British Lawyer

Отлично. Рад был помочь.

Приветствую, 1) 50 на 50, могут дать, а могут просто "обрезать" визу до конца действия паспорта, хотя возьмут полную стоимость 2) Я не рекомендую, хотя может пройти

01 July 2017 - Useful Immigration News from the Immigration Lawyers who can hep - www.legalcentre.org - Ph: 0330 001 0342 ⦁ Visitor visa may be included in the total time to qualify for Settlement under the 10 year Long Residence Rule ⦁ How does the UK immigration law defines "the date of the application" ? The answer is in the Paragraph 34G of the Rules which states: Date an application (or variation of an application) for leave to remain is made 34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is: (i) where the application form is sent by post by Royal Mail, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or (ii) where the application is made on a paper application form and is submitted in person, the date on which it is received at a Home Office premium service centre; or (iii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or (iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre.

Приветствую, Если сдали биометрику - не замарачивайтесь. Церемонию Вы назначаете, а дае если и придет сразу приглашение на церемонию - ее всегда можно перенести. Дополнительные документы из моей практики только 1-2 раза UK BA запрашивал когда печально известный NCS плохо сдел копии паспортов клтиента, кто сначала подавала сама (потом я помог). А так больше ничего обычно дополнительно не спрашивают. Все будет хорошо.

Приветствую, Вы приехали до Brexita 2016 года. Соответственно, Вы подаете в 2018 году, Ваше жена - в 2019. Каждый из вас должен прожить в UK 5 лет до ПМЖ.

Зависит от контекста. Если гости будут жить у пришлашающей стороны - да, желательно показывать, несмотря на зажиточность приезжающих гостей.

Приветствую, Такие граждане EU попадают в т.н. переходный период, т.е. им будет дано право остаться (возможно, будет нужно регестрироваться) в UK чтобы суммарно через 5 лет получить ПМЖ. [quot2e name=valerav' date='27.6.2017, 11:56' post='1158997] Спасибо за информацию! А Как быть тем гражданам ЕС и членам их семьи (не гражданам ЕС), которые приехали до референдума но в 2019 году еще не проживут в ЮК необходимые для ПМЖ 5 лет? С ними, насколько я понял, полной определенности пока нет? Спасибо.

Првиветствую, Средний срок рассмотрения дел моих клиентов (пару десятков заявлений, включаю форумчан на этом форуме) составил 1.5 месяца. NCS - перевалочный пункт, я об этом не раз говорил. Ничего не проверяют (т.к. по закону могут только проверит все ли строчки заполнены), так как это делаю я. Ускорить теперь вряд ли можно. Остается только ждать. P.S. Вы сопроводительное письмо прикладывали ? Просили ускорить рассмотрение ? Копии билетов прикдадывали ? P.P.S. У Вас должны были остаться на руках оригиналы документов, т.к. Вы же можете ездить за рубеж. Что я имею в виду - я заверяю копии пасопртов и т.п. своих клиентов, возвразщаю оригиналы паспортов клентеам и клиенты уезжают в командировки, отпуск и т.п. чуть ли не на следующий день, если нужно.

Итак, анализ сложившейся ситуации. В общем, кто не успел - тот опоздал. До марта 2019 года граждане EU остаются гражданами EU, и кто приехал до Brexit референдума, смогут скорее всего получить ПМЖ и гражданство по прошествию 5 лет. Те граждане EU, кто приехал ПОСЛЕ Brexit референдума, смогут получить временный статус после марта 2019 года (выход UK из EU), и потом в конце-концов во время т.н. переходного периода получить ПМЖ и гражданство. Те граждане EU, кто хочет приехать в UK после марта 2019 года, будут идти по новым правилам (т.е. по правилам, которые сейчас не для граждан EU - простым языком - сложнее и дороже). Вывод (если гражданин EU хочет остаться в UK и/или привезти супруга, родителей и т.п. в UK): - граждане EU кто уже здесь так или иначе, должны как можно быстрее получить ПМЖ и (теперь возможно в большинстве случаев, т.к. дата получения ПМЖ засчитывается задним числом) сразу подать на гражданство. Выгода очевидна - Граждане EU кто уже здесь так или иначе, должны как можно быстрее привезти супругов, детей, родителей и т.п. и потом подать на ПМЖ и получить гражданство UK - Граждане UK, кто хочет привезти родителей на основании EU law (т.е. Surinder Singh) - должны сделать этот как можно быстрее и, по-видимому, до марта 2019 года Если есть вопросы, я на связи.

Собственно говоря, объявлено сегодня уже точно, что будет с гражданами EU сейчас, сразу после Brexit и в т.н. переходный период после Brexit. HM Government, The United Kingdom's exit from the European Union: safeguarding the position of EU citizens living in the UK and UK nationals living in the EU, 26 June 2017 : <noindex>https://www.gov.uk/government/publications/...onals-in-the-eu</noindex> The Government has published its offer for EU citizens in the UK and UK nationals in the EU on their rights and status after the UK leaves the EU. Its summary proposals are below and the full policy paper is attached at the above link. Summary proposals 1) In the Article 50 negotiations for the United Kingdom (UK) leaving the European Union (EU), our first priority is to reach agreement on the post-exit position of EU citizens1 now living in the UK and of UK nationals 2 living in other EU countries. We will put those citizens first, and do all we can to provide reassurance to the EU citizens who have made the UK their home, and likewise for UK nationals who have done the same in countries across the EU. 2) EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries. 3) The UK is one of the most tolerant and welcoming places in the world and will remain that way. EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation. The choice made in the Referendum was about our arrangements going forward, not about unravelling previous commitments. 4) Over one million UK nationals have moved to other countries in the EU, and many have built their lives there. Their ability to stay, and for life to continue much as it does now, depends on the agreement that is reached between the UK and the EU. 5) Our proposals as set out below are without prejudice to Common Travel Area arrangements between the UK and Ireland (and the Crown Dependencies), and the rights of British and Irish citizens in each others’ countries rooted in the Ireland Act 1949. These arrangements reflect the long-standing social and economic ties between the UK and Ireland and pre-date both countries’ membership of the EU. As such, we want to protect the Common Travel Area arrangements, and Irish citizens residing in the UK will not need to apply for settled status to protect their entitlements. We have also been clear that our exit will in no way impact on the terms of the Belfast Agreement. We will continue to uphold in that context the rights of the people of Northern Ireland to be able to identify as British or Irish, or both, and to hold citizenship accordingly. 6) The Government undertakes to treat EU citizens in the UK according to the principles below, in the expectation that the EU will offer reciprocal treatment for UK nationals resident in its member states: ⦁ until the UK’s exit, while the UK remains a member of the EU, EU citizens resident here will continue to enjoy the rights they have under EU Treaties. We will comply in full with our legal obligations, including in respect of administrative procedures for providing documentation for those exercising Treaty rights; ⦁ after we leave the EU, we will create new rights in UK law for qualifying EU citizens resident here before our exit. Those rights will be enforceable in the UK legal system and will provide legal guarantees for these EU citizens. Furthermore, we are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. The Court of Justice of the European Union (CJEU) will not have jurisdiction in the UK; ⦁ these rights will apply to all EU citizens equally and we will not treat citizens of one member state differently to those of another; ⦁ qualifying EU citizens will have to apply for their residence status. The administrative procedures which they will need to comply with in order to obtain these new rights will be modernised and kept as smooth and simple as possible; ⦁ the application process will be a separate legal scheme, in UK law, rather than the current one for certifying the exercise of rights under EU law. Accordingly we will tailor the eligibility criteria so that, for example, we will no longer require evidence that economically inactive EU citizens have previously held ‘comprehensive sickness insurance’ in order to be considered continuously resident; ⦁ all qualifying EU citizens will be given adequate time to apply for their new residence status after our exit. There will be no cliff-edge at the point of the UK’s withdrawal from the EU; ⦁ we guarantee that qualifying individuals will be granted settled status in UK law (indefinite leave to remain pursuant to the Immigration Act 1971). This means they will be free to reside in any capacity and undertake any lawful activity, to access public funds and services and to apply for British citizenship; ⦁ to qualify, the EU citizen must have been resident in the UK before a specified date and must have completed a period of five years’ continuous residence in the UK before they apply for settled status, at which point they must still be resident; ⦁ those EU citizens who arrived and became resident before the specified date but who have not accrued five years’ continuous residence at the time of the UK’s exit will be able to apply for temporary status in order to remain resident in the UK until they have accumulated five years, after which they will be eligible to apply for settled status; ⦁ those EU citizens who arrived after the specified date will be allowed to remain in the UK for at least a temporary period and may become eligible to settle permanently, depending on their circumstances – but this group should have no expectation of guaranteed settled status; ⦁ family dependants who join a qualifying EU citizen in the UK before the UK’s exit will be able to apply for settled status after five years (including where the five years falls after our exit), irrespective of the specified date. Those joining after our exit will be subject to the same rules as those joining British citizens or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date; ⦁ the ‘specified date’ will be no earlier than the 29 March 2017, the date the formal Article 50 process for exiting the EU was triggered, and no later than the date of the UK’s withdrawal from the EU. We expect to discuss the specified date with our European partners as part of delivering a reciprocal deal; and ⦁ we will apply rules to exclude those who are serious or persistent criminals and those whom we consider a threat to the UK. 7) In relation to benefits, pensions, healthcare, economic and other rights, in the expectation that these rights will be reciprocated by EU member states, the Government intends that: ⦁ EU citizens with settled status will continue to have access to UK benefits on the same basis as a comparable UK national under domestic law; ⦁ EU citizens arriving before the specified date who do not have five years’ residence at the time of the UK’s exit but who remain legally in the UK on a pathway to settled status will continue to be able to access the same benefits that they can access now – (broadly, equal access for workers/the self-employed and limited access for those not working). If these individuals go on to acquire settled status, they will then be able to access benefits on the same terms as comparable UK residents; ⦁ existing rules on the rights of EU citizens and UK nationals to export UK benefits to the EU will be protected for those who are exporting such UK benefits on the specified date, including child benefit, subject to on-going entitlement to the benefit; ⦁ the UK will continue to export and uprate the UK State Pension within the EU; ⦁ the UK will continue to aggregate periods of relevant insurance, work or residence within the EU accrued before exit to help meet the entitlement conditions for UK contributory benefits and State Pension, even where entitlement to these rights may be exercised after exit; ⦁ the UK will seek to protect the healthcare arrangements currently set out in EU Social Security Coordination Regulations and domestic UK law for EU citizens who arrive in the UK before the specified date and for UK nationals living in the EU before the specified date; ⦁ the UK will also seek to protect the ability of individuals who are eligible for a UK European Health Insurance Card (EHIC) before the specified date to continue to benefit from free, or reduced cost, needs-arising healthcare while on a temporary stay in the EU. The UK will seek an ongoing arrangement akin to the EHIC scheme as part of negotiations on our future arrangements with the EU; ⦁ the UK will ensure qualifying EU citizens who arrived in the UK before the specified date will continue to be eligible for Higher Education (HE) and Further Education (FE) student loans and ‘home fee’ status in line with persons with settled status in the UK⦁ 3. Such persons will also be eligible to apply for maintenance support on the same basis they do now; ⦁ to help provide certainty for EU students starting courses as we implement the UK’s exit (including those who are not currently living in the UK), we have already confirmed that current EU students and those starting courses at a university or FE institution in the 2017/18 and 2018/19 academic years, will continue to be eligible for student support and home fee status for the duration of their course. We will also ensure that these students have a parallel right to remain in the UK to complete their course; and ⦁ the UK will seek to ensure that citizens with professional qualifications obtained in the EU27 prior to the UK’s withdrawal from the EU will continue to have those qualifications recognised in the UK (and vice versa). 8) The reciprocal agreement on citizens’ rights will apply to the entire United Kingdom, covering Scotland, Wales, Northern Ireland and all parts of England, and Gibraltar. Decisions that are currently made by the devolved administrations and the Government of Gibraltar will continue to be made by them. 9) Obtaining documentation showing their settled status will enable EU citizens resident here to carry on living here lawfully. Moreover it will help them to demonstrate to employers and other service providers their ongoing rights to be in the UK and to enjoy entitlements to benefits and public services. It will demonstrate (to employers, for example) that the holder continues to enjoy these rights, irrespective of any different migration controls the Government may introduce with regard to newly arriving EU citizens following the UK’s departure from the EU. 10) There is no need for EU citizens to apply now for EU documentation under the free movement rules to prove they are exercising Treaty rights or have a current right of permanent residence in order to secure their status post-exit. Nor will they need to apply for their new British settled status before our exit. However, we are planning to set up an application process before we leave the EU to enable those who wish to do so to get their new status at their earliest convenience. For those who have already obtained a certificate of their permanent residence, we will seek to make sure that the application process for settled status is as streamlined as possible. 11) We will discuss similar arrangements with Iceland, Liechtenstein, Norway and Switzerland (the European Free Trade Association (EFTA) States) on a reciprocal basis. 12) After the UK leaves the EU, free movement will end but migration between the UK and the EU will continue. We will continue to welcome the contribution EU citizens bring to our economy and society; the UK will remain a hub for international talent. The Government is carefully considering a range of options as to how EU migration will work for new arrivals post-exit and will publish proposals as soon as possible, allowing businesses and individuals enough time to plan and prepare.

27 June 2016 - Useful UK & EEA Immigration News from the Legal Centre, www.legalcentre.org Ph: 0330 001 0342 ⦁ HM Government, The United Kingdom's exit from the European Union: safeguarding the position of EU citizens living in the UK and UK nationals living in the EU, 26 June 2017 : <noindex>https://www.gov.uk/government/publications/...onals-in-the-eu</noindex> The Government has published its offer for EU citizens in the UK and UK nationals in the EU on their rights and status after the UK leaves the EU. Its summary proposals are below and the full policy paper is attached at the above link. Summary proposals 1) In the Article 50 negotiations for the United Kingdom (UK) leaving the European Union (EU), our first priority is to reach agreement on the post-exit position of EU citizens1 now living in the UK and of UK nationals 2 living in other EU countries. We will put those citizens first, and do all we can to provide reassurance to the EU citizens who have made the UK their home, and likewise for UK nationals who have done the same in countries across the EU. 2) EU citizens are valued members of their communities here, and we know that UK nationals abroad are viewed in the same way by their host countries. 3) The UK is one of the most tolerant and welcoming places in the world and will remain that way. EU citizens who came to the UK before the EU Referendum, and before the formal Article 50 process for exiting the EU was triggered, came on the basis that they would be able to settle permanently, if they were able to build a life here. We recognise the need to honour that expectation. The choice made in the Referendum was about our arrangements going forward, not about unravelling previous commitments. 4) Over one million UK nationals have moved to other countries in the EU, and many have built their lives there. Their ability to stay, and for life to continue much as it does now, depends on the agreement that is reached between the UK and the EU. 5) Our proposals as set out below are without prejudice to Common Travel Area arrangements between the UK and Ireland (and the Crown Dependencies), and the rights of British and Irish citizens in each others’ countries rooted in the Ireland Act 1949. These arrangements reflect the long-standing social and economic ties between the UK and Ireland and pre-date both countries’ membership of the EU. As such, we want to protect the Common Travel Area arrangements, and Irish citizens residing in the UK will not need to apply for settled status to protect their entitlements. We have also been clear that our exit will in no way impact on the terms of the Belfast Agreement. We will continue to uphold in that context the rights of the people of Northern Ireland to be able to identify as British or Irish, or both, and to hold citizenship accordingly. 6) The Government undertakes to treat EU citizens in the UK according to the principles below, in the expectation that the EU will offer reciprocal treatment for UK nationals resident in its member states: ⦁ until the UK’s exit, while the UK remains a member of the EU, EU citizens resident here will continue to enjoy the rights they have under EU Treaties. We will comply in full with our legal obligations, including in respect of administrative procedures for providing documentation for those exercising Treaty rights; ⦁ after we leave the EU, we will create new rights in UK law for qualifying EU citizens resident here before our exit. Those rights will be enforceable in the UK legal system and will provide legal guarantees for these EU citizens. Furthermore, we are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. The Court of Justice of the European Union (CJEU) will not have jurisdiction in the UK; ⦁ these rights will apply to all EU citizens equally and we will not treat citizens of one member state differently to those of another; ⦁ qualifying EU citizens will have to apply for their residence status. The administrative procedures which they will need to comply with in order to obtain these new rights will be modernised and kept as smooth and simple as possible; ⦁ the application process will be a separate legal scheme, in UK law, rather than the current one for certifying the exercise of rights under EU law. Accordingly we will tailor the eligibility criteria so that, for example, we will no longer require evidence that economically inactive EU citizens have previously held ‘comprehensive sickness insurance’ in order to be considered continuously resident; ⦁ all qualifying EU citizens will be given adequate time to apply for their new residence status after our exit. There will be no cliff-edge at the point of the UK’s withdrawal from the EU; ⦁ we guarantee that qualifying individuals will be granted settled status in UK law (indefinite leave to remain pursuant to the Immigration Act 1971). This means they will be free to reside in any capacity and undertake any lawful activity, to access public funds and services and to apply for British citizenship; ⦁ to qualify, the EU citizen must have been resident in the UK before a specified date and must have completed a period of five years’ continuous residence in the UK before they apply for settled status, at which point they must still be resident; ⦁ those EU citizens who arrived and became resident before the specified date but who have not accrued five years’ continuous residence at the time of the UK’s exit will be able to apply for temporary status in order to remain resident in the UK until they have accumulated five years, after which they will be eligible to apply for settled status; ⦁ those EU citizens who arrived after the specified date will be allowed to remain in the UK for at least a temporary period and may become eligible to settle permanently, depending on their circumstances – but this group should have no expectation of guaranteed settled status; ⦁ family dependants who join a qualifying EU citizen in the UK before the UK’s exit will be able to apply for settled status after five years (including where the five years falls after our exit), irrespective of the specified date. Those joining after our exit will be subject to the same rules as those joining British citizens or alternatively to the post-exit immigration arrangements for EU citizens who arrive after the specified date; ⦁ the ‘specified date’ will be no earlier than the 29 March 2017, the date the formal Article 50 process for exiting the EU was triggered, and no later than the date of the UK’s withdrawal from the EU. We expect to discuss the specified date with our European partners as part of delivering a reciprocal deal; and ⦁ we will apply rules to exclude those who are serious or persistent criminals and those whom we consider a threat to the UK. 7) In relation to benefits, pensions, healthcare, economic and other rights, in the expectation that these rights will be reciprocated by EU member states, the Government intends that: ⦁ EU citizens with settled status will continue to have access to UK benefits on the same basis as a comparable UK national under domestic law; ⦁ EU citizens arriving before the specified date who do not have five years’ residence at the time of the UK’s exit but who remain legally in the UK on a pathway to settled status will continue to be able to access the same benefits that they can access now – (broadly, equal access for workers/the self-employed and limited access for those not working). If these individuals go on to acquire settled status, they will then be able to access benefits on the same terms as comparable UK residents; ⦁ existing rules on the rights of EU citizens and UK nationals to export UK benefits to the EU will be protected for those who are exporting such UK benefits on the specified date, including child benefit, subject to on-going entitlement to the benefit; ⦁ the UK will continue to export and uprate the UK State Pension within the EU; ⦁ the UK will continue to aggregate periods of relevant insurance, work or residence within the EU accrued before exit to help meet the entitlement conditions for UK contributory benefits and State Pension, even where entitlement to these rights may be exercised after exit; ⦁ the UK will seek to protect the healthcare arrangements currently set out in EU Social Security Coordination Regulations and domestic UK law for EU citizens who arrive in the UK before the specified date and for UK nationals living in the EU before the specified date; ⦁ the UK will also seek to protect the ability of individuals who are eligible for a UK European Health Insurance Card (EHIC) before the specified date to continue to benefit from free, or reduced cost, needs-arising healthcare while on a temporary stay in the EU. The UK will seek an ongoing arrangement akin to the EHIC scheme as part of negotiations on our future arrangements with the EU; ⦁ the UK will ensure qualifying EU citizens who arrived in the UK before the specified date will continue to be eligible for Higher Education (HE) and Further Education (FE) student loans and ‘home fee’ status in line with persons with settled status in the UK⦁ 3. Such persons will also be eligible to apply for maintenance support on the same basis they do now; ⦁ to help provide certainty for EU students starting courses as we implement the UK’s exit (including those who are not currently living in the UK), we have already confirmed that current EU students and those starting courses at a university or FE institution in the 2017/18 and 2018/19 academic years, will continue to be eligible for student support and home fee status for the duration of their course. We will also ensure that these students have a parallel right to remain in the UK to complete their course; and ⦁ the UK will seek to ensure that citizens with professional qualifications obtained in the EU27 prior to the UK’s withdrawal from the EU will continue to have those qualifications recognised in the UK (and vice versa). 8) The reciprocal agreement on citizens’ rights will apply to the entire United Kingdom, covering Scotland, Wales, Northern Ireland and all parts of England, and Gibraltar. Decisions that are currently made by the devolved administrations and the Government of Gibraltar will continue to be made by them. 9) Obtaining documentation showing their settled status will enable EU citizens resident here to carry on living here lawfully. Moreover it will help them to demonstrate to employers and other service providers their ongoing rights to be in the UK and to enjoy entitlements to benefits and public services. It will demonstrate (to employers, for example) that the holder continues to enjoy these rights, irrespective of any different migration controls the Government may introduce with regard to newly arriving EU citizens following the UK’s departure from the EU. 10) There is no need for EU citizens to apply now for EU documentation under the free movement rules to prove they are exercising Treaty rights or have a current right of permanent residence in order to secure their status post-exit. Nor will they need to apply for their new British settled status before our exit. However, we are planning to set up an application process before we leave the EU to enable those who wish to do so to get their new status at their earliest convenience. For those who have already obtained a certificate of their permanent residence, we will seek to make sure that the application process for settled status is as streamlined as possible. 11) We will discuss similar arrangements with Iceland, Liechtenstein, Norway and Switzerland (the European Free Trade Association (EFTA) States) on a reciprocal basis. 12) After the UK leaves the EU, free movement will end but migration between the UK and the EU will continue. We will continue to welcome the contribution EU citizens bring to our economy and society; the UK will remain a hub for international talent. The Government is carefully considering a range of options as to how EU migration will work for new arrivals post-exit and will publish proposals as soon as possible, allowing businesses and individuals enough time to plan and prepare. ⦁ Delays in returning original IDs by the UK BA We have noted that beginning May 2017 the UK BA started systematically failing to return the original IDs when the on-line ROD (Return of Documents) form is used within the advertised target 10 days. ⦁ Not good enough - the Secretary of State criticized by Court of Appeal for “confused” and “messy” legal analysis in deportation case The Home Office has been criticized by the Court of Appeal for its “confused” and “messy” legal analysis in the matter of Secretary of State for the Home Department v Mosira [2017] EWCA Civ 407. The Secretary of State sought to apply refugee cessation provisions to a non-refugee deportee; rigidly sticking to its increasingly untenable position throughout the proceedings. The individual – a Zimbabwean national – had never in fact been granted refugee status but was bestowed it on a technicality for the purposes of family re-unification. By the time the Secretary of State had realised her errors, it was too late as far as the Court of Appeal was concerned; her appeal was accordingly dismissed. ⦁ Asylum Policy Instruction - Settlement Protection - No longer "automatic" Settlement for refugees... The UK BA's current settlement policy for refugees (after residing in the UK for a period of 5 years) can be found here: <noindex>https://www.gov.uk/government/uploads/syste...on_v4.0_EXT.pdf</noindex> "All those who apply for Settlement protection (=ILR) after completing the appropriate probationary period of limited leave will be subject to a safe return review with reference to the country situation at the date the application is considered. Those who still need protection at that point will normally qualify for Settlement". The policy means Settlement cannot be obtained by simply completing the form and returning the biometric residence permit to the UK BA (as was possible pre-March 2017), detailed information will need to be provided to demonstrate current rist, based on the country background evidence and case-law, in order to avoid cessation (= revocation of a refugee status and removal from the UK). ⦁ When refugee is no longer a refugee ? The 1951 Convention relating to the Status of Refugees (‘1951 Convention’) recognizes that Refugee Status ends under certain defined conditions. This means once an individual is determined to be a refugee, their status is maintained unless they fall within the terms of the cessation clauses or their status is cancelled or revoked. Article 1C of the 1951 Convention sets out the circumstances when the Refugee Convention will no longer apply because an individual no longer needs protection. These circumstances occur when: - An individual voluntarily re-availed themselves of the protection of the country of nationality - Having lost his/her nationality, he/she voluntarily reacquired it - The acquisition of a new nationality and enjoyment of the protection of the county of new nationality - He/she can no longer, because of the circumstances in connection with which he has been recognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality. - Being a person who has no nationality he is, because the circumstances in connection with which he has been recognized as a refugee have ceased to exist, able to return to the country of his former habitual residence.

Приветствую, Рассмотрение таких звявлений идет в порядке поступления. Обратите внимание, что сейчас могут задерживаить рассмотрения заявлений на ПМЖ (категория "жены британцев") если так же вывозится ребенок (из-за решения суда по делу "MM"). См. мой отдельный тред выше.

26 June 2016 - Useful UK & EEA Immigration News from the Legal Centre, www.legalcentre.org Ph: 0330 001 0342 ⦁ Importance of completing Section 120 on lodging the appeal Often the appellants fail to complete the Section 120 while lodging the appeal. This Section 120 is a very important piece of document and must be well think of, as it allows to bring forward (the last stop, so to speak) any remaining or new facts that the appellant wishes to rely upon. The Secretary of State for the Home Department (SSHD) is oblidged to consider the Section 120 at the point of lodging the appeal by the Appellant. Then, if the appellant fails to complete the Section 120 and later attempts to put forward any other new arguments, information ect, the SSHD is unusally not in a position to consider such information/documents. ⦁ Interesting and possible useful decision by the SIJ Ockelton that the child who is not able to get passport form his parents national country is eligible for British passport as stateless. That is, the children from India, as apparently the Indian High Commission refuses to give passport to children of overstayers or who do not have leave to remain in the UK: <noindex>http://www.bailii.org/ew/cases/EWHC/Admin/2017/1365.html</noindex> ⦁ Do Irish citizens need to apply for Permanent Residence before they can apply to become British citizens ? Apparently not, on the basis of Schedule 1, 2A(d) of the BNA 1981, meaning they just have to meet the other requirements of residence and good character etc. The Immigration Rule 15 states: 15.The United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form a common travel area. A person who has been examined for the purpose of immigration control at the point at which he entered the area does not normally require leave to enter any other part of it. However certain persons subject to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended) who enter the United Kingdom through the Republic of Ireland do require leave to enter. This includes: (i) those who merely passed through the Republic of Ireland; (ii)persons requiring visas; (iii)persons who entered the Republic of Ireland unlawfully; (iv)persons who are subject to directions given by the Secretary of State for their exclusion from the United Kingdom on the ground that their exclusion is conducive to the public good; (v)persons who entered the Republic from the United Kingdom and Islands after entering there unlawfully or overstaying their leave. Irish nationals have a special status in UK law which is separate to and pre-dates the rights they have as EU citizens. Ireland is not considered to be a “foreign country” for the purpose of UK laws, and Irish citizens are not considered to be “aliens”. Irish citizens are treated as if they are settled in the UK from the date they take up “ordinary residence” here. s50(1) of the BNA 1981 describes an “alien” as a person who is neither a Commonwealth citizen nor a British protected person nor a citizen of the Republic of Ireland. “Foreign country” is also defined as a country other than the United Kingdom, a British overseas territory, a country mentioned in Schedule 3 and the Republic of Ireland; This special status affects Irish nationals’ rights across a number of areas, including eligibility for British citizenship, eligibility to vote and stand for election, and eligibility for certain welfare benefits. As a result, they have more advantageous rights than other EU/EEA nationals in some areas. ⦁ Tier 1 (Entrepreneur) applications for Settlement - the applicants may not need to to provide company accounts to prove investments As per the UK BA's reply: Q: Could you confirm that an applicant applying for settlement under the 5 years route Tier 1 (Entrepreneur) does not require to provide company accounts to prove investment as this was provided in the extension application. Appendix A attributes ? Therefore, the only specified documents in relation to the business would be the employees’ documents and evidence that he remains a director of a business. UK BA: This is correct. If this information was already provided during the application for last grant of leave it should not be required again. This is with the usual caveat that we cannot pre-assess any part of an application.

Задержки по заявлениям невест, жен, мужей британских граждан/лиц с ILR (ПМЖ) Обратите внимание, что UK BA начал стандартно задерживать рассмотрение всех заявлений на ПМЖ по категории «невеста, жена, муж» британского гражданина/лица с ILR (ПМЖ), если один из заявителей – ребенок. Это происходит потому, что UK BA проиграли судебное дело (“MM”) и теперь должны изменить соответствующие Правила. На данный момент я столкнулся с задержками в рассмотрении заявления по категории «виза жены британца» уже в 15 недель. Сколько будут продолжаться задержки в таких рассмотрениях – сказать трудно. К сожалению, даже если заявители (например, мама и ребенок) подадут по системе т.н. ускоренного рассмотрения заявления на ПМЖ за 14 дней, это так же не гарантирует быстрое рассмотрение заявления.

Текущие реальные сроки по апелляциям по разным категориям: - Out-of-country Settlement applications (жены, невесты и т.п., т.е. UK Immigration Law) – 18 месяцев - Refusal of Entry - out-of-country appeals – 6 месяцев - In-country EEA law applications – 3 месяца Кстати, если в апелляции включены дети (за исключение out--of-country заявлений жен/мужей/невест британцев, т.е. по UK Immigration Law/Appendix FM), разявления расматривают быстрее.

Приветствую, Если в UK - то отделение UK BA, где мы клиентам получаем решения за 1 день называется Premium Service Centre (PSC). Рад был помочь.

23 June 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org from the family run top category UK & EEA Immigration Law practice who can help ⦁ House of Commons' Library briefing paper: International and EU students in higher education in the UK FAQs (CBP-7976) (14 June 2017) : <noindex>http://researchbriefings.parliament.uk/Res...ummary/CBP-7976</noindex> ⦁ Can a refugee make a Family Reunion Entry Clearance application without a passport ? Apparently, he/she may, as it is fairly common for those applying under the Family Reunion Route to not have a passport. The applicant needs to request in the his/her cover letter that the Entry Clearance visa be issued on the so-called Uniform Format Form (UFF) as the applicant does not have a passport.

Основываюсь на опыте работы с отказами в ситуациях, как складывается у Вас. Чтобы детально и обстоятельно, с пользой для Вас ответить на эти вопросы, мну нужно будет задать Вам ряд первоначальных вопросов и уточнить некоторую информацию. Вы можете записаться на консультацию со мной в удобное для Вас время по следующей ссылке: <noindex>https://legalcentre.org/Konsultacija-s-Advokatom.html</noindex>

Приветствую, Скорее всего, Вы имеете в виду вопрос анкеты о том, когда РАНЬШЕ Вы сдавали биометрику ? На правктике в ютометрику в UK сдают: - Почтовое заявление - (обычно) в течение 2-3 недель (приходит письмо-приглашение) после подачи заявления - В личном визите - в день подачи (обычно минут через 20 после того, как сдали документы caseworker)

21 May 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org from the family run top category UK & EEA Immigration Law practice who can help ⦁ The Queen’s Speech 2017 : <noindex>https://www.gov.uk/government/topical-event...ens-speech-2017</noindex> Some parts of the Queen's speech may be of interest to migrants, as follows: Some areas that may be of particular interest to ILPA members are described below, including the proposed Immigration Bill and non-legislative measures on migration. Brexit It is proposed that there will be eight Bills to deliver Brexit: a Repeal Bill and separate Bills on immigration, trade, customs, agriculture, fisheries, nuclear safeguards and international sanctions. The Government states that the Repeal Bill will ⦁ repeal the European Communities Act 1972 and convert EU law into UK law as the UK leaves the EU; ⦁ create temporary powers for Parliament to make secondary legislation, enabling corrections to be made to the laws that do not operate appropriately once the UK has left the EU. It will also allow changes to be made to domestic law to reflect the content of any withdrawal agreement under Article 50; ⦁ replicate the common UK frameworks created by EU law in UK law, and maintain the scope of devolved decision-making powers immediately after exit. This will be a transitional arrangement to provide certainty after exit and allow intensive discussion and consultation with the devolved administrations on where lasting common frameworks are needed. It proposes that an Immigration Bill will be brought forward: ⦁ To allow the Government to repeal EU law on immigration, primarily free movement, that will be saved and converted into UK law by the Repeal Bill. ⦁ To allow the Government to make the migration of EU nationals and their family members subject to relevant UK law once the UK has left the EU. The Government states that the Customs Bill will ensure: ⦁ that the UK has a standalone UK customs regime on exit; ⦁ flexibility to accommodate future trade agreements with the EU and others; ⦁ that changes can be made to the UK’s VAT and excise regimes to ensure that the UK has standalone regimes on EU-exit. A separate Trade Bill would put in place the essential and necessary legislative framework to allow the UK to operate its own independent trade policy upon exit from the European Union. Courts Bill The Government proposes a Bill to reform the courts and tribunal system, making better use of technology and modernising working practices. It will include measures to: ⦁ end the direct cross examination of domestic violence victims by their alleged perpetrators in the family courts and extending the use of virtual hearings to victims to participate in trials without meeting their alleged assailant face-to-face. ⦁ enable those charged with some less serious criminal offences to opt to plead guilty, accept a conviction and pay a statutory fixed penalty online and free up court time for more serious cases. Defendants would need to actively opt into this process and could still choose to have their case heard in court instead. The reforms will also introduce digital services which will allow businesses to pursue their cases quickly, enabling them to recover debts more easily. ⦁ provide a better working environment for judges by allowing more leadership positions in the judiciary to be offered on a fixed term, and enabling judges to be deployed more flexibly to improve opportunities for career progression. The Government expects to make steady state savings to the taxpayer of £226 million once the reforms to make better use of technology and modernising working practices are implemented. Data Protection Bill The Government proposes to bring forward a new Data Protection Bill to replace the Data Protection 1998. As data protection is a reserved matter, this would apply throughout the UK. The Bill would include measures to: ⦁ To establish a new data protection regime for non-law enforcement data processing, replacing the Data Protection Act 1998. The new rules strengthen rights and empower individuals to have more control over their personal data, including a right to be forgotten when individuals no longer want their data to be processed, provided that there are no legitimate grounds for retaining it. ⦁ To modernise and update the regime for data processing by law enforcement agencies. The regime will cover both domestic processing and cross-border transfers of personal data. ⦁ To update the powers and sanctions available to the Information Commissioner. Domestic Violence and Abuse Bill ⦁ To establish a Domestic Violence and Abuse Commissioner, to stand up for victims and survivors, raise public awareness, monitor the response of statutory agencies and local authorities and hold the justice system to account in tackling domestic abuse. ⦁ To define domestic abuse in law to underpin all other measures in the Bill. ⦁ To create a consolidated new domestic abuse civil prevention and protection order regime. ⦁ To ensure that if abusive behaviour involves a child, then the court can hand down a sentence that reflects the devastating life-long impact that abuse can have on the child. Non-legislative measures (including on migration) The Government has also set out policy approaches and measures that do not involve primary legislation. On migration, it states: ⦁ The UK is committed to improving the international response to mass movements of refugees and migrants. We want to embed the principle of ‘first safe country’ to encourage migrants to seek protection in the first safe country they can reach and reduce dangerous secondary movements, which threaten migrants’ lives and open them to exploitation. ⦁ We must strengthen international adherence to legal frameworks that distinguish between refugees and economic migrants, so we can provide proper protection for refugees and reap the economic benefits controlled migration can bring while discouraging abuse of the immigration system. All states should maintain the right to control their borders and accept returns of their nationals when they have no right to remain elsewhere. Other non-legislative measures proposed in the Queen’s speech include: ⦁ a review of counter-terrorism legislation; ⦁ the establishment of a statutory Commission for Countering Extremism; ⦁ a public inquiry into the Grenfell Disaster; ⦁ measures to introduce an independent public advocate, who will act for bereaved families after a public disaster and support them at public inquests; ⦁ a review of mental health legislation with a view to future reform and changes in implementation, alongside efforts to make mental health provision a priority for the NHS. Next steps The Government’s plans will be debated by both the House of Commons and the House of Lords over the coming days, looking at different subject areas. MPs can table amendments to the speech and the debate concludes with votes on these amendments next week. The Queen’s Speech is voted on by the Commons but rarely in the Lords. As the Government does not have a majority in the House of Commons, it remains to be seen whether the legislative programme will be agreed by parliament as proposed.

Пожалуйста. Рад был помочь.

Приветствую, В UK апостиль не нужен. Тут даже не все понимают, что это за "зверь" такой :-)

Теоретически да, практически - вряд ли. Нужно было пока не ехать в UK и податься "вместе", т.е. муж показывал бы, что Вы собираетесь ехать в UK на работу.

19 May 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org from the family run top category UK & EEA Immigration Law practice who can help ⦁ No English language test for those who apply for Settlement after 6 years of the so-called Discretionary Leave (DL) - see page 7 of <noindex>https://www.gov.uk/government/uploads/syste...11/KoLL-v19.pdf</noindex> ⦁ Current version of the Knowledge of language and life in the UK can be found here: <noindex>https://www.gov.uk/government/uploads/syste...11/KoLL-v19.pdf</noindex>

16 May 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org from the family run top category UK & EEA Immigration Law practice who can help ⦁ Court of Justice of the EU on Zambrano Children, case note on Chavez-Vilchez and Others by Rights of Women, 12 June 2017 Note on legal aid funding Advice and assistance as well as representation in relation to applications for a derivative residence card are not in scope of legal aid. However, and in light of this judgment which has yet to be acknowledged by the Home Office in its guidance, there may in individual cases be grounds to make an application for legal aid (exceptional case funding). ⦁ UK Visas and Immigration guidance: Tier 2 and 5 sports governing bodies (15 June 2017) : <noindex>https://www.gov.uk/government/publications/...overning-bodies</noindex> This document lists the contact details for the sports governing bodies which are included in Appendix M of the Immigration Rules.