British Lawyer

Возможно, куму-то пригодится: "Безвизовый въезд в Великобританию на работу для умеющих стричь овец" 14 October 2021 – 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) >>> You can come to the UK to work for a certain period with no visa is you are a sheep shearer: https://www.gov.uk/government/publications/concession-for-temporary-employment-as-sheep-shearers-wrk26/concession-for-temporary-employment-as-sheep-shearers-wrk26--2 Non-visa national shearers can turn up at the border and be allowed in for three months during shearing season. Namely, from 1 April 2013, a non-visa national can apply as a seasonal concession to work as a sheep shearer in the UK. This concession will allow entry from 1 April to 30 June for this purpose.

13 October 2021 – 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) >>> Home Office Letter Re: Rights of EU Settlement Scheme Applicants with a Pending Application From the Home Office: "The Home Office have recently noted a large number of queries relating to the rights of EUSS applicants; in particular, whether ‘late’ applicants hold the right to study in the UK whilst their application is pending. Please find the following information which will hopefully address some of these queries: Applicants who applied by 30 June 2021: EEA citizens and their family members, who were resident in the UK by the end of the transition period on 31 December 2020 and who applied by 30 June 2021 to the EU Settlement Scheme, are advised not to travel outside the UK/to the UK until they are in possession of a Certificate of Application, confirming they have made a valid in-time application to the scheme. If travel before then is necessary, they may experience delays at the border whilst their application is confirmed. In such cases, where it can be confirmed that the pending application has been made by an EEA citizen or their family member, who was resident in the UK by the end of the transition period on 31 December 2020, they will be admitted. Applicants who applied by the deadline of 30 June 2021 have their rights in the UK protected pending the outcome of the application and any appeal, by the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020: https://www.legislation.gov.uk/ukdsi/2020/9780348212204 Applicants who applied after 30 June 2021: EEA citizens and their family members, who were resident in the UK by the end of the transition period on 31 December 2020 and who applied to the EU Settlement Scheme after the 30 June 2021 deadline, must not travel outside the UK/to the UK until they are in possession of a Certificate of Application, confirming they have made a valid application to the scheme. They may also be asked to provide evidence they were resident in the UK by the end of the transition period on 31 December 2020 in order to be admitted. Applicants who apply after the deadline of 30 June 2021 also have their rights in the UK protected pending the outcome of the application and any appeal. They require a Certificate of Application to prove those rights whilst their application and any appeal are pending. A Certificate of Application is issued as soon as an application is valid in accordance with paragraph EU9 of the Immigration Rules for the EUSS in Appendix EU. Applicants who have a digital Certificate of Application can log into the online View and Prove service using their UKVI account, and generate a share code to prove their rights. This includes share codes for the right to work, study or rent and other purposes. In the case of ‘late’ applicants, they are unable to prove their right to study in the UK without their Certificate of Application. As such, this document is required before a ‘late’ EUSS applicant can be enrolled on a course. "

Еще один ребенок из Казахстана стал британским гражданином. Как всегда, решение по заявлениям детей о регистрации их британскими гражданами приходит по почте (с задержкой в 2-3 недели). Суммарно заявление со дня подачи рассмотрели за 3.5 месяца. Делюсь статистикой.

Продолжается "детская неделя - дети клиентов становятся британскими гражданами. Заявление клиента (ребенок, Белорусь) по регистрации британским гражданином (MN1). Заявление рассмотрели за 3 месяца. Делюсь статистикой.

Добрый день, Приятно, что мои updated читают :-) Да, все правильно. ВАЖНОЕ изменение в параграфе Правил 34K, цитируя Вас, "НЕ касается тех, у кого уже есть ILR и отправленная заявка на гражданство?"

Пожалуйста. Буду рад помочь Вам :-) Благодарю за теплые слова. Я был рад помочь Вам :-)

Заявление клиента (ребенок, РФ) по регистрации британским гражданином (MN1). Заявление рассмотрели за 4 месяца. Делюсь статистикой.

Вчера Еще 2 клиента Legal Centre с Украины получили продление их иммиграционного статуса как жена и ребенок старше 18 лет (члены семьи британского гражданина). До этого клиенты попробовали подать заявление на въезд в Великобританию и получили отказ. Клиентам пришлось подавать апелляцию для того, чтобы добиться права приехать в Великобританию на ПМЖ с их британским спонсором. Обратите внимание, что британский спонсор получает разрешенные бенефиты (т.е. заявление было построено на принципе "Adequate maintenance"). Кроме того, ребенку заявителя на момент продления их иммиграционного статуса уже исполнилось 19 лет. Поэтому нужно было еще дополнительно доказывать, что "ребенок старше 18 лет" все еще зависим от его родителей. Заявление рассмотрели за 3 недели несмотря на то, что заявление подавалось неускоренным путем. Делюсь статистикой.

08 October 2021 – 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) >>> Can I leave the UK after submitting my immigration application to the Home Office at all ? The answer is "No", under the Para 34K of the UK Immigration Rules: "34K. Where a decision on an application for permission to stay has not been made and the applicant travels outside the common travel area their application will be treated as withdrawn on the date the applicant left the common travel area."

Нет, не нужно. Имеется в виду те, которые загружаются как .pdf файлы, а не копии с экрана. Приветствую, - Нужно резать и возвращать старый BRP - Для ILR будет нужен только новый (у UK BA есть все данные про Вас).

Очередная клиентка из России стала британской гражданкой: Заявление рассмотрели за 2.5 месяца. Делюсь статистикой.

06 October 2021 – 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) >>> Immigration Rule PA 7: short-term work on a visit visa is now possible Legal route to employ foreign nationals in the UK without the Home Office sponsorship license For some UK businesses, rather than investing in a Home Office sponsor licence (fees of ££££), the solution may in fact lie in the UK’s visit visa rules. That starting point is, however, qualified by the permitted activities for visitors, some of which are work-related. Hidden deep in the permitted activities is a seldom-used rule called PA 7. It permits an employee of a foreign manufacturer or supplier of goods to work in the UK on a standard visit visa in order to fulfil a contract of purchase, supply or lease. But the way the rule was drafted up to now, it only helped if there was a two-party relationship. What if specialist labour for installation is supplied by a third party? As of 6 October 2021, PA 7 has been amended. It now reads as follows: "An employee of an overseas company may install, dismantle, repair, service or advise on machinery, equipment, computer software or hardware (or train UK based workers to provide these services) where there is a contract of purchase, supply or lease with a UK company or organisation and either: (a) the overseas company is the manufacturer or supplier; or (b) the overseas company is part of a contractual arrangement for after sales services agreed at the time of the sale or lease, including in a warranty or other service contract incidental to the sale or lease." The addition of part (b) expressly opens up work on a visit visa to three-way contracts where one foreign company manufactures or supplies the goods or equipment, and a separate foreign company provides the specialist labour to install it. To take advantage of this, the third party installer must specifically be written into the contract for after-sales service agreed at the time of sale. Example AAAAA GmbH is a German company that manufactures warehouses. A Greek company, BBBBB AE, specialises in the installation of those warehouses. CCCCC Ltd, a British company, purchases a warehouse from AAAAA and agrees at the time of purchase that BBBBB will install it. Employees of both AAAAA and BBBBB may enter the UK as visitors for up to six months to carry out the installation work, or subsequent repair/servicing, for CCCCC and then leave the UK when the work is complete. As this is a new rule, the Home Office will likely issue guidance on its interpretation in due course. Taking the revised wording at face value, though, it is a simple change with a potentially big impact: foreign workers can undertake certain projects for UK companies without having to be sponsored or directly employed.

Нет

Электронные принимают с 05 ноября 2018 года.

05 October 2021 – 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) >>> An applicant, who is exempt from Immigration control under section 8(2), can apply for naturalisation after 5 years provided they meet all the requirements without having to obtain ILR: https://www.gov.uk/government/publications/naturalisation-as-a-british-citizen-by-discretion-nationality-policy-guidance

04 October 2021 – 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) >>> Concession for temporary leave to allow employment as HGV fuel drivers: https://www.gov.uk/guidance/concession-for-temporary-leave-to-allow-employment-as-hgv-fuel-drivers Certain foreign citizens who can drive fuel tankers can enter the UK without a visa until 15 October under a new immigration concession. This concession applies if you arrive between 1 October 2021 and 15 October 2021. You’ll be granted permission to enter and work in the UK as a fuel tanker driver until 31 March 2022, if a Border Force officer is satisfied that you meet the eligibility requirements at the UK border. The Home Office published the Concession for temporary leave to allow employment as HGV fuel drivers on Saturday 2 October, 2101. It allows entry outside the normal Immigration Rules until 15 October, with permission lasting until 31 March 2022, for people who: -Are not visa nationals -Have an EU licence to drive HGV fuel tankers -Have an “endorsement letter” from the Department for Business, Energy and Industrial Strategy -Will be employed as a fuel tanker driver -Will not need to claim benefits -Intend to leave the UK afterwards The scheme has been split up: 4,700 Seasonal Worker visas for drivers in the food haulage sector (expiring on 28 February 2022, not Christmas Eve as previously announced), and 300 places for fuel drivers under this concession. The terms of the concession itself do not mention such a limit, but presumably the business department will only issue 300 letters. Meanwhile, the 5,500 Seasonal Worker visas for poultry workers will expire on 31 December (again instead of 24 December). Both they and the food haulage drivers “will arrive from late October”; or not, as it might be. It is not clear whether the application process will be in place any earlier than late October. Ministers are also discussing whether “to allow up to 1,000 foreign butchers into the country”, according to the Times. >>> EU court considers Comprehensive Sickness Insurance: https://curia.europa.eu/juris/document/document.jsf?text=&docid=246802&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=3287718 Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. The opinion is only advisory; it is not legally binding. But the opinion of the Advocate General is taken into account, and often followed, by the Court of Justice of the European Union when it issues its final decision. That final decision will not be binding in the UK due to Brexit; British judges can however take it into account in similar cases.

Приветствую. Обычно нет, т.к. есть "защита" на основании т.н. Retained Right of Residence (если не будет очередного изменения и т.п.). В этом году я подал до 20 заявлений на изменение статуса с "жена европейца" на "бывшая жена европейца". Заявления рассматривали в стандартные сроки.

04 October 2021 – 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) >>> Sopra Steria Update From ILPA: "We have been informed that Sopra Steria will be introducing improvements to their service which will become visible on their website on Tuesday 5 October 2021. We understand that as of 1 November 2021 , there will be an increase in the number of free appointments available and it will be possible to book a free appointment at all UKVCAS service points apart from premium lounges (and not just at core sites). We also understand that the cost of chargeable appointments will be standardised to one fixed fee of £125 including VAT". >>> Immigration checks within the Common Travel Area Immigration officials may stop people travelling from Ireland to Great Britain and ask to see their papers despite the Common Travel Area, the Home Office has confirmed. A newly updated version (10.0) of the Common Travel Area guidance says: "Whilst there are no routine immigration controls when travelling to Great Britain (GB) via Ireland individuals may be required to provide a document to confirm their nationality and identity if they are encountered by an official as part of an intelligence led control on arrival from Ireland into GB." This does not apply to journeys into Northern Ireland from the Republic of Ireland across the land border: “There will continue to be no immigration controls on those journeys”. (The Irish immigration authorities do not take that position and often board the Belfast to Dublin buses to ask passengers for ID.) British and Irish citizens asked by Border Force for “proof of nationality and identity” do not have to present a passport necessarily, but in practice few will carry alternative “evidence of having obtained British or Irish citizenship”. EU citizens with pre-settled or settled status can show an ID card from their home countries. Most other foreign nationals will need to present a passport. The documentary requirements for people travelling from the Crown Dependencies to the UK are lighter: proof of identity of some kind may be sufficient.

Просто приятно или хорошее начало недели. Виза жены британца. Еще одной счастливой семье стало больше в Великобритании :-)

01 October 2021 – 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) >>> Digital vignette issued using the ‘UK Immigration: ID Check’ app: https://www.gov.uk/guidance/using-the-uk-immigration-id-check-app Customers using the ‘UK Immigration: ID Check’ app when applying to work, study or live in the UK as part of their identity stage of their application, will not receive a vignette (sticker) in their passport, if their application is successful. The guidance on using the UK Immigration: ID check app including how to use the app and completing your applications can be found on GOV.UK. >>> Travel documents to enter the UK are changing from 1 October 2021 From 1 October 2021, most EU, EEA and Swiss citizens can only travel to the UK using a valid passport, unless they have: ⦁ applied to the EU Settlement Scheme, or have an application pending ⦁ or otherwise have protected rights under the Citizens’ Rights Agreements >>> Fast-track routes for gifted stars to come to the UK: https://www.gov.uk/government/news/fast-track-routes-for-gifted-stars-to-come-to-the-uk A new International Sportsperson visa route for illustrious award winners and sport stars will open next month, providing a dedicated and simplified visa for sportspeople and their sponsors. These immigration changes are part of the UK’s points-based immigration system to attract the brightest and best to the country, delivering on the government’s New Plan for Immigration. >>> New system for international travel The rules for international travel to England will change on 4 October 2021 at 04:00am. The current traffic light system will be replaced by a single red list of countries and territories which will continue to be crucial in order to protect public health and simplify travel measures for arrivals. All travellers should continue to check GOV.UK travel guidance including FCDO travel advice before, during and after travel to keep up to date and ensure compliance with the latest COVID-19 and non-COVID-19 regulations. >>> Entry clearance amendments: https://www.gov.uk/government/publications/correcting-an-incorrect-endorsement-ecb19/correcting-an-incorrect-endorsement-ecb19 If an applicant finds, after they have arrived in the UK, that their visa has been issued with an incorrect endorsement they can request to have it amended. This can be done directly or through a representative or sponsor. If an applicant finds, before they have arrived in the UK, that their visa has been issued with an incorrect endorsement they must contact their visa application centre immediately to correct it. ⦁ If the error is on a biometric residence permit (BRP) the applicant must report the problem ⦁ online. ⦁ If the error relates to a vignette endorsement and is raised within 3 months of arrival in the UK the applicant should contact ⦁ UKVI International Sheffield. >>> Service Standards UK Visas and Immigration (UKVI) are experiencing very high global demand, meaning that some visa categories are taking longer than normal to be processed. UKVI apologise for any inconvenience caused. We are working hard to resolve this situation and ensure all customers get their passports back as quickly as possible. We regret that VFS Global and TLS are unable to expedite or track applications.

Еще одна клиентка Legal Centre с Украины получила визу жены британского гражданина. Это был сложный случай, включающий в себя судебную работу и по семейному праву. Тем не менее подавали по ускоренному типу рассмотрения, и заявление рассмотрели за 30 дней. Делюсь статистикой.

28 September 2021 – 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) >>> Good news for extended family members of EU citziens From ILPA: “Dear Members, With many thanks to the3million for sharing it, we are writing to bring to your attention a letter from Kevin Foster MP, the Minister for Future Borders and Immigration, regarding the position of extended family members following the closure of the EEA family permit route. The letter can be read here. The Home Office's change of position followed legal action including matters in which Emma Daykin and Eva Doerr at One Pump Court and Here for Good have been acting. ILPA provided a witness statement further to a call for evidence to Members. The Minister's letter recognises that "Article 10(3) of the Withdrawal Agreement requires the facilitation of entry and residence for extended family members whose application for an EEA family permit, made by the end of the transition period, was successful, including on appeal" and that the current arrangement, whereby extended family members (other than durable partners) are outside the scope of the relevant Immigration Rules in Appendix EU (Family Permit), "has created a lacuna in respect of Article 10(3) of the Withdrawal Agreement". The letter states that "pending the next appropriate set of Rules changes, we are creating a concession outside Appendix EU (Family Permit), which will be set out in the published EUSS family permit guidance. This will enable an EUSS family permit to be granted to an extended family member who applied for an EEA family permit by 31 December 2020 and would have been granted this, including on appeal, had the route not closed". The Minister also writes that "We will be in contact accordingly with those extended family members you mention who have received a letter following a successful appeal advising they would have qualified for an EEA family permit had the route remained open but are ineligible for an EUSS family permit" and "We will also make arrangements, pending the next appropriate set of Rules changes, to enable an extended family member issued with an EUSS family permit on this basis to apply to the EUSS once they have arrived in the UK if they wish to remain here". >>> Deprivation of citizenship for fraud after Begum In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on the ability of appellants to challenge the decisions of the Secretary of State.

Пожалуйста. Я был рад помочь Вам.

27 September 2021 – 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) >>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=ee5e68c3-749b-400a-bc11-33af56081a03&utm_content=immediately List of approved test centres inside and outside the UK updated on the GOV.UK website >>> Family asylum claims: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1019394/Family_asylum_claims.pdf First published asylum policy guidance on family asylum claims. >>> Facilitated returns scheme: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1020415/The_Facilitated_Return_Scheme__FRS_.pdf

24 September 2021 – 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) >>> Serious crime enough for humanitarian protection to be revoked: https://www.bailii.org/uk/cases/UKUT/IAC/2021/236.html The official headnote 1. When a court or tribunal is considering whether the revocation of P’s protection status breaches the UK’s obligations in relation to persons eligible for a grant of Humanitarian Protection, the first question is whether P is eligible for a grant of Humanitarian Protection. 2. P is not eligible for a grant of Humanitarian Protection if he is excluded from eligibility for any one of the reasons in paragraph 339GB(i)-(v) of the Immigration Rules (which transposed Article 17(1) of the Qualification Directive), including his commission of a serious crime or the fact that he constitutes a danger to the community or security of the UK. 3. The Secretary of State’s guidance on Humanitarian Protection (version 5, 7 March 2017) does not disclose an intention to adopt standards more favourable to P as regards exclusion from Humanitarian Protection. In particular, that guidance does not require that, in order to be excluded from Humanitarian Protection, an individual who has committed a serious crime must also represent a danger to the UK. >>> Home Office conceding 30% of appeals: https://www.westminsterforumprojects.co.uk/publication/Asylum-System The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said.