British Lawyer

Еще один клиент стал британцем. Заявление по натурализации (AN) рассмотрели в стандартные сроки. Делюсь статистикой.

26 October 2022 – 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 HC 719: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1111631/E02806323_-_Immigration_Rules_changes_-_HC_719__Web_Accessible_.pdf The new Statement of Changes, published on 18 October 2022, has introduced yet another appendix to the Immigration Rules: Appendix Temporary Permission to Stay for Victims of Human Trafficking or Slavery. The new appendix will be added on 30 January 2023. No initial application required Looking at the appendix, one may notice that it only caters for extension applications. This is because individuals who fall within scope of the appendix are not required to make an application for temporary leave to remain. There is already a support system in place in the UK for victims of trafficking. It includes policy on referrals for potential victims of trafficking, and making reasonable and conclusive grounds decisions on whether an individual has in fact been a victim of trafficking or exploitation. From January, individuals will automatically be considered under this new route by the Secretary of State, upon receiving a positive conclusive grounds decision. The route essentially adds to the rules the current policy of providing a temporary grant of leave to an individual found to be a victim of trafficking, even where they already have an asylum claim being considered. This falls in line with the High Court’s decision in R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin). This, in theory, means that every person who receives a positive conclusive grounds decision should be considered under this appendix where they are not a British citizen and do not have an alternative and more favourable immigration permission.

Еще одна семья из 3-х человек получила ПМЖ по рабочей (Skilled Workers - SETO) категории. Заявления одобрили за 4 дня. Делюсь статистикой.

Еще один британский работодатель получил спонсорский сертификат для наема иностранного работника. Номер лицензии был выдан за 1 день. Делюсь статистикой ежедневных заявлений клиентов нашего Legal Centre.

Еще 2 клиента получили новые BRP карточки как члены семьи лица с рабочей визой. Заявления рассмотрели за 5 дней. Делюсь статистикой ежедневных одобрений заявлений.

21 October 2022 – 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) >>> Visa processing times UK Visas and Immigration (UKVI) are currently experiencing high global demand meaning in some cases, it may take longer to process visa applications. The customer service standard on standard visa processing times for out of country applications is generally 3 weeks. Visit visas are taking an average of 7 weeks and we are working hard to get back to the 3 week service standard. Applications for family visas remains at 24 weeks. The processing times can change on a weekly basis. The processing times are a global average, and we recognise that timescales may vary from region to region. Information will be provided throughout the customer visa journey. >>> Ukrainian support The Home Office continues to support Ukrainian nationals and their family members. We are working at pace to process visa applications as quickly as possible. Keep checking the UK visa support for Ukrainian Nationals GOV.UK page for information and updates across the schemes. Due to volatile situation, the Kyiv visa application centre has closed for passport pass back. Reopening will be kept under review. Eligibility for the Ukraine Extension Scheme has now been extended to allow those who have and continue to arrive after 18 March 2022, until 16 May 2023, to apply. See Apply to stay in the UK under the Ukraine Extension Scheme - GOV.UK (www.gov.uk) for more details. The latest operational data on the number of applications to come to or stay in the UK is available on the Ukraine Family Scheme and Ukraine Sponsorship Scheme (Homes for Ukraine) GOV.UK page. >>> UKVI Digital BRP letters As part of ongoing improvements to the customer journey, UK Visas & Immigration (UKVI) has streamlined parts of the Biometric Residence Permit (BRP) process for customers applying for certain visas with a duration of more than 6 months. From 10 October 2022 Biometric Residence Permit (BRP) letters are now issued via email. Physical letters will no longer provided at the VAC. Customers are reminded to use their own personal, up-to-date email address, or one that they have easy access to, when completing their visa application. Customers will still need to collect their BRP card once they arrive in the UK. Information on Biometric residence permits (BRPs) can be found on GOV.UK

20 October 2022 – 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) >>> Not so good news for appellants seeking to rely upon witness evidence by video from abroad It is not surprising that a tribunal that is concerned with immigration matters should receive applications that witnesses should be permitted to give evidence from abroad by video. Appellants already faced procedural obstacles to the admission of that evidence, which requires the consent of the foreign government. Refusals to grant such permission from oppressive regimes always seemed likely. But I confess that I had never imagined that developed, democratic countries would take such a stance. Sadly, it seems that was overly optimistic and the German government, at least, will not consent, as the following extract from Andrew Evans v R&V Allgemeine Verisherung AG [2022] EWHC 2436 (QB) makes clear: “[5]… On the morning of the second day it became apparent that the witnesses were not present and as such a formal application was made by counsel for the defendant to hear their evidence by video. It became clear as set out in my earlier judgment on this matter that the foreign office had indicated that they had a diplomatic objection to that; the German government had stated that they would not allow German nationals to give evidence by video in courts of foreign jurisdictions. As such the foreign office says (in an email that was read to me by counsel) that they too objected. Nevertheless, an application was made for me to ignore the diplomatic objection and hear such evidence. I refused that application.” Quite why Germany should take that position, which seems likely to disadvantage its own nationals in immigration appeals in the United Kingdom, is unclear.

Еще один клиент получил продление студенческой визы. Заявление рассмотрели за 1 день. Делюсь статистикой ежедневных одобрений заявлений клиентов Legal Centre.

Еще одна клиента получила новую BRP карточку по категории Skilled Worker. Новая BRP карточка пришла через 7 дней после получения одобрения заявления клиентки. Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre.

Еще один клиент получил продление по категории "Skilled Worker PBS Dependent". Заявление одобрили за 4 дня. Делюсь статистикой ежедневных одобрений заявлений клиентов Legal Centre.

Приветствую. Практически лучше на "гуманитарную визу" (Ukainian Family Scheme - UFS). Она бесплатная, на 3 года, можно работать и жить, если необходимо.

Еще один клиент Legal Centre получил рабочую визу. Заявление одобрили за 1 день. Делюсь статистикой.

Сегодня 4 клиента из США получили продление их рабочих виз. Заявления были рассмотрены и одобрены за 5 дней. Делюсь статистикой ежедневных одобрений заявлений клиентов Legal Centre.

Еще один клиент Legal Centre получил супружескую визу (FLRM, Appendix FM Partner). Заявление рассмотрели за 1 день. Делюсь ежедневной статистикой одобрений заявлений клиентов нашего Legal Centre.

Еще одна клиентка получила продление ее супружеской визы по категории "ПМЖ через 5 лет". Это был не простой случай. У клиентки практически не было финансовых документов и документов, доказывающих совместное проживание. Тем не менее заявление было одобрено за 24 часа. Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre.

08 October 2022 – 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) >>> Applicants from Afghanistan may not need to enrol biometrics at the time of an application: https://www.bailii.org/ew/cases/EWHC/Admin/2022/2473.html The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin).

Еще одна студентка выиграла апелляцию и теперь сможет получить резидентский финансовый студенческий заем для обучения в Великобритании.

28 September 2022 – 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) >>> Upcoming changes to the Innovator visa route From the Home Office conference on the Economic Migration "The changes reform and expand the Innovator route to make provision for overseas nationals seeking entry for the purpose of establishing an innovative business (now referred to as Innovator Founders), and overseas nationals seeking entry for the purpose of professionally investing in innovative businesses in the UK (now referred to as Innovator Business Angels) The changes remove the £50K minimum funds requirement currently applied to those coming to establish an innovative business in order to make more flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it. The changes relax existing restrictions on Innovator migrants engaging in employment outside the running of their business, provided such secondary employment is in skilled roles (i.e., at least skilled to RQF Level 3). The changes introduce new provision for Innovator Business Angels, which are intended to offer a route of entry and stay for experienced professional investors who intend to invest in innovative businesses in the UK. They will need to be assessed by an approved endorsing body and demonstrate that they: a) are of good conduct as fit and proper business persons that have appropriate experience, whether as the founder of an innovative business overseas or as a professional investor in such businesses overseas; b) have an investment plan that will deliver investment in innovative businesses in the UK as well meeting criteria for regional impact and job creation; c) meet funding requirements which require the applicant to have £5m of their own funds and obtained from their own economic endeavours which have already been deposited in an account with a Financial Conduct Authority-regulated financial institution and have been subjected to relevant due diligence checks and know your customer checks in advance of the overseas national applying for an endorsement. These changes specify that successful applicants under the arrangements for Innovator Business Angels will be required to be active as an investor on a day-to-day-basis and to have invested at least £2m in innovative businesses within 1 year of entry under these arrangements, and their progress in implementing their investment plan will be monitored through checkpoints administered by the endorsing bodies at 12 and 24 months. These changes specify that settlement for Innovator Business Angels after 3 years will require the applicant to have invested at least £5m in line with their investment plan; to demonstrate that their investments have led to the creation of 20 full-time jobs; and to meet other specified criteria relating to economic performance of the businesses they have invested in. These changes close the Start-up route to new initial applications, except where they are supported by endorsements issued before [entry into force date]. With the removal of the £50K minimum funds requirement for Innovator Founders under the Innovator route, is no longer necessary to retain a separate route for start-up entrepreneurs that do not have access to this level of funds. Endorsement is STILL REQUIRED Investments can be obtained from the Endorsing Body

Еще одна семья из 3-х человек с Украины получили разрешение на въезд в Великобританию по категории Homes for Ukraine (H4U). Заявления одобрили за 7 дней. Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre. Присоединяйтесь (С)

Еще один зарубежный клиент получил т.н. Global Talent Endorsement. Заявление рассмотрели за несколько недель. Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre.

22 September 2022 – 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 residence cards: https://www.gov.uk/uk-residence-card/replace Guidance on how to replace or amend your BRP/BRC card >>> 10 years continuous lawful residence important notice: https://www.gov.uk/government/publications/long-residence From the Home Office Guidance: "Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10-year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10-year period that they may have relied on in a previous application or grant." For example, if the applicant had ILR and resided in the UK for 10 years, and then left the UK for 2+ years and thus de-facto lost their ILR, the applicant then can enter the UK on other immigration route and apply for ILR on the Long Residence bases again.

21 September 2022 – 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) >>> From the Home Office – ILPA conference on 21 September 2022 – UPCOMING HIGHLIGHTS/HOME OFFICE DRAFT CHANGES: ⦁ The 90 days Entry Clearance vignettes will stay (was 30 days pre-COVID) ⦁ !!! Russian and Belorussian applicants wishing to come to the UK will get more checks during their applications !!! ⦁ !!! Applicants may be permitted to travel while their applications or appeals are pending !!! – TO BE CONFIRMED BY THE HOME ⦁ !!! Separate Appendix FP Parent route to be introduced, being derived from the Appendix FM. Applicants without valid passports may fail the validity requirement and their applications may be rejected. Parents without immigration leave or on bails or as a visitor or previously had the visitor visa are likely to FAIL the suitability requirement. And the parents of the children, who may regularize their status (7-Year Rule), may not be able to get their own status sorted !!! ⦁ !!! Paragraphs EX1. and GEN. 3.2 are gone from the draft Rule changes (would otherwise allow irregular migrants, who are in a relationship with the British child/Partner tp to regularize their status in the UK) !!!! ⦁ “Half-life test” to be scrapped and incorporate not reasonable test as to why those migrants cannot leave the UK – TO BE CONFIRMED BY THE HOME OFFICE ⦁ Regularization of the young adults. The Home Office is proposing the possible Rule change for the 18 or just over migrants who had arrived by the age of 10 - they may get ILR under the 7 or 9- or 10-year Residence Test Rule – TO BE CONFIRMED BY THE HOME OFFICE ⦁ FLR applications must be submitted within 10 working days from the Fee Waiver application submission date

21 September 2022 – 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) >>> Guidance update: good character in nationality applications: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1103595/Nationality_policy_-_good_character.pdf The Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by section 12 with additional regard to refugees). Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding. Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement. The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry. To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply: - The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022; - The person holds indefinite leave to enter or remain; and - No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision. It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to: - Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal - Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate - Applications to naturalise as a British overseas territory citizen Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered. Other changes to the guidance A section on travel bans has been introduced, presumably in light of ever-changing international tension. Under section 8B of the Immigration Act 1971 a person who is the subject of a travel ban must be refused entry clearance and if the individual is already in the country, any permission they have must be cancelled. A person who is the subject of a travel ban will not normally be of good character. The guidance states that a fine imposed under the coronavirus regulations counts as a fixed penalty notice. And finally, there is clarification that “pending prosecutions” includes where a person is under investigation but has not yet been charged with an offence. Citizenship will not normally be granted to a person who has a pending prosecution, and the application will remain on hold (unless there are other grounds to refuse the application straight away).

Еще один ребенок украинцев без иммиграционного статуса в Великобритании был зарегистрирован британским гражданином и получил британский паспорт. Заявление одобрили за 2 месяца. Делюсь статистикой ежедневных одобрений заявлений клиентов нашего Legal Centre.

19 September 2022 – 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) >>> New concession added to the Ukraine Extension Scheme: https://www.gov.uk/guidance/apply-to-stay-in-the-uk-under-the-ukraine-extension-scheme A new concession has been added to the Ukraine Extension Scheme. The OLD rules require prospective applicants to have held permission to be in the United Kingdom that expired on or after 1 January 2022, or to have held permission to be in the country on 18 March 2022. Children born in the United Kingdom to a parent who meets the rules are also eligible to apply for the scheme. The NEW concession now allows anyone that has held permission to be in the country for any length of time between 18 March 2022 and 16 May 2023 to apply for the scheme as well. This will be of assistance to Ukrainian nationals and their immediate family members who continued to arrive in the United Kingdom with valid leave after 18 March 2022. In particular, Ukrainians on extended seasonal Tier 5 worker visas until December 2023 could consider switching into the Extension Scheme if they meet the eligibility criteria, meaning they can stay in the United Kingdom (with their families) for up to three years. The scheme remains free to apply for, and there are also no immigration health surcharges or biometric appointment fees. Permission to stay in the country cannot currently be extended beyond three years, and it does not lead to settlement.