British Lawyer

Автоматическое продление EU PRE-SETTLED Status и возможно АВТОМАТИЧЕСКОЕ ПОЛУЧЕНИЕ ILR

Каждый день приносит хорошие новости клиентам нашего Legal Centre. Сегодня 2 клиента получили ПМЖ (ILR) по категории "жена британца" и "исключительный талант". Заявления, как всегда, были одобрены за 1 день. Делюсь статистикой ежедневных одобрений заявлений клиентов.

31 July 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) >>> The Illegal Migration Act 2023: Key points The commencement provisions are set out at section 68, and it is important to bear in mind that much of the Act is not yet in force. If and when further provisions are brought into force, this will be done via regulations at a later date. The main provisions that came into force with Royal Assent are: - Sections 30 to 37: Entry, settlement and citizenship - Section 52: Judges of the First-tier Tribunal and Upper Tribunal Section 30 prohibits a grant of entry clearance, an Electronic Travel Authority or leave to enter or remain to anyone who has arrived in the UK on or after 7 March 2023, and who meets the other three conditions set out in section 2. This is subject to certain exceptions, including for certain unaccompanied children and survivors of trafficking and where there would otherwise be a breach of human rights. Section 31 defines an “ineligible person” as someone who has arrived since 7 March 2023 and has previously met the Section 2 conditions. This person is prohibited from registering or naturalising as a British Citizen under sections 32 to 37. An important change since the Bill was published is that all of these provisions are no longer extended to the family members of the affected people.

Возможно я уже подал несколько тысяч таких заявление на ПМЖ ILR) по категории "жена британца" (SET(M)) за свою юридическую карьеру на протяжении уже трех десятилетий... Данное заявление на ILR не стало исключением и было одобрено Home Office за 1 день. Делюсь статистикой ежедневных одобрений заявлений клиентов.

Еще один клиент из Турции быстро получил ПМЖ (ILR) по рабочей категории. Заявление рассмотрели за 1 день. Делюсь статистикой ежедневных одобрений решений заявлений клиентов.

26 July 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) >>> Upper Tribunal rules post-Brexit Zambrano appeals can continue: https://www.bailii.org/uk/cases/UKUT/IAC/2023/162.html In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: "1. Following the UK’s withdrawal from the EU, the Immigration (European Economic Area) Regulations 2016 are continued for transitional purposes by statutory instruments including the Immigration and Social Security Coordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (SI 1309/2020). 2. Paragraph 5 of Schedule 3 to the 2020 Regulations deals with “Existing appeal rights and appeals”. Paragraph 6 of Schedule 3 then sets out the specified provisions of the EEA Regulations 2016. Neither regulation 16 nor 20 of the EEA Regulations are included in that schedule. Regulation 36 relating to appeal rights is. Schedule 2 to the EEA Regulations is also amongst the provisions continued as modified. At paragraph 6(cc), the modifications to that schedule are set out. 3. Those provisions draw a distinction between appeals which arise before or are against decisions taken before 31 December 2020 (paragraphs 5(1)(a) to (c)) and those against decisions taken after 31 December 2020 (paragraph 5(1)(d)). 4. Contrary to the unreported decision in Secretary of State for the Home Department v Oluwayemisi Janet James (UI-2021-000631; EA/05622/2020), the right of appeal against a decision made prior to 31 December 2020 therefore continues in force until finally determined (see in that regard paragraph 5(2) of Schedule 3 to the 2020 Regulations). 5. Part Four of the Withdrawal Agreement is concerned with transitional provisions which apply during the transition or implementation period between the date of the Withdrawal Agreement and 31 December 2020. 6. Part Four of the Withdrawal Agreement applies “Union law” during the transition period. The Zambrano right is a derivative one which depends on Article 20 Treaty for the Functioning of the European Union (TFEU). The TFEU is part of “the EU Treaties”. It is continued in force during the transition period. A decision to the contrary would have come as something of a surprise as it was surely not intended by the Home Office. Notwithstanding the surprising submissions made by a Home Office Presenting Officer and the outcome of a different, unreported appeal."

Еще одна супруга британца получила ПМЖ в Великобритании. Заявление клиентки было одобрено за 3.5 часа в день подачи заявления через т.н. 24-hour Super Priority Service. Делюсь статистикой ежедневных одобрений заявлений клиентов.

Еще одно заявление клиентки на основании долгого проживания в Великобритании было одобрено за 1 день. Тип заявления: SET(LR). Клиентка проживала Великобритании по разным иммиграционным категориям, включая студенческие, рабочие и партнерские визы. Делюсь статистикой ежедневных одобрений заявлений.

Я помогал этой клиентке и ее семье с 2006 года. Сейчас она завершила свой иммиграционный путь в Великобритании, став гражданкой. Делюсь ежедневной статистикой одобрений заявлений клиентов.

20 July 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) >>> British passports will be issued in the name of His Majesty for the first time since 1952: https://www.gov.uk/government/news/british-passports-will-be-issued-in-the-name-of-his-majesty?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=9c1b93d5-7a03-474f-9a78-3badad78f884&utm_content=immediately

Сегодня. Просто приятно.

19 July 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) >>> Statement of Changes to the Immigration Rules: HC 1715 (19 July 2023) - Changes to the Visa National List: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1715-19-july-2023?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=a3eaa531-10e1-4519-afb1-fc3038d5419a&utm_content=immediately The only changes made in this statement are to Appendix Visitor: Visa national list. The changes came into effect TODAY, 19 July 2023, at 15:00. Nationalities Added to the Visa National List The following nationalities will be added the visa national list at VN 1.1(a) of Appendix Visitor: Visa national list: - Dominica - Honduras - Namibia - Timor-Leste - Vanuatu Transition Period for visitors with pre-booked travel to the UK As for the general transition period, the Statement of Changes states: "In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 19 July 2023, such applications will be decided in accordance with the Immigration Rules in force on 18 July 2023." However, there is a provision which will allow nationals of the affected countries who have booked travel to the UK prior to the rules coming into effect to enter as a visitor without a visa for a period of 4 weeks from today. After VN 2.2(n) of Appendix Visitor: Visa national list, the following paragraph will be inserted: “(o) nationals or citizens of Dominica, Honduras, Namibia, TimorLeste, and Vanuatu, who hold confirmed bookings to the UK made on or before 15:00 BST 19 July 2023 where arrival in the UK is no later than 16 August 2023.”. This exception does not apply where the person is: (a) visiting the UK to marry or to form a civil partnership, or to give notice of marriage or civil partnership, unless they are a “relevant national” as defined in section 62 of the Immigration Act 2014; or (b) seeking to visit the UK for more than 6 months. This transition period is explained in the Explanatory Memorandum as follows: “7.2 The imposition of these visa regimes will include a transition period for any nationals of these countries who are travelling to the UK without a visa. This period will commence at the same time as the visa regime is imposed and run until four weeks after the imposition date. During this period, those nationals who hold a confirmed booking to the UK made before the exact time of the imposition, and where arrival in the UK is no later than four weeks after the imposition, will be exempt from the visa requirement. Those booking on or after the imposition, or due to arrive in the UK four weeks after the imposition, will require a visa. 7.3 This transition period will prevent operational difficulties, general unfairness, and ensure that people who arranged travel before this announcement do not lose money. The length of the period (four weeks) has been chosen to give the nationals of these countries enough time to book and receive a visa. The current service-level agreement for processing times for visit visas is approximately 15 working days. ”. Airside transit In relation to airside transit passengers, who “do not need to change airports or pass through the UK border”, the Explanatory Memorandum sets out that: “7.4 The visa impositions will also be accompanied by amendments to the Immigration (Passenger Transit Visa) Order 2014, to ensure that nationals from these countries will also require a visa when conducting airside transit travel.”

Клиентка получила ПМЖ на основании смерти ее супруга-британца. Неускоренное заявление на ПМЖ было рассмотрено и одобрено за 2.5 месяца. Делюсь статистикой ежедневных одобрений заявлений клиентов.

Вот так выглядит современный Certificate of Application under the EU Settlement Scheme (EUSS). Обратите внимание на отсутствие лимита действия данного сертификата всего на протяжении 6 месяцев как это было раньше.

Важные изменения в британских иммиграционных Правилах Other minor policy and technical changes, including: Updates to the seasonal worker route (to increase the hourly rate for occupation codes 5431 or 5433 in the poultry production sector, so they will be paid at least £10.75 for each hour worked and £26,200 per year). ... Changes to Appendix Adult Dependent Relative Immigration Rules to correct the error of the Home Office in excluding the partner of an applicant (where the partner and the applicant are the parents or grandparents of the sponsor). On 9 August 2023, the following changes will take effect to Appendix EU and Appendix EU (Family Permit): The deadline for the application will be a validity requirement rather than an eligibility requirement, which will enable the Secretary of State to consider whether there are reasonable grounds for a late application as a preliminary issue. However, the Explanatory Memorandum states, at 7.2, ‘We will not reassess the validity of an application which has already been confirmed as valid by the issuing of a Certificate of Application.’ Illegal entrants will no longer be able to make a valid application to the EUSS as a joining family member. The implementation of the judgment the Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022). People with pre-settled status under the EUSS will automatically have their status extended by 2 years before it expires if they have not obtained settled status. The Surinder Singh route and the Zambrano route will be closed to new applications from 8 August 2023. However, the Explanatory Memorandum confirms, ‘The routes will remain open to those who are already on them (or with a pending application, administrative review or appeal) or who have pending access to them via a relevant EUSS family permit.’ Changes to dependent relatives to include ‘the child of a durable partner where the child has turned 18 since they were granted pre-settled status under the EUSS’.

17 July 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) >>> Dependency assumed for parents with EU Settlement Scheme family permits: https://tribunalsdecisions.service.gov.uk/utiac/2023-ukut-00161 A ‘dependent parent’ already admitted under the EU Settlement Scheme can get leave to remain without having to show dependency, the Upper Tribunal has held in Rexhaj (extended family members: assumed dependency) [2023] UKUT 00161 (IAC). If applying before 30 June 2021, the parent of an EU national or of their spouse could obtain entry clearance as a ‘dependent parent’ without actually needing to prove they were dependent. Appendix EU (Family Permit) to the Immigration Rules said dependency would just be assumed. A parent who wants to stay longer than six months then needs to apply for leave to remain under Appendix EU. That Appendix does require dependency to be proven, unless the person has previously been ‘granted limited leave to enter or remain under this Appendix as a dependent parent’. Ms Rexhaj was in this situation. The Home Office and First-tier Tribunal told her she needed to show dependency, because her leave to enter had been granted under Appendix EU (Family Permit), not under Appendix EU. She appealed, and the Upper Tribunal concluded this was wrong. Its reasoning turned on the legal distinction between entry clearance (a visa granted before travel) and leave to enter (permission to enter the UK granted by an immigration officer on arrival). On a proper reading, Appendix EU (Family Permit) only governs entry clearance. Leave to enter is granted at the border under Appendix EU. Someone like Ms Rexhaj, therefore, has leave ‘under this Appendix’ and qualifies for an extension without needing to show dependency. As the UT commented, the post-Brexit rules ‘do not appear to have been drafted with future (or even present) clarity in mind’. Ms Rexhaj won’t be the only person wrongly told to prove dependency after not having to do so in her first application. This decision provides welcome clarification.

Из моей статьи для англооворящих форумов: >>> How many Adult Dependent Relatives (ADR) visas are issued by the Home Office ? The answer is ... 70 a year or so. See: https://hansard.parliament.uk/commons/2021-11-03/debates/EAAE3C28-2875-45F2-8EC7-A77AF5266230/AdultDependentRelativeVisas#:~:text=According to the Home Office,why so few applicants succeed. "According to the Home Office, just 70 adult dependent relative visas were issued in 2020. The Government need, at least, to review their application process to determine just why so few applicants succeed. "

Каждый день начинается с хороших новостей для клиентов нашего Legal Centre - Private UK & EEA Immigration Lawyers and Advocates Еще 2 заявления наших клиентов были одобрены Home Office: SET(O) - Skilled Worker and the SET(M) - Spouse of a British citizen. Заявления, как всегда, рассмотрели и одобрили за 1 день через т.н. 24-hour Super Priority Service. Делюсь статистикой ежедневных одобрений заявлений клиентов.

14 July 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) >>> The SIGNIFICANT increases to the UK immigration fees has been announced: https://freemovement.org.uk/wp-content/uploads/2023/07/House_of_Commons_13_07_23_12_30_15-1.mp4 The government has announced massive increases in immigration fees and the immigration health surcharge. Abolition of some fees has also been announced. The normal rate for the immigration health surcharge will increase from £624 to £1,035 per year. This will be paid by workers entering for a period of six months or more and the family members of migrants and British citizens alike. The discounted rate for students, children and youth mobility visa holders will be increased from £470 to £776 per year. The minister announcing the measure explicitly stated that this increase “would fund the pay rise for doctors” that was announced earlier. Immigration and nationality fees will be increased as well. Work and visit visas will rise by 15%. Student visas, certificates of sponsorship, settlement, citizenship, entry clearance and leave to remain applications by “at least 20%”. Separately, the immigration minister has also announced a number of simplifications. The fee of £19.20 for biometric enrolment will be abolished, as will the £161 charge for transfer of conditions. Fees will no longer be charged for amending details on physical documents such as name, sex marker, nationality and photograph. Fees will also be abolished for like-for-like replacement of a biometric residence permit where the document has expired. This will primarily benefit those with indefinite leave to remain, whose cards have a maximum 10-year validity, with most due to expire at the end of 2024. The cost of student and priority service applications outside and inside the UK will be equalised. It is currently cheaper to apply from within the UK for several visa types. This was justified as “covering more of the cost of the migration and borders system, allowing the Home Secretary to divert more funding to police forces to fund the pay rise for the police.” You can see the current level of fees here: 14 July 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) >>> The SIGNIFICANT increases to the UK immigration fees has been announced: https://freemovement.org.uk/wp-content/uploads/2023/07/House_of_Commons_13_07_23_12_30_15-1.mp4 The government has announced massive increases in immigration fees and the immigration health surcharge. Abolition of some fees has also been announced. The normal rate for the immigration health surcharge will increase from £624 to £1,035 per year. This will be paid by workers entering for a period of six months or more and the family members of migrants and British citizens alike. The discounted rate for students, children and youth mobility visa holders will be increased from £470 to £776 per year. The minister announcing the measure explicitly stated that this increase “would fund the pay rise for doctors” that was announced earlier. Immigration and nationality fees will be increased as well. Work and visit visas will rise by 15%. Student visas, certificates of sponsorship, settlement, citizenship, entry clearance and leave to remain applications by “at least 20%”. Separately, the immigration minister has also announced a number of simplifications. The fee of £19.20 for biometric enrolment will be abolished, as will the £161 charge for transfer of conditions. Fees will no longer be charged for amending details on physical documents such as name, sex marker, nationality and photograph. Fees will also be abolished for like-for-like replacement of a biometric residence permit where the document has expired. This will primarily benefit those with indefinite leave to remain, whose cards have a maximum 10-year validity, with most due to expire at the end of 2024. The cost of student and priority service applications outside and inside the UK will be equalised. It is currently cheaper to apply from within the UK for several visa types. This was justified as “covering more of the cost of the migration and borders system, allowing the Home Secretary to divert more funding to police forces to fund the pay rise for the police.” You can see the current level of fees here: https://www.gov.uk/visa-fees NO FORMAL ANNOUNCEMENT WAS MADE ON THE TIMING OF THE INCREASES. >>> If you can make an immigration application sooner rather than later than you should do so <<< NO FORMAL ANNOUNCEMENT WAS MADE ON THE TIMING OF THE INCREASES. >>> If you can make an immigration application sooner rather than later then you should do so <<<

Еще два клиента получили продление их супружеских виз ("Appendix FM Partner"). Заявления одобрили за 3 часа. BRP карточки пришли через 2 рабочих дня с даты сдачи биометрики. Делюсь статистикой ежедневных одобрений заявлений клиентов. [VIDEO]https://legalcentre.org/files/FLRM_BRP_Appoved_July_2023.jpg[/VIDEO]

14 July 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) >>> No more free appointments on Saturday, Sopra Steria says From the Sopra Steria: "There will be changes to the distribution of free UKVCAS appointments in about 4 weeks’ time so that there will no longer be free appointments available on a Saturday, and all free appointments will instead be on Monday to Friday. The justification provided for this change was that it would introduce equity across regions because not every UKVCAS site currently operates on a Saturday, as well as consistency with UKVI’s overseas network." >>> Asylum decisions will be served by Email From the Home Office: "Regulation 7(1)(d) of the Immigration (Notices) Regulations 2003 (as amended by the Immigration (Notices) (Amendment) Regulations 2008) confirms that immigration decisions can be served electronically. As such, our default position is to serve asylum decisions via email wherever possible."

Еще одна клиента очень быстро получили британский паспорт. Делюсь статистикой ежедневных одобрений решений клиентов.

12 July 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) >>> No right to face-to-face legal advice in detention: https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/764 Immigration detainees don’t have a right to face-to-face legal advice, the Court of Appeal has held in R (on the application of SPM) v Secretary of State for the Home Department [2023] EWCA Civ 764. SPM was held at Derwentside Immigration Removal Centre in early 2022. At the time, there were no nearby firms contracted to provide initial legally aided advice there under the Detention Duty Advice Scheme. SPM could only receive such advice by telephone or videoconferencing. She argued that her detention was unlawful because of a real risk that her common law right of access to justice would be breached if she couldn’t have an in-person legal visit. SPM lost her case. Her fundamental problem was section 27 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This says that legal aid services can be provided ‘by telephone or other electronic means’, and there’s no duty to make an individual’s chosen method available. Even without that, the Court said, access to justice didn’t require face-to-face legal advice, particularly where it was initially limited to a 30-minute triage: "I am not persuaded that the lack of an option, in practice, for face-to-face meetings as part of DDAS constituted an impediment to justice or created a real risk of such an impediment. At the most, it was a less than ideal way of carrying out initial legal visits for some of the women at Derwentside for some of the time". Arrangements have changed at Derwentside; initial advice is now available face-to-face there. If and when the Illegal Migration Bill passes, however it will require a significant increase in detention capacity and, as a result, in legal visits. It remains to be seen whether the Home Office relies on SPM to justify remote-only advice on a much bigger scale.

Еще одно успешно рассмотренное заявление на продление супружеской визы с ребенком старше 21 года. Интересный момент: ребенок старше 18 лет учится за пределами Великобритании и не живет в Великобритании, приехав в этот раз только на сдачу биометрики. Тем не менее, Home Office одобрил такое заявление. Делюсь статистикой ежедневных одобрений заявлений клиентов.

04 July 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) >>> The 180-day absence rule doesn’t apply to people with a spouse or partner visa Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. The good news is that this rule doesn’t apply to spouse and partner visa holders under the Appendix FM Is there an absences limit for spouses? In short, no. Within the Immigration Rules for spouses and partners — found in the notorious Appendix FM — you won’t find a rule that says a person holding a spouse or partner visa should not be absent from the UK for a certain number of days. But this doesn’t mean that those using this route can get a visa, rarely set foot in the UK but expect to be able to settle here. So be careful with the absences, in any case. >>> Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful: https://caselaw.nationalarchives.gov.uk/uksc/2023/23 The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for refugees from Syria. The design of the scheme was therefore lawful. The case is R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23. Briefly, the UK’s resettlement scheme relied on one United Nations agency, the United Nations High Commissioner for Refugees (UNHCR), to select refugees for resettlement. This had the effect of excluding from the scheme the many Palestinian refugees living in Syria. This is because UNHCR is excluded from responsibility for Palestinians because they are the responsibility of a different United Nations agency, United Nations Relief and Works Agency for Palestine Refugees (UNRWA).