citizens</noindex> The 40 (!) pages Statement of Intent: <noindex>https://www.gov.uk/government/publications/...ement-of-intent</noindex> The 60 (!!) pages Draft Immigration Rules document: <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=41</noindex> YOU ALREADY HAVE A 100 PAGE DOCUMENT Roughly 3.5 million EU nationals will need to apply for “settled status” or “pre-settled status” by June 2021, depending on whether they have lived in the UK for five years or under five years by the time they apply. This will be a VIRTUAL (see the explanatuion below) UK immigration status confirming the right to live and work in Britain, underpinned by a draft Withdrawal Agreement between the UK and the EU. The applications under the scheme will cost £65, or half that for children under 16. There is still no specific deadline for when people can begin to apply, but it will be “fully open” by 30 March 2019 — the first full day of Brexit. The three key requirements of a successful application under the scheme would be: • Presence in the UK • EU nationality • No serious criminal record The statement of intent fleshes out the requirements and application process. It is not, however, a comprehensive guide. The phrase “further details will be provided in due course” appears multiple times and many aspects remain unsettled — such as when people will be able to apply on paper rather than online, for instance. “No physical document will be issued” as proof of status. This is potentially a problem for people having to prove their right to rent or work in the age of the “compliant environment”. Will landlords and employers be willing to check an online database or will they simply turn to a native applicant who is less bother? Interesting points include: • Confirmation “those who are continuously resident in the UK but who happen to be abroad” when the post-Brexit transition ends on 31 December 2020 will be covered by the scheme. There is also a detailed definition - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=14</noindex> - of “continuously resident”. • Confirmation that EU citizens “will not be required to show that they meet all the re-quirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance”. • Confirmation that applicants will not need to pay the Immigration Health Surcharge on top of their £65 • Those who get “pre-settled status” (for those in the UK for less than five years) will not have to pay again to get full settled status • A table (Annex A - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=36</noindex> ) of ev-idence that will be accepted by the Home Office as proof of residence • Details of the precise legal status that will be granted under UK law (indefinite or limited leave to remain) • The scheme will be open to citizens of non-EU Iceland, Liechtenstein, Norway and Switzerland “on a similar basis as for EU citizens” • The scheme will be open to Surinder Singh family members but NOT Zambrano, Chen or Ibrahim/Teixeira carers • Irish citizens, who do not need to apply for settled status, “may do so if they wish” • The scheme will be monitored by the Independent Chief Inspector for Borders and Immigration before an Independent Monitoring Authority is set up as required by the draft Withdrawal Agreement Those familiar with the notoriously complex UK Immigration Rules will be overjoyed to learn that there will be a new “Appendix EU - <noindex>https://assets.publishing.service.gov.uk/go...018.pdf#page=41</noindex> ” for Home Office decision-makers to follow in deciding on settled status applications. There will be a short period of consultation on the draft Rules issued today, but I am told that the aim is to have them finalised and laid before Parliament before the next recess on 24 July 2018. The bottom line is, as we have been telling application for a long time, get your Permanent Residence NOW and apply to become a British citizen BEFORE Brexit. At least you will have a paper document on hand to confirm your status. We are here to help, now: <noindex>https://legalcentre.org/Initial-Consultation.html</noindex>

>>> New statement of changes to the Immigration Rules: HC1154: <noindex>https://assets.publishing.service.gov.uk/go..._Accessible.pdf</noindex> All changes will come into force on 6 July 2018, although some only apply to applications made after that date. Returning residents Iindefinite leave to remain automatically lapses after two years’ absence from the UK. It is possible to have indefinite leave restored if you can show strong ties to the UK. The new Rules make clearer the distinction between people who have been absent for under two years, and those who have been absent for longer than two years. The former are no longer called “returning residents” and can return without a visa. The latter must apply for leave to enter and must show that they have strong ties to the UK and intend to make the UK their permanent home. Previously, the Rules simply said that returning residents had to show, “for example, that they had lived here most of their life”. This seems to be a relaxation of the position, which may be in order to cater for people returning under the Windrush scheme — the explanatory memorandum makes that link, at any rate. Exceptions for overstayers As it is currently drafted, paragraph 39E of the Immigration Rules allows overstayers to benefit from the exceptions for overstayers in two consecutive applications. Applicants applying after 6 July will only be able to rely on the exceptions once. For example: Sergei’s leave was expiring on 15 June 2017. He submitted an application for further leave to remain as a spouse on 20 June 2017. This application was out of time but within 14 days of his leave expiring. Sergei explained that he had been urgently hospitalised and could not have applied before. The Secretary of State accepts this as a good reason beyond Sergei’s control, such that his application can be considered under the rules, disregarding the overstay. However, Sergei’s application is refused because he did not meet the financial requirement. The refusal is dated 7 July. Previously, relying on paragraph 39E, Sergei would have had an opportunity to make another application by 19 July, and again disregarding the overstay. From 6 July, this will no longer be possible for Sergei. It is now only possible for an applicant to apply for further leave within 14 days of the expiry of the previous leave disregarding the overstay once. Another change to rules for overstayers, this time positive, is at paragraph 320(7BB) of the Rules, relating to general grounds for refusal. Paragraph 320(7B) means that an applicant who previously overstayed for 90 days or more before 6 April 2017, or for 30 days or more after 6 April 2017, might have an application for entry clearance refused for up to ten years. Paragraph 320(7BB) sets out the periods of overstay which are disregarded. From 6 July 2018, a period of overstay pending the determination of an out-of-time application where paragraph 39E applied will be disregarded when calculating the period of overstaying in paragraph 320(7B). Tier 1 (General) The rules relating to indefinite leave to remain for Tier 1 (General) Migrants will be deleted as the route closed on 6 April 2018. Tier 1 (Exceptional Talent) For applications submitted after 6 July 2018, the endorsement of arts applicants is being widened to include those in the fashion industry who are operating leading designer fashion businesses. Other changes are being made to the criteria for endorsement by each Designated Competent Body, including to evidential requirements and eligible awards for applicants in film and television. Tier 1 (Investor) Changes are made so that: • Applicants cannot withdraw interest and dividend payments generated before they purchased their investment portfolio • There is a further obligation on financial firms to scrutinise the suitability of applicants’ investment by having to confirm that the funds have only been invested in qualifying investments, and no loan has been secured against those funds. Tier 1 (Entrepreneur) There are minor amendments on when letters from legal representatives confirming signatures are required, and provision for accountants to confirm the investment has been made on the applicant’s behalf. Tier 2 In summary doctors and nurses are now exempt from the limit on visas for skilled non-EU workers. Other, smaller, changes to the Tier 2 (General) route include: • Deletion of references to jobs sponsored at level 4 of the Regulated Qualifications Framework, as, since June 2012, this was increased to RQF level 6. • Clarification that an applicant cannot own more than 10% of shares, even if indirectly (for example via another corporate entity), in a limited company sponsoring them, save for certain exceptions. The old Rules did not specify that an application could not own the shares indirectly. • Applicants applying after 6 July 2018 who have been absent on maternity, paternity, shared parental or adoption leave will now need to submit evidence of the adoption or birth. • Finally, a migrant who has been absent for work without pay for four weeks or more will no longer have their Tier 2 leave curtailed when the absence was for assisting with a national or international humanitarian or environmental crisis overseas, providing their sponsor agreed to the absence(s) for that purpose. Absences for indefinite leave to remain applications Certain visa categories, including a number of the work-based categories, require an applicant to show they have been “continually resident” in the UK over a five-year period before they can apply for indefinite leave to remain. Continuous residence can be broken by absences for a period of 180 days or more in 12 months. Prior to 11 January 2018, the 180-day limit could not be exceeded in any of the five 12-month periods preceding the date of the application. A recent statement of changes, of 7 December 2017, meant that from 11 January 2018, an application could be refused if at any point over the five qualifying years, the 180-day limit is exceeded in any 12-month period. The change was so significant that a number of immigration practitioners lobbied for the change to only apply to those who were granted leave after 11 January 2018. The request has been accepted by the Secretary of State, who has introduced a transitional arrangement to ensure that the new absences calculation rule does not adversely affect applicants whose absences occurred during leave granted under Rules in place prior to 11 January. A second change to the Rules relating to when continuous residence is broken brings the entry clearance provisions in line with the more generous in-country provisions. Continuous residence will usually not be considered to be broken when the applicant left and returned provided they had leave, and there are some exceptions. Two new exceptions have been added: • where the applicant makes an application for entry clearance within 14 days of the leave expiring and the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative why the application could not be made during the currency of continuing limited leave; or • where a successful application for entry clearance is made following the refusal of a previous application to which an exception applied, and the application was made within 14 days of that refusal (or the expiry of the time limit for making an in-time application for administrative review, or any administrative review or appeal being concluded, withdrawn or abandoned or lapsing). Students Students who study certain subjects and learn “knowledge and skills that could be used in the proliferation of weapons of mass destruction” are subject to the Academic Technology Approval Scheme (ATAS). They must obtain a certificate before they can start studying those subjects. The Rules will be changed such that this requirement will be applied to all students regardless of the length of their studies (it previously only applied to those courses in excess of six months). Other changes include: • students are allowed to study on a study abroad programme, regardless of when the programme is added to their course • The minimum length that a postgraduate course needs to be in order for a Tier 4 migrant to be eligible to bring dependants with them to the UK is being reduced from 12 months to 6 months • Evidence of previous qualifications now include print-outs from awarding bodies’ online checking services, although the Home Office may still ask to see the original certificates of qualification or transcript of results • Students from certain countries are subject to different documentary requirements under Tier 4 of the Points Based System. The list of eligible countries is expanded and students may benefit from those different requirements even if they apply from their country of residence, and that is different from their country of nationality. Other changes Other changes include: • Removal of Croatians from the limit of allocated endorsements for Tier 1 (Exceptional) Talents and Tier 2 Certificates of Sponsorships. This is because, from 1 July 2018, the fifth-year anniversary of Croatia’s entry in the EU, Croatian nationals will no longer need authorisation to work in the UK and will benefit fully from EU movement rules. • Changes to list of approved government authorised exchange schemes for Tier 5 migrants • Confirmation that an adopted child with limited leave under the family Immigration Rules, who is aged 18 years or above by the time of their application for indefinite leave to remain, will need to meet the Knowledge of Language and Life requirement

Как всегда по вторникам и червергам я подаю заявления форумчан и не только<noindex> в личином визите</noindex> в нашем местном отелении UK Border Agency. Еще 2 форумчанинами с ILR (Settlement) на днях в Великобритании стало больше. Клиенты как всегда оставили отзыв на нашем сайте: <noindex>https://legalcentre.org/reviews.php</noindex> Так же еще одна жена британца и мама британских детей остается в Великобритании на срок 2.5 года - помогал форумчанке продлить ее визу FLR(FP). Делать селфи уже времени на фоне PEO уже не было. Тем более они все однотипные получаются (я в костюме). FLR(FP) рассмотрели за 2 часа, SETO - возникла техническая проблема, и я помог сотрудникам PEO ее решить. В итогде SETO рассмотрели за 5 часов. По приезду в офис меня ждали 2 x Permanent Residence BRP клиентов. Оба этих клиента прошли первоначальную успешную легализацию со мной и получили в свое время визы на 5 лет как члены семьи граждан EU. Сейчас эти клиенты получили ПМЖ.