06 February 2017 - UK & EEA Immigration Law Updates from the Legal Centre
ENG: Legal Centre’s Services at a glance: <noindex>https://legalcentre.org/</noindex>
RUS: Вкраце об услугах Legal Centre: <noindex>https://legalcentre.org/language.php?lang=ru</noindex>
⦁ Correcting the incorrect (visa/BRP) endorsement guidance: <noindex>https://www.gov.uk/government/publications/...dorsement-ecb19</noindex>
⦁ The UK BA intends to phase out the paper based immigration forms completely:
"The service, called Access UK, is now available to those applying for leave to remain as the partner of a person present and settled in the UK or in the UK with refugee leave or humanitarian protection, and for leave to remain on the basis of their private life. This service is available here <noindex>https://visas-immigration.service.gov.uk/pr...t/family-routes</noindex>
These new digital forms are being built in line with the Government Digital Service’s principles, using an ‘agile’ approach which involves a commitment to continuously improve services based on user feedback. The forms are being launched to allow some customers to benefit from applying online. We anticipate that customers will benefit because they may find it quicker and convenient to complete a digital form. In the first instance those wishing to make a fee waiver application will not be able to use this service. It is our intention however, that future releases, will allow all those making an application on the basis of family and private life to use Access UK. It is important to note that all paper forms for Family routes, including the FLR (M) and FLR (FP) forms, will remain available in the immediate future via GOV.UK.".
New guidance resource on Immigration (European Economic Area) Regulations 2016, SI 2016/1052 (3 February 2017)
The Immigration (European Economic Area) Regulations 2016, SI 2016/1052 came into force on the 25th November 2016 and the 1st February 2017.
⦁ European Economic Area nationals: misuse of rights and verification of EEA rights of residence Version 2.0: <noindex>https://www.gov.uk/government/publications/...ts-of-residence</noindex>
UK Visas and Immigration guidance for staff on how they assess whether a person has misused a European Economic Area (EEA) right of residence in the UK and how to verify an EEA right of residence.
Changes from the last version of this guidance:
Completely redesigned and reformatted in line with new processes and updated in line with changes to the Immigration (European Economic Area) Regulations 2016.
⦁ Guidance: Removals and revocations of EEA nationals Version 2.0: <noindex>https://www.gov.uk/government/publications/...a-eea-nationals</noindex>
UK Visas and Immigration guidance about the processes for removing an EEA national from the UK, and revoking a document issued to an EEA national confirming a right of residence in the UK.
Changes from last version of this guidance:
Changes to reflect the Immigration (European Economic Area) Regulations 2016
completely revised by the free movement policy team and the guidance, rules and forms team.
Other minor changes
⦁ Guidance: EEA nationals qualified persons: <noindex>https://www.gov.uk/government/publications/...alified-persons</noindex>
This document explains how UK Visas and Immigration assesses if an EEA national is a qualified person.
Changes from last version of this guidance
01 February 2017 – Changes made to reflect commencement of Immigration (European Economic Area) Regulations 2016
placed into the new template
⦁ Exclusion of EEA nationals and their family members from the UK Version 5.0: <noindex>https://www.gov.uk/government/publications/...ies-from-the-uk</noindex>
UK Visas and Immigration modernised guidance for how it excludes European Economic Area (EEA) nationals and their family members from the UK under the Immigration (European Economic Area) Regulations 2006 (as amended) (’the Regulations’).
Changes from last version of this guidance:
out of date appeals information redacted
⦁ Criminal casework, Exclusion decisions and exclusion orders Version 5.0: <noindex>https://www.gov.uk/government/publications/...xclusion-orders</noindex>
UK Visas and Immigration modernised guidance about the difference between an exclusion decision and an exclusion order and how they deal with criminal casework cases relating to the subject of exclusion.
Changes from last version of this guidance:
out of date appeals information removed
⦁ New guidance: EEA decisions on grounds of public policy and public security Version 1.0: <noindex>https://www.gov.uk/government/publications/...f-public-policy</noindex>
UK Visas and Immigration guidance for staff on how decisions should be made under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016) on the grounds of public policy and public security.
This guidance applies to all public policy and public security decisions made on or after 1 February 2017.
⦁ European Economic Area (EEA) and Swiss nationals: free movement rights Version 15.0: <noindex>https://www.gov.uk/government/publications/...orcement-action</noindex>
This guidance is based on the Immigration (European Economic Area) Regulations 2016 and the Free Movement of Persons Directive 2004/38/EC. It is UK Visas and Immigration’s modernised guidance for how it considers the free movement rights of nationals of the EEA and Swiss nationals, and who can enter and live in the UK under European Community (EC) law.
Changes from last version of this guidance
1 February 2017 – Changes made to reflect commencement of Immigration (European Economic Area) Regulations 2016
Placed into the new template
⦁ European Economic Area (EEA) administrative removal, Version 3.0:https://www.gov.uk/government/publications/considering-immigration-status-and-deciding-enforcement-action
Guidance on considering status and deciding action for enforcement officers dealing with immigration enforcement matters, including curtailment, within the UK.
Changes from last version of this guidance
Marriage of convenience sections updated to refer to time limited deportations under regulation 23(6)( as detailed in EEA guidance: decisions taken on public policy or public security grounds’.
Proportionality and vulnerability of rough sleepers clarified; update to regulation numbers and removal of sham marriage as admin removal category (now deportation) EEA Regulation changes commencing 1 Feb.