British Lawyer

13 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> Court of Appeal: raising an entirely new issue in a determination for the first time is unfair: https://www.bailii.org/ew/cases/EWCA/Civ/2023/1455.html It is well established that the requirements of procedural fairness will very often require that a person who may be adversely affected by a decision is given an opportunity to make representations before the decision is taken with a view to producing a favourable result. There is a duty to give fair notice of the concerns which a decision maker has and to give a fair opportunity to respond to those concerns. In Abdi & Ors v Entry Clearance Officer [2023] EWCA Civ 1455 the Court of Appeal considers these principles in the context of a First-tier Tribunal appeal from the dependent family members of an EEA national.

Еще одна клиентка получила ПМЖ в Великобритании как жена британского гражданина. Заявление SET(M) рассмотрели и одобрили за 1 день. Делюсь статистикой ежедневных одобрений заявлений клиентов.

12 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> The UK E-visas will be rolled from around April 2024, beginning with the Skilled Worker route The BRPs will be replaced by the E-visas in 2024. The Home Office is also preparing the video on how to access the E-visa portal etc. Applicants MUST link their passport to their E-visa though the Home Office E-visa portal as otherwise they WILL NOT BE ABLE TO RETURN TO THE UK, PROVE EMPLOYMENT RIGHTS ETC.

12 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> Yet again the immigration exception to data protection found unlawful: https://www.bailii.org/ew/cases/EWCA/Civ/2023/1474.html The Court of Appeal has declared the government’s second attempt at an immigration exception for normal data protection law to be unlawful. The judgment in R (On the Application Of The 3Million) v Secretary of State for the Home Department [2023] EWCA Civ 1474 upholds that of the High Court below, which we covered previously here: Amended data protection exemption for migrants declared unlawful. The case was brought by the 3million group.

Еще 2 клиента - мама с ребенком - стали британскими гражданами. Home Office попробовал запросить дополнительные и ненужные документы. Пришлось подготовить детальный ответ по необоснованности требований Home Office. Заявления были одобрены за 5 месяцев. Делюсь статистикой ежедневных одобренных заявлений клиентов.

Вот так выглядят Email из Home Office, сообщающие об одобрениях заявлений клиентов. Сегодня клиенты получили одобрения по категориям Graduate Route Visa и Global Talent visa. Заявления рассмотрели и одобрили за 3 недели. Делюсь статистикой ежедневных одобрений заявлений клиентов.

08 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> Using the ‘UK Immigration: ID Check’ app for Ukraine nationals is no longer permitted: https://www.gov.uk/guidance/using-the-uk-immigration-id-check-app-for-ukraine-nationals?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=2cffe370-9c98-4b14-a3df-7d6168f4b09e&utm_content=daily You can no longer use the ‘UK Immigration: ID Check’ app to complete the identity verification stage of your Ukraine scheme visa application. Prove your identity and providing your documents You’ll need to book an appointment to have your photograph and fingerprints taken at a visa application centre (VAC) as part of your application. Children under the age of 5 will not have their fingerprints taken but will still need to book and attend a VAC appointment and have a digital photograph taken. At your appointment, you’ll need to prove your identity with any identity documents you may have such as: • a valid passport • a Ukrainian national identity card • a combination of official documents – for example, a photo driving licence and birth certificate -* an emergency certificate issued by a Ukrainian authority since March 2022 After you’ve applied You will need to wait for a decision from UK Visas and Immigration on your application before travelling to the UK. If your application is approved, you’ll need to return to collect your visa before you travel to the UK. This visa will allow you to board a plane or other form of transport to the UK. If you attended your biometrics appointment in Kyiv and your visa application is successful, you’ll need to travel to the VAC in Warsaw with a valid international passport to collect your visa vignette. If you had an appointment in another country, you’ll need to collect your visa vignette at the same VAC you submitted your biometrics. Do not go to the visa application centre to collect your visa until you have been contacted. You’ll be able to pick up your biometric residence permit once you’re in the UK. Your biometric residence permit can be used to confirm your status and rights in the UK. >>> Changes to the UK Immigration Rules: (most interesting points) Changes to the EU Settlement Scheme (EUSS) - To prevent a valid application to the EUSS as a joining family member being made by an irregular arrival to the UK (which will include small boat arrivals) as well as by an illegal entrant to the UK, thereby reinforcing the Government’s approach to tackling illegal migration - To require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying). This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK. - To require a person in the UK as a visitor to make any application to the EUSS as a joining family member within three months of their arrival (subject to reasonable grounds for any delay in applying). This is consistent with the temporary protection of rights conferred on them by the Citizens’ Rights Agreements for three months from their arrival in the UK Changes to the Visitor Rule - To amend the permitted intra-corporate activities to remove the prohibition on working directly with clients and are introducing a requirement that client facing activity is incidental to the visitor’s employment abroad and does not amount to the offshoring of a project or service to their overseas employer - To make clear that visitors are permitted to work remotely whilst they are in the UK but that remote working must not be the primary purpose of their visit - To allow scientists, researchers and academics to conduct research in the UK as part of their visit. Currently scientists and researchers can only conduct independent research, and academics can only conduct research for their own purposes if they are on sabbatical leave from their home institution. These changes will not apply to academics applying for a 12 month visit visa, or if they are applying to extend their permission from within the UK - To expand the permitted activities for legal professionals - To allow speakers at conferences to be paid for this activity, by including this in the list of Permitted Paid Engagements (PPE) - To move the provisions of the Permitted Paid Engagement Visitor route into the Standard Visitor route. This means all visitors will be able to undertake PPE without the need for a special visa. However, visitors intending to undertake PPE must still have arranged their PPE activity prior to travel to the UK, and this must be undertaken within 30 days of arrival in the UK as a Visitor Introduction of new Appendix Bereaved Partner Appendix Bereaved Partner replaces existing provisions for Bereaved Partners and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules. Introduction of new Appendix Victim of Domestic Abuse - Appendix Victim of Domestic Abuse replaces existing provisions for Victims of Domestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules. This will provide a single set of Victim of Domestic Abuse rules for those applying for settlement - Appendix Victim of Domestic Abuse replaces existing provisions for Victims of Domestic Abuse and their dependent children in Part 8, Appendix FM and Appendix Armed Forces of the Immigration Rules. This will provide a single set of Victim of Domestic Abuse rules for those applying for settlement. Introduction of new Appendix Statelessness - A partner or child will not be able to apply for entry clearance, permission to stay or settlement under Appendix Stateless from the 16 January 2024 - Where a partner or child of a Stateless Person are not themselves stateless or are overseas, they may apply to come to or stay in the UK under the family provisions in Appendix FM. The existing provision in Appendix FM have been amended to allow a Stateless person to sponsor a partner and dependent child - Other changes allow Stateless applicants to combine time on other routes that allow an applicant to qualify for settlement after a 5 year qualifying period. To combine time on other routes the applicant must not have entered the UK illegally and must have had permission on the stateless route for at least 1 year at the date of application for settlement Changes to Appendix Innovator Founder A change is being made to correct a drafting error in the 17 July 2023 Rules changes (HC 1496) relating to switching conditions from the Student route to the Innovator Founder route. PhD students can apply to switch having completed 24 months of study (not 12). Changes to Part 5 To delete from Part 5 the indefinite leave to remain provisions from the following: Private Servant in a diplomatic household, Overseas government employees, and airport based operational ground staff of overseas-owned airlines. These routes had been closed for some time (although some have successor routes). Those on these routes can count that time towards settlement under Long Residence or Private Life routes.

Еще одна клиентка получила ПМЖ (ILR) в Великобритании как жена британца. Заявление SET(M) рассмотрели и одобрили за 1 день. Делюсь статистикой ежедневных одобрений заявлений клиентов.

05 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> Supreme Court dismisses appeals in validity and continuous residence case See R (Afzal) v Secretary of State for the Home Department [2023] UKSC 46 >>> Minor immigration tribunal procedure rule changes announced Two minor but welcome changes to the immigration tribunal procedure rules. Firstly, the Upper Tribunal: Rule 3 amends the Tribunal Procedure (Upper Tribunal) Rules 2008 (S.I. 2008/2698) (“Upper Tribunal Rules”) to omit rule 22A (special procedure for providing notice of a refusal of permission to appeal in an asylum case) to restore the requirement under rule 22 of those rules for the Upper Tribunal to serve a copy of its decision to refuse permission to appeal in an asylum case on the appellant. Rule 3 also makes consequential amendments to rules 22(1) (decision in relation to permission to appeal) and rule 40(2) (decisions) of the Upper Tribunal Rules to omit references to rule 22A in those rules. Secondly, the First-tier Tribunal: Rule 5 amends the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 (S.I. 2014/2604) to clarify the time limits that apply to an appeal against a decision of the Home Office in relation to the EU Settlement Scheme that is also subject to an administrative review, where a decision on administrative review has been made, or the application for an administrative review has been withdrawn prior to a decision on administrative review having been determined.

05 December 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) 5 пунктов по сокращению британской иммиграции >>> UK Immigration Reduction Plan: https://www.thesun.co.uk/news/24946723/rishi-sunak-five-step-plan-migration/?fbclid=IwAR12nBjAyNu0hsUrlwVz4q095Uoyz45vjbqWUTEIzHTKguMsfJ0p2wWGdJ0 - Care Crackdown: Ban foreign workers in homes from bringing in their family members. - Salary Hike: Skilled workers to earn at least £38,700, up from £26,200. - No Cheap Labour: Rules letting bosses hire for 20% less than going rate to be axed. - Family Values: People on a family visa must have a sponsor earning £38,700. - Graduate Route Review: A review of the graduate route for immigrants will be launched.

Абсолютный рекорд на сегодняшний день: заявление по категории Ukrainian Extension Scheme (UES) было рассмотрено и одобрено за 1 день. Интересно то, что у этого клиента 2 гражданства. В Великобритании он находился по визе, оформленной не в украинском паспорте. Делюсь статистикой ежедневных одобрений заявлений клиентов.

Сегодня. Еще один клиент стал британским гражданином. Заявление (AN - Naturalization) одобрили за 6 месяцев. Делюсь статистикой ежедневных одобрений заявлений клиентов.

30th November 2023 Important UK Immigration News and Updates from the Legal Centre www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype) >>> From March 2024 the Home Office intends to start issuing the Digital Visas only as well as offer the applicants in the UK >>> From summer 2024 the Home Office will be writing to the applicants to register for the UK VI online accounts. Note that the digital visas will be “connected” to the passports. That means, that if you change your passport, you will need to update your UK VI online account.

23 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> ILPA AGM on 22 November 2023: Home Office is going mad ILPA has informed that the Home Office considers reducing the the net migration by: - Min salary may be rased to £40 000 for Skilled Workers - Only 1 dependent may be allowed to enter the UK with the main applicant

22 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> Court of Appeal says deportation of mother of British child not “unduly harsh” The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a citizen of Burundi who arrived in the UK on 10 September 2003. In December 2007 she gave birth to a daughter, J, who is a British citizen. In 2009 the appellant was sentenced to 15 months’ imprisonment for offences including fraudulently claiming benefits. During the 7.5 months she was in prison, J’s father took care of her. In January 2020 the appellant and J’s father separated and following that J lived with the appellant. The relationship between the appellant and J’s father broke down further following “a domestic incident” in June 2021. Deportation order and appeal A deportation order was made in April 2010 and the appeal against that decision was dismissed in September 2010. Representations were then made on human rights and protection grounds. Further representations made in September 2017 were rejected in November 2017 but with a right of appeal as it was accepted that they amounted to a fresh claim. After unnamed “procedural complications” the appeal came before the Upper Tribunal in January 2022 and was dismissed. It was not in dispute at the Upper Tribunal that the best interests of J would be served by both of her parents remaining in the UK. The tribunal accepted that deportation of the appellant from the UK would be “harsh”, however did not accept that it would be “unduly harsh”. The tribunal’s findings included that J would not suffer physical harm and it was not accepted that J’s father would prevent her from having contact with the appellant. Permission to appeal was granted on the ground of whether the Upper Tribunal erred in concluding that it would not be “unduly harsh” to deport the appellant. The issues raised were a failure to take account of social services’ concerns, the police involvement, emotional harm and the child’s own views. The Court of Appeal found that the Upper Tribunal had not erred in concluding that there was no ongoing police involvement, that social services had said they were unable to draw any conclusions as to whether there had been domestic violence. The Court also said that the Upper Tribunal was “not obliged to make a finding as to a “specific level of emotional harm”” and that the child’s own views had been taken into account. The appeal was dismissed, with the court concluding that “The UT was justified in concluding that the effect of the appellant’s deportation on J would not be “unduly harsh” within the meaning of section 117C(5) of the 2002 Act. That assessment was neither unreasonable nor vitiated by any “identifiable flaw””. Conclusion The court reminded itself, with reference to several authorities, that the Upper Tribunal is expert in its jurisdiction and the court should exercise caution when interfering with those decisions. From the details provided in the Court of Appeal’s decision, this seems to have been quite a balanced case and the appellant was arguably unlucky here. It is easy to envisage a different outcome with a different judge at an earlier stage. This is a reminder of how tough these deportation cases can be.

Сегодня. Еще один клиент с Украины стал британским гражданином. Человек прожил в Великобритании около 20 лет перед тем, как он смог стать британским гражданином. Заявление одобрили за 7 месяцев. Делюсь статистикой ежедневных одобрений заявлений клиентов.

Сегодня. Еще один ребенок из семьи нелегалов стал британским гражданином. Заявление по категории FORM T одобрили за 4 месяца. Делюсь статистикой ежедневных одобрений визовых заявлений клиентов.

Еще одна клиента из Сербии стала британской гражданкой. Я помогал этой клиентке с ее заявлениями на ПМЖ (ILR) и на получение гражданства. Заявление по натурализации было одобрено за 4 месяца. Делюсь статистикой ежедневных одобрений заявлений клиентов.

15 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> UK Supreme Court finds Rwanda is not a safe country to which refugees can be removed: https://caselaw.nationalarchives.gov.uk/uksc/2023/42 The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed.

Сегодня. Просто приятно. Еще один клиент получил EU Pre-Settled Status. Заявление одобрили за 3 месяца. Делюсь статистикой.

Еще один клиент получил разрешение на проживание в Великобритании (заявление подавалась без выезда после отказа) на основании т.н. EU Pre-Settled Status (Limited Leave to Remain). Заявление одобрили за 4 месяца. Делюсь статистикой ежедневных одобрений заявлений клиентов.

13 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> Illegal Migration Act 2023: India and Georgia to be added to the List of 'Safe Countries' Draft legislation (The Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024) was laid before Parliament yesterday (8 November 2023) that would add India and Georgia to the list of "Safe States" under Section 80AA of the Nationality, Immigration and Asylum Act 2002 (as amended by section 59 of the Illegal Migration Act 2023). The Regulations must be approved by both Houses of Parliament. If section 2 of the Illegal Migration Act 2023 is commenced, it would mean that Georgian nationals could be returned to Georgia, and Indian nationals to India, with any human rights claim and asylum claim regarding return to those countries declared inadmissible, without the ability to make any serious harm suspensive claim. If the remainder of section 59 of the Illegal Migration Act 2023 is commenced, any human rights claim (that to remove the person from or require them to leave the United Kingdom or to refuse entry into the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998) made by any Georgian or Indian national, even those with lawful status, even those who have never met the conditions in section 2 of the Act, would be inadmissible.

How does my working day look like as the senior practising immigration lawyer and advocate?  09.00-09.45 The day starts with the catching up with the UK Home Office, Courts and Tribunals and General Immigration Updates through the 3 dedicated, public and private sources  09.45-10.00 Social media updates  10.00-14.00 Clients consultations and/or casework or Home Office / Courts and Tribunals attendance with clients  14.00-15.00 The lunch break  15.00-17.00 Clients’ consultations and/or casework  Wednesdays and Thursday: 17.00-18.30. ILPA/Home Office/Courts and Tribunals Working Group participation  18.30-19.00: Next day consultations preparation  19.00-19.45: Urgent client consultation slot One can add a Continued Professional Development / Training, some 40-60 hours per year, on average.

Делюсь интересными ситуациями в работе нашего Legal Centre - Private UK & EEA Immigration Lawyers and Advocates. Клиент заказал онлайн-консультацию по т.н. "второму мнению" (https://legalcentre.org/Konsultacija-s-Advokatom.html). Родственник клиента попросил убежища находясь на гостевой визе Великобритании. Действующие адвокаты заверили клиента, что шансы отличные, что выполнятся все правила по получению убежища и что все будет хорошо. В худшем случае клиент получит статус гуманитарной защиты. При этом те юристы почему-то забыли письменно подтвердить «обещание» успеха, а также не упомянули о том, что существует бесплатная помощь, называющаяся "Legal Aid". К сожалению, такие ситуации случается все чаще и чаще.

07 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) 07 November 2023 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> Prove your English language abilities with a secure English language test (SELT) - Updated list See https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=5a86a411-31c6-4245-af2c-4f689f677953&utm_content=daily >>> Permission to work for asylum seekers: Permission to work: caseworker guidance https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=8532c565-6257-4e39-b9a8-ba9c49064fe4&utm_content=daily Updated casework Guidance