British Lawyer

Еще один пример "тихой амнистии". Гражданин Украины, приехал нелегально в Великобританию несколько лет тому назад. Живет с девушкой из Евросоюза, у них общий ребенок. Разумеется, на момент боевых действий он не был на Украине. ВСЕ НАРУШЕНИЯ БЫЛИ АККУРАТНО УКАЗАНЫ В АНКЕТЕ. Тщательно подготовили заявление (UFS) и подали его 1 апреля 2022 года. Биометрику сдали в понедельник, 4 апреля 2022 года. Заявление было одобрено сегодня, 7 апреля 2022 года. Делюсь статистикой.

06 April 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) >>> Proposed change to the lawful residence requirement for naturalisation From the Nationality Policy Team at the Home Office, regarding nationality provisions proposed in the Nationality and Borders Bill "...the new clause relates to naturalisation applications for British citizenship under sections 6(1) or 6(2) of the British Nationality Act 1981, and applications to register as a British citizen under section 4(2), all of which have requirements that the person should not The lawful residence requirement has been a cause of concern for EEA nationals who were granted indefinite leave to remain (ILR) under the EU Settlement Scheme, but had been resident here as students or self-sufficient persons without Comprehensive Sickness Insurance. As you know, the 1981 Act includes limited discretion to overlook periods of unlawful residence in the UK, and our guidance includes such persons in the examples of when we would normally expect to exercise discretion. However, that discretion can only be used in the special circumstances of a particular case and so caseworkers often need to ask for further information. Although no applications have been refused because a person did not have CSI, we are aware that our existing guidance does not give the reassurance that some EEA nationals and their family members would want. The amendment is intended to benefit all applicants and not just those who acquired ILR under the EU Settlement Scheme. It will mean the Home Secretary does not have to enquire into lawful residence at all where the applicant has ILR or indefinite leave to enter (ILE), however it was acquired. This will, of course, avoid us looking at periods of residence already considered in earlier applications. We believe the change will additionally provide the certainty which people have asked for; will end the confusion over differing requirements between EUSS and nationality; will reduce the evidence required to be supplied with an application to begin with; and will aid the processing of cases in a fair and sensible manner. You may have seen that the wording of the amendment is to “allow the Secretary of State to treat a person who has indefinite leave to enter or remain as meeting certain residence requirements”. This recognises that there may be exceptional cases when we chose not to do so. This might, for example, be in cases where new information comes to light that would have affected the original ILR/ILE decision had it been known at the time. However, this is expected to be a very rare occurrence. The good character guidance will be amended in line with this change, and so that personal immigration transgressions for those already granted ILR or ILE similarly do not lead to an application failing solely on that basis. But it is only personal immigration history which may be overlooked: issues such as criminality will still be considered. Equally, we will still be assessing the length of absences from the UK during the residential qualifying period. We will, of course, update guidance and application forms to reflect the change of approach in due course, and hope to be able to share our draft guidance on the new routes with you following Royal Assent."

Сегодня Еще 2 клиента Legal Centre с Украины получили положительные решения сегодня. Это были заявления на Ukrainian Family Scheme (UFS) и получение британского гражданства. Заявление на Ukrainian Family Scheme (UFS) рассмотрели и одобрили за 3 недели, а заявление на гражданство - за 2 месяца. Делюсь статистикой.

05 April 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) >>> Seasonal Workers must now be paid at Skilled Worker rates: https://www.gov.uk/.../workers-and-temporary-workers... At the moment, everyone on a Seasonal Worker visa must be paid minimum wage. That means £9.50 an hour for people over 23 (the “National Living Wage”), a bit less for 21-22 year olds, and £6.83 for those aged 18 to 20. From 6 April 2022, they must instead be paid at Skilled Worker rates. Official guidance says: "For any worker you sponsor on the Seasonal Worker route who will be making their application for entry clearance on or after 6 April 2022, you must confirm the applicant will be paid at least £10.10 for each hour they work." >>> Home Office agrees to reconsider landmark Ukraine asylum case: https://www.bailii.org/uk/cases/UKUT/IAC/2020/314.html The Home Office has agreed to withdraw its decision to refuse asylum to a Ukrainian man who evaded the military draft, meaning that an appeal from the country guidance decision of PK and OS (basic rules of human conduct) Ukraine CG [2020] UKUT 314 will no longer be heard by the Court of Appeal. What does this mean for others? It means that the decision in PK & OS has not been overturned by the Court of Appeal. However, those now claiming asylum on the basis of draft evasion may well be able to show that the factual background has changed: in particular, that there is no longer any sensible distinction between a conflict zone and a non-conflict zone, or over who is summoned to the military. In light of that, PK & OS may be helpful for what it says about the conduct of the conflict and association with unlawful acts. For fresh claimants, as well as for those awaiting a decision at the First-tier or Upper Tribunal, any decision will have to be made in accordance with the situation as it is when the appeal is heard, not at the point of application. The current situation can therefore be taken into account even if the application was made before the invasion. The Home Office has now withdrawn all its Ukraine country policy and information notes, so it will be particularly important for Ukrainian asylum seekers to put in relevant background evidence and seek permission to amend their grounds of appeal where necessary.

05 April 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 to the Immigration Rules: HC 1220 Ukraine Family Scheme An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date. An applicant for permission to stay must be in the UK and either have permission; or have had permission immediately before 1 January 2022 which has since expired, but permission as a visitor granted after 18 March 2022 DOES NOT COUNT as permission for the purpose of this requirement. The applicant must be the family member (as defined) of a UK-based sponsor who is a British citizen; a person who is settled in the UK; a person in the UK with limited permission as a refugee or person granted humanitarian protection; or “an EEA national in the UK with limited permission granted under paragraph EU3 of Appendix EU on the basis of meeting condition 1 in paragraph EU14 of that Appendix (that is with pre-settled status granted under the EU Settlement Scheme on the basis they were living in the UK before 2300 GMT on 31 December 2020)”. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the UK-based sponsor or extended family member which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner. The applicant must be either: a Ukrainian national; or part of a family group (as defined) which includes an immediate family member, who is a Ukrainian national, of the UK-based sponsor who would qualify under the scheme (whether or not applying at the same time as the applicant). Grants of permission under the Ukraine Family Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study, subject to the ATAS condition in Appendix ATAS. The Explanatory Memorandum states: "People applying for entry clearance who have a valid Ukrainian passport will be able to start their application overseas, be permitted to travel to the UK and granted 6 months’ leave to enter at the UK border, and then complete their application in the UK by providing biometrics in the UK so they can be granted up to the full 36 months." Although it opened on 4 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022. Homes for Ukraine Sponsorship Scheme An applicant must have an Approved sponsor under the Homes for Ukraine Sponsorship Scheme. An applicant for entry clearance must be outside the UK on the date of application. Unless the applicant is applying with, or to join in the UK, a parent or legal guardian, the applicant must be aged 18 or over on the date of application Where a family group is applying under the Homes for Ukraine Sponsorship Scheme, the Ukrainian national and their immediate family members (as described in UKR 18.1.) must have the same Approved sponsor under the Homes for Ukraine Sponsorship Scheme. An applicant for entry clearance must have been ordinarily resident in Ukraine immediately before 1 January 2022, unless they are a child born on or after that date. The applicant must be either: a Ukrainian national; or part of an immediate family group (meaning the group set out in UKR 18.1.) which includes an immediate family member who is a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme. If the applicant is not a Ukrainian national, they must be the immediate family member of a Ukrainian national who qualifies under the Homes for Ukraine Sponsorship Scheme, meaning a: (a) partner of the Ukrainian national; or (b) child aged under 18 on the date of application of the Ukrainian national or of their partner; or (c) parent of a Ukrainian national child aged under 18 (where the child is applying under the Homes for Ukraine Sponsorship Scheme); or (d) fiancé(e) or proposed civil partner of the Ukrainian national. An applicant applying as a partner, fiancé(e) or proposed civil partner must be in a genuine and subsisting relationship with the Ukrainian national which commenced before 1 January 2022. An applicant who is applying as a partner must meet the requirements in Appendix Relationship with Partner. Grants of permission under the Homes for Ukraine Sponsorship Scheme will be for a period of up to 36 months. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS. Although it opened on 18 March 2022, outside of the Rules, the scheme in the Rules will come into effect on 30 March 2022. Ukraine Extension Scheme The requirements for permission to stay include that the applicant must be in the UK. The applicant must have had permission to enter or stay in the UK on 18 March 2022, unless they were in the UK with permission to enter or stay immediately before 1 January but that permission has since expired; or they are a child born in the UK after 18 March 2022. The Rules DO NOT state permission as a visitor does not count as permission for the purpose of this requirement. Applicants must be either a Ukrainian national, a person who has or last had permission as a partner or child of a Ukrainian national, or a child of a Ukrainian national born in the UK after 18 March 2022. An applicant who is a partner must meet the requirements in Appendix Relationship with Partner. A child born in the UK must provide a full UK birth certificate. Grants of permission to stay under the Ukraine Extension Scheme will be for whatever is the shorter of either 36 months or a period which would mean the applicant has been granted a maximum of 36 months under the Ukraine Scheme. They will permit access to public funds, work, and study subject to the ATAS condition in Appendix ATAS. The Statement provides that "The changes in relation to the Ukraine Extension Scheme will come into effect on 3 May 2022". Appendix Relationship with Partner The Explanatory Memorandum provides: "We are bringing forward the introduction of a new cross-cutting Appendix that will include the requirements on how to show a relationship with a partner. Initially, this Appendix will apply only to proof of relationship with a partner under the Ukraine Schemes, but on 20 June 2022 it will apply to Appendix Settlement Family Life, which commences on that date. In future it will be extended to other routes to apply consistent requirements." "Minor policy or technical changes to the Rules" In addition to changes to the Introduction (including definitions for the Ukraine Schemes), Part 1, Part 9, and Appendix AR “to clarify that applicants under the Ukraine Schemes will not have a right of administrative review”, paragraph 6.2 of the Introduction is being amended to exempt payments under the Energy Rebate Scheme 2022 from being classed as a public fund if distributed by Local Authorities under Section 1 of the Localism Act 2011. Please see pages 14 to 18 of this Statement of Changes for the changes to the previous Statement of Changes in Immigration Rules (HC 1118).

Еще 10 клиентов Legal Centre получили визы по категориям Ukrainian Family Scheme (UFS) и Home for Ukraine (H4U). Заявления рассмотрели за 4-7 дней. Делюсь статистикой Legal Centre по этим заявлениям.

Еще один клиент получил BRP карточку по Ukrainian Family Scheme (UFS). Клиент подал заявление и получил одобрение находясь в Великобритании по гостевой визе. Заявление рассмотрели за 4 дня. Вот как выглядит BRP по UFS: Делюсь нашей статистикой.

Ukraine Family Scheme: application data 27 March 2022: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-application-data-27-march-2022 The Ukraine Family Scheme allows applicants to join family members or extend their stay in the UK. As at 5pm on 27 March 2022: Total applications opened: 76,200 Total applications submitted: 37,400 of which, appointments made at a visa application centre: 12,500 Total applications confirmed for processing: 29,700 of which, outstanding applications to be processed: 5,100 Total visas issued: 21,600

Из недавнего (не успеваю все публиковать), приоритет - работа с клиентами. Сейчас эти решения по UFS уже статистика. Рассмотрели в течение недели: Сейчас приходят решения и кто подавал через биометрику, и кто подавал без, и в промежуток между.

Обычно нет.

Виз для беженцев нет. Есть Homes for Ukraine: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme

Homes for Ukraine E-visa. Клиент получил за 5 дней. Делюсь статистикой.

Вот как выглядит Home for Ukraine E-visa: Очередной клиент получил за 5 дней. Делюсь статистикой.

THE UKRAINIAN SPONSORSHIP SCHEME (HOMES FOR UKRAINE) IS NOW OPEN AND IS ACCEPTING APPLICATIONS See https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme

Сегодня. Заявление семьи клиентов (3 человека) с Украины по категории Tier 1 (Entrepreneur), подача на ПМЖ (ILR). Рассмотрели и одобрили за 2 недели. Делюсь статистикой.

Классика по четвергам. Жена британца, заявление на ПМЖ (ILR). Рассмотрели и одобрили за несколько часов. Заявление SET(M). Делюсь статистикой.

17 March 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 wrongly insisted on Comprehensive Sickness Insurance for years, EU court finds: https://curia.europa.eu/juris/document/document.jsf?text=&docid=255423&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=233107 Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C 247/20 VI v Her Majesty’s Revenue and Customs.

16 March 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) >>> BIG IMPORTANT CHANGES in the UK Immigration Rules: Statement of Changes to the Immigration Rules: HC 1118 (15 March 2022) See full details at https://questions-statements.parliament.uk/written-statements/detail/2022-03-15/hcws680 The changes shall take effect on various dates, including 6 April 2022, at 09:00 on 11 April 2022, 09:00 on 30 May 2022, 20 June 2022, and 22 August 2022. MOST IMPORTANT CHANGES 1. The introduction of the new Global Business Mobility routes • Graduate Trainee, replacing the Intra-Company Graduate Trainee route; • Secondment Worker, a new route for "overseas workers who are undertaking temporary work assignments in the UK, where the worker is being seconded to the UK as part of a high value contract or investment by their employer overseas"; • Senior or Specialist Worker, replacing the Intra-Company Transfer route; • Service Supplier, replacing the contractual service supplier and independent professional provisions in the Temporary Worker - International Agreement route; • UK Expansion Worker, replacing the Sole Representative provisions in the Representative of an Overseas Business route. 2. Amendment to Appendix Representative of an Overseas Business to remove provision for Sole Representatives to make initial applications (Media Representatives can continue to make initial applications and both Media and Sole Representatives can continue to make extension and settlement applications). 3. The introduction of the new Appendix High Potential Individual (HPI) route, which will allow graduates from non-UK universities listed as top 50 on at least two ranking systems (the Times Higher Education World University Rankings, the Quacquarelli Symonds World University Rankings, or The Academic Ranking of World Universities) to come unsponsored for two years if they hold a qualification awarded in the five years prior to the date of application that is equivalent to a UK Bachelor’s or Master’s level degree, or three years if they hold a qualification equivalent to a UK PhD. 4. The introduction of a new Appendix Scale-up, which follows the commitment in the Plan for Growth an elite points-based route to attract the brightest and best to the UK to maintain our status as a leading international hub for emerging technologies”. The Explanatory Memorandum provides that to “To register for this route, a company will need to demonstrate that they have an annualised growth of at least 20% for the previous 3-year period in terms of turnover or staffing. Companies will also need to have had a minimum of 10 employees at the start of this 3-year period.” Once a scale-up has an A-rated licence, they can issue a CoS and sponsor migrants for 6 months in occupations skilled to at least RQF level 6, with a salary that is equal to or exceeds: £33,000 per year, the going rate for the occupation code, and £10.58 per hour. There is no immigration skills charge. Migrants will be granted entry clearance or permission to stay for 2 years initially. Scale-up workers can switch to different sponsored roles in the first 6 months. After 6 months, they do not need to be sponsored, but to extend for three years they must have had monthly PAYE earnings in the UK of at least £33,000 per year during at least 50% of their permission as a Scale-up Worker. To settle, they must have earned this during at least 24 months of the 3 years immediately before the date of application. 5. Introduction of the new Appendix Settlement Family Life, new Appendix Private Life, and a new Appendix Relationship with a Partner: • Appendix Settlement Family Life seeks to simplify the settlement rules for those with permission as a partner or parent under Appendix FM and who are eligible to settle in the UK after a qualifying period of 10 years. It permits different periods of leave as a partner, parent, on a private life route, or with leave outside the Rules to be combined without resetting the clock. Leave on other routes can be counted if a person did not enter illegally, and had permission as a partner or parent under Appendix FM for at least one year. Persons with leave as parents of a child under Appendix FM can also settle once their child has turned 18. However, note the introduction of continuous residence requirements and amendments to Appendix Continuous Residence. • Appendix Private Life will replace paragraph 276ADE(1). New requirements mean children resident for 7 years whom it would not be reasonable to expect to leave the UK, and young adults under the age of 25 who have spent at least half their life continuously resident in the UK can be eligible to settlement after 5 years, bringing the concession on early settlement introduced on 20 October 2021 into the Rules. There are also requirements for private life grants to adults continuously resident in the UK for more than 20 years, and those resident for less than 20 years if there would be very significant obstacles to the applicant’s integration into the country where they would have to live if required to leave the UK. Applicants can be granted either 30 or 60 months' leave. • Both Appendix Settlement Family Life and Appendix Private Life introduce new stricter validity requirements (as paragraph 34 will not apply) and mandatory suitability requirements (which go beyond the suitability criteria in Appendix FM). • Appendix Relationship with a Partner is described in the Explanatory Memorandum as: “a new cross-cutting Appendix that will include the requirements to show a relationship with a partner. Initially this Appendix will apply only to proof of relationship with a partner under Appendix Settlement Family Life, but in future it will be extended to other routes to apply consistent requirements”. 6. Changes to the EU Settlement Scheme (EUSS) and EUSS family permit, including: • Provisions in the Rules for variation of applications where a valid application has been made but not yet decided under Appendix EU; • Adjustments to suitability requirements; • "To bring within the Rules the current concession arrangements for an EUSS family permit to be issued in place of an EEA family permit (and relied upon in a subsequent EUSS application) where an EEA family permit would have been issued (including on appeal) to a dependent relative extended family member, or a person with a derivative right to reside, had the route not closed after 30 June 2021", and to allow those arriving to start their qualifying period of continuous residence in the UK after the end of the transition period; • "To bring within the Rules the current concession arrangements for an appropriate letter to be issued by the Secretary of State in place of an EEA residence card (and relied upon in a subsequent EUSS application) where an EEA residence card would have been issued (including on appeal) to an extended family member had the route not closed after 30 June 2021." • To enable ‘Lounes’ dual nationals "to sponsor relevant family members under the EUSS and the EUSS family permit notwithstanding the fact that they acquired British citizenship without having met free movement requirements to have held comprehensive sickness insurance in the UK as a student or self-sufficient person". 7. Changes to Appendix Student, Appendix Short-term Student and Appendix Graduate, including but not limited to changes in relation to work conditions, financial requirements, work placement requirements, and academic progression for students. 8. Changes to Appendix Continuous Residence in relation to absences. It will apply to Appendix Scale-up, Appendix Private Life (settlement only) and Appendix Settlement Family Life. • Under CR 2.5 transitional measures are in place: "Absences before 20 June 2022 will not be counted when calculating the continuous residence period for settlement applications under Appendix Settlement Family Life if the applicant was subsequently granted permission as a partner or parent under Appendix FM or under paragraph 276ADE or 276BE(2), following those absences"; and • For an applicant under Appendix Settlement Family Life, under CR 2.3(g) "absences for work, study or supporting family overseas, so long as the family have throughout the period of absence maintained a family life in the UK and the UK remained their place of permanent residence" will not count towards the180 day limit.

На днях. Заявление мамы и ребенка, граждане Украины. Тип заявления FLR(M). Рассмотрели за 1 день. Делюсь статистикой.

Первые клиенты уже прибыли в Великобританию по схеме Ukrainian Family Scheme. Вот как выглядят визы по программе Ukrainian Family Scheme (UFS).

Первые клиенты уже прибыли в Великобританию по схеме Ukrainian Family Scheme. Вот как выглядят визы по программе Ukrainian Family Scheme (UFS).

Homes for Ukraine : https://homesforukraine.campaign.gov.uk/ From 18 March 2022 "How this works This bespoke scheme will offer a route to those who want to come to the UK who have someone here willing to provide them with a home. It will enable individuals, charities, community groups and businesses to volunteer accommodation and provide a route to safety for Ukrainians, and their immediate family members, forced to escape their homeland. Sponsors should provide accommodation for as long as they are able, but we have a minimum expectation of 6 months."

Украинцы, кто находятся в Великобритании c ПРОСРОЧЕННЫМИ ВИЗАМИ, могут переключиться на Ukrainian Family Scheme (UFS). Официальный источник: UFS Guidance, стр. 9: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1060447/ukraine-scheme-guidance.pdf

Еще одна клиентка Legal Centre с Украины получила положительное решение по визе Ukrainian Family Scheme (UFS). Заявление рассмотрели за пару дней. Делюсь статистикой.

Еще одна клиентка Legal Centre с Украины получила положительное решение по визе Ukrainian Family Scheme (UFS). Заявление рассмотрели за пару дней. Делюсь статистикой.