British Lawyer

Такой вариант проходит.

Приветствую. 1) Не врать ! 2) Напишите HIO + объясните в сопроводительном письме. Я так обычно делаю, вопросов со стороны Home Office не возникает.

Еще один клиент Legal Centre с Австралии получил британскую студенческую визу на основании коронавирусной концессии. Заявление положительно рассмотрели за пару недель. Клиенту было достаточно просто получить детальную одноразовую консультацию: https://legalcentre.org/Initial-Consultation.html

На днях Legal Centre получил приглашение из Home Office присоединиться к их т.н. Research Panel. Буду рекомендовать всем форумчанам давать гражданство вне очереди. А если серьезно, то это интересный, но занимающий много времени проект. До хороших новостей :appl:

На днях Legal Centre получил приглашение из Home Office присоединиться к их т.н. Research Panel. Буду рекомендовать всем форумчанам давать гражданство вне очереди. А если серьезно, то это интересный но занимающий много времени проект. До хороших новостей :appl:

22 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) >>> The Home Office seemed to inadvertently strengthen the rights of Zambrano carers in 2018: https://www.bailii.org/uk/cases/UKUT/IAC/2021/235.html In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. The tribunal concluded that it did not. As a result, the law on these “Zambrano” rights remains unchanged. In any case, Zambrano rights will soon be of purely historic interest due to Brexit.

Сегодня. Заявление гражданина России, гражданство. Рассмотрели за 3.5 месяца. Делюсь статистикой.

Сегодня. Клиентка с Украины. Заявление на гражданство (AN, натурализация). Рассмотрели за 8 недель: Делюсь статистикой.

20 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) >>> More on the positive changes for family members applying under the EU Settlement Scheme (EUSS) This is a more detailed follow up to the Legal Centre last week’s update. Namely, changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. Let’s have a look at the significant changes that are likely to impact on current and future applications. Joining family members As far as Appendix EU is concerned, the first major change concerns those seeking indefinite leave to enter or remain under paragraph EU11A as a joining family member, or limited leave under Para EU14A. Such applicants still need to meet the same family relationship and residence requirements, but the requirement not to be in the UK as a visitor will be removed. It is not clear how much of an impact this amendment will have but it is welcome in principle. Family members will have been affected by travel disruptions and restrictions resulting from the Covid-19 pandemic and this easing may assist those seeking to re-establish their rights of residence in the UK who may have ended up returning here as visitors. As a consequence, the definition of “visitor” will also be deleted from Annex 1. Family permits One set of changes, which is significant, is the insertion of express references to absences caused by Covid-19. The next set of changes all relate to the definition (in Annex 1) and the use (in all other relevant paragraphs of Appendix EU) of a “relevant document”. This is a document that some categories of applicants, such as dependent relatives, must have in order to have their family relationship recognised. The main types of “relevant document” have so far included the following: (a)(i)(aa) a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before (in the case, where the applicant is not a dependent relative, of a family permit) 1 July 2021 and otherwise before the specified date; From 6 October 2021, this will instead read “a family permit (or a letter from the Secretary of State, issued after 30 June 2021, confirming their qualification for one)”. This may be a response to litigation begun earlier this summer to provide a solution to all of the applicants overseas who applied for a family permit before the end of the Brexit transition period on 31 December 2020, but who have not yet been issued with one. Until recently, such applicants were being told that since 30 June 2021 there has been no power for the Home Secretary to issue family permits to enable their travel to the UK or even if such a power still exists, permits would not be valid for onward travel to the UK. One can only hope that the change will help smooth this issue out, but it is unclear how a “letter” will enable such applicants to come to the UK and there are bound to be applicants facing these issues in-country as well.

Хорошее начало недели для меня + двойная радость для клиента: клиент стал британцем в свой день рожденья после 11 лет пребывания в Великобритании. Просто приятно (С)

>>> Some coronavirus concessions are now included into the Immigration Rules: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-617-10-september-2021 There three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. Tier 1 (Entrepreneur) The latest version of the Entrepreneur guidance contains several COVID concessions for this cohort. These include:  time spent by employees on furlough counts towards the job creation requirement  applicants can combine multiple jobs to meet the job creation requirement  applicants whose businesses have created two qualifying jobs, but who have been unable to employ the relevant employees for the required 12 months because of COVID, can temporarily extend their visa None of the above is actually being incorporated into the Rules. This is a new rule for those applying for settlement after relying on the last of the concessions above. They will now have to meet a second job creation requirement in order to qualify for settlement, over and above the one that normally applies. The change is being made to Table 6 of Appendix A, which contains the main requirements for settlement in this route. In other words, anyone who extended their Entrepreneur visa by relying on this concession will have to show that they have either created four jobs that have each lasted for 12 months, or two jobs that have lasted for 24 months, when they apply to settle. As a result, the COVID concession for Entrepreneurs will not be a “freebie” with respect to the job creation requirement, but rather a loan. The Home Office will extend your visa without you meeting the requirement, but you must settle the debt when you come looking for indefinite leave to remain. Although this was already in the guidance, it is still likely to take some applicants by surprise, particularly as there is no mention of this condition in the gov.uk overview of COVID concessions. These changes take effect from 6 October 2021 but with no provisions for applications to be decided under the old rules if a settlement application is lodged before this date. This is likely because the changes reflect existing guidance. EU Settlement Scheme Appendix EU is being amended to reflect concessions that extend the range of circumstances in which continuous residence is not deemed to be broken as a result of excessive absences from the UK. Those concessions are currently in Home Office guidance. They are important because excessive absences can leave EU citizens with pre-settled status unable to upgrade to full settled status. The majority of the EU Settlement Scheme rules are found in “Annex 1 – Definitions. There are five relevant new or improved provisions in this sub-paragraph, which broadly reflect the existing guidance. As before, we’ll put new text in italics. The first provision (aa) amends the existing rule allowing absences of between 6 and 12 months for an “important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting, or because of COVID-19)”. The second provision (bb) incorporates the guidance-dwelling concession that permits absences of 6-12 months if the applicant intended to be absent for only six months but exceeded this “because of COVID-19“. So where you had a COVID-related absence of 6-12 months, you are allowed a second absence of up to 12 months for an “important reason” unrelated to COVID or to care for someone seriously ill with COVID. Only six months of this second absence can be counted towards your five-year residence period for getting settled status, though. The fourth provision is a mirror of the third, allowing the same thing the other way round. So where you had an absence of 6-12 months that was for an important reason unrelated to COVID or to care for somebody seriously ill with COVID, you are then allowed a second absence of 6-12 months which was COVID-related. Again, only six months of this second absence positively counts towards your UK residence period. Finally, the fifth provision states that you are also allowed to be out of the UK for more than 12 months in one go, but only if COVID meant you couldn’t come back or were advised against — rather than if you just chose not to come back. These changes take effect from 6 October 2021, with no provisions for applications to be considered under the old rules if lodged earlier. This is likely because the changes reflect existing guidance. Skilled Worker and Sportsperson In what appears to be an entirely new concession, the settlement requirements for both the Skilled Worker and Sportsperson routes are being amended. It takes five years to qualify for settlement in these routes. The rules will now allow applicants to count the time they had permission in any other route while they were waiting for a decision on their Skilled Worker/Sportsperson application towards these five years. This is provided that said application: (i) was for permission to stay; and (ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and (iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and (iv) was granted. It was always possible to include time spent waiting for a decision on an in-time application that was then granted where the person was extending their permission as a Skilled Worker or Sportsperson. The significance of this change is that it allows applicants to count time waiting for a decision on an ultimately-successful application while they were in their UK with permission in a different route entirely. The existing T2 Sportsperson route is being replaced by the International Sportsperson route, so the rule “change” is technically a brand new rule in a brand new route, but the concession will cover people on the old version of the route as well. The new International Sportsperson route goes live on 11 October 2021, while the Skilled Worker changes will be in force from 6 October.

Вот так выглядит указание, полученное на границе, для регистрации по EU Settlement Scheme (EUSS) в течение 28 дней. Еще один срочный случай, с которым я буду работать сегодня.

Добрый день, О каком заявлении идет речь ? Заявление на паспорт ? Тогда да, оба.

+1..............

Тут даже не сколько обман был, как я сейчас выяснил, сколько человек на понимал смысла вопросов и ответил так, как о считал, было "правильным". А с точки зрения Визового Центра - это обман, если ответ дан даже случайно не правильно. В общем, без адвоката некоторым гражданам противопоказано иммиграцией заниматься (с).

Как выглядит отказ в визе и бан на 10 лет. Этот человек знал, что я могу помочь, но решил все сделать сам. Увы, итог печален - бан на 10 лет по всем визовым категориям для въезда в Великобританию, за исключением т.н. "Супружеской визы", которая так же не гарантирована.

Важные изменения в Правилах ! Теперь можно переключиться на EU Settled Status с гоствой визы/статуса (Eng: “to allow a joining family member to apply to the EUSS whilst in the UK as a visitor” ): https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-617-10-september-2021

15 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) >>> Immigration application made during visa expiry grace period is not “in time”: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1357.html When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”? This is the issue considered by the Court of Appeal in Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357. The court confirmed that an application is only in time if it is submitted before the date of expiry of the person’s visa (in the court’s more technical language, their “leave to remain”). The effect of the decision is to prevent people from relying on the relevant grace period twice. Grace periods for late applications The context is paragraph 39E(2) of the Immigration Rules. This allows the Home Office to consider an application that is lodged after the refusal of an “in time” application (providing that it is submitted within 14 days of the refusal, or conclusion of any appeal or admin review). The applicant was effectively trying to use this grace period twice. He first applied to extend his permission to be in the UK before it expired, and was refused. He applied a second time, within the grace period, and was refused again. To try to get the application considered a third time, the applicant argued that an application submitted within the grace period was itself in time, as it was within the time limit provided by the Immigration Rules. The Upper Tribunal agreed. The Home Office appealed, arguing that the Upper Tribunal’s… “… approach undermines the overall scheme of paragraphs 245DD(g) and 39E of the Immigration Rules by allowing (the appellant) to have a third bite of the cherry and undermines the purpose of placing greater rigour on the aim of discouraging overstaying.” The Court of Appeal agreed, reversing the decision of the Upper Tribunal: “Read in context and in light of the other paragraphs, the reference to “in-time” applications is to applications made before the expiry of the deadline for making a valid application, namely the expiry of existing leave (including where applicable, as extended by 3C leave).” So, you only get two bites of the cherry, not three. If you apply to extend your visa and the application is refused, you can apply again within 14 days, but not a third time if that second application is refused. This leads to a simple phrase such as “in time” being open to interpretation, with Upper Tribunal and Court of Appeal judges disagreeing on what it means.

Просто приятно или как хорошо завершается иммиграционный путь очередной клиентки :-)

14 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) >>> New statement of changes to the Immigration Rules: HC 617 Part 1 On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are:  Banning entry to the UK with an ID card rather than a passport (with exceptions for some existing residents)  Update to existing relocation schemes for Afghans, including granting indefinite leave to remain from the outset  A new International Sportsperson route, consolidating what were the Tier 2 and Tier 5 sporting visas  Update to Global Talent, making it slightly easier to get an endorsement, and doubling the number of awards that mean no endorsement is required  Changes to EU Settlement Scheme family permits, including “to allow a joining family member to apply to the EUSS whilst in the UK as a visitor”  Iceland and India being added to the Youth Mobility Scheme  A new “Appendix Settlement Protection” for refugees to get ILR  Incorporation of some coronavirus concessions into the Rules EU family permits The non-EU family members of EU citizens with pre-settled or settled status under Appendix EU to the Rules need a type of visa called a “family permit” to join their sponsor in the UK. The rules governing these permits are in the inscrutable Appendix EU (Family Permit). Those rules are, according to the explanatory memo, being changed as follows:  to allow a joining family member to apply to the EUSS whilst in the UK as a visitor. From 6 October 2021, the temporary concession to this effect outside Appendix EU where certain joining family members are concerned, as currently set out in the EUSS caseworker guidance, will cease to operate.  technical changes to reflect the passing of the 30 June 2021 deadline for applications to the EUSS by those resident in the UK by the end of the transition period (though a late application can still be made where there are reasonable grounds as to why the person missed that deadline).  technical changes to reflect the fact that, as the Home Office has already confirmed to relevant stakeholders, a person who is exempt from immigration control can, if they wish, apply to the EUSS whilst they remain exempt, or they can apply once they have ceased to be exempt. For anyone who wants to try, see pages 32 to 39 of the statement of changes document. Part 2 ID cards are out Last year the government announced that “From 1 October 2021, EU, EEA and Swiss national identity cards will no longer be accepted as a valid travel document and a passport will be required for entry to the UK”. The Immigration Rules are now being changed to that effect. Paragraph 11(i) of the Rules says that someone seeking entry to the UK must produce “a valid national passport or other document satisfactorily establishing his identity and nationality”. From 1 October, this provision will be subject to a new paragraph 11A, which says that an ID card is not an acceptable alternative to a passport unless the holder is an existing resident with EU settled status or similar. Afghan citizens Paragraphs 276BA1 to 276BS4 in Part 7 of the Rules cover permission for Afghan citizens to come to the UK under two special schemes. These are the Afghan Relocations and Assistance Policy and the ex-gratia scheme. The paragraphs in question are being replaced by new text, rather than just amended. One significant change is to paragraph 276BA1. This currently says that Afghans who qualify for these schemes will be granted permission to enter the UK for five years. In future, “they will be granted entry clearance, which will have effect on arrival in the UK as indefinite leave to enter”. In other words, their permission to be in the UK will not have an expiration date. In paragraph 276BB1, the requirement for people availing of these schemes to be “in Afghanistan” is being removed. The same goes for dependants, in paragraph 276BF1. The effect is that people will be able to apply for these schemes from outside Afghanistan, which makes sense in view of recent events. The grounds for refusing permission under these provisions are being slimmed down to just the general grounds for refusal in Part 9 of the Rules. At the moment, there are additional grounds for turning people away, including if “there are serious reasons for considering that the applicant constitutes a danger to the community or to the security of the United Kingdom”. It is hard to know what to make of this change: the Home Office is not about to let people into the UK if it considers them a security risk. It may be just a tidying-up exercise, and that any cases caught by this wording could also be addressed under the general grounds for refusal. Part 3 New International Sportsperson route At the moment there are two possible visas for professional sportspeople. One is T2 Sportsperson and the other is T5 Creative or Sporting Worker. The names reflect the old categorisation of work visas into Tier 2 or Tier 5, which has been abolished, in the otherwise meaningless prefixes T2 and T5. There will now be one visa called International Sportsperson, although it will continue to cater for athletes coming to the UK for 12 months or less. The T5 label is being removed from the remaining temporary routes, so they will be called “Temporary Work – Creative Worker”, “Temporary Work – Seasonal Worker”, etc. The main requirement for getting an International Sportsperson visa is to have an endorsement from the UK governing body of the relevant sport. Those wishing to stay for longer than 12 months must also speak basic English (level A1). These requirements are expressed as “points”, but they are in reality mandatory rules, since the only way to earn the points is to tick the boxes. This takes effect from 10 October. Global Talent Quite a few changes are being made to Appendix Global Talent. This is the visa for people with “exceptional talent or exceptional promise” in various fields. Generally they must have an endorsement from a specific organisation in that field: Arts Council England for the arts and culture track, Tech Nation for the digital technology track, etc. Those organisations seem to have given feedback on how it’s all working, which is being reflected in changes to the endorsement criteria. Those changes include:  evidence of exceptional talent/promise in arts and culture can include media coverage of the applicant’s work “as a named member of a group”, not just individually (see paragraphs GTE 3.3 and 3.4).  evidence of exceptional promise in digital technology can be accompanied by just one example, rather than two (GTE 7.4).  fast track endorsement will be possible for people who have held an approved fellowship or award from the Royal Society, Royal Academy of Engineering or British Academy in the past five years, rather than the past 12 months (GTE 8.2). Various other changes are highlighted in the explanatory memo. The broad effect is to make it a little easier to get Global Talent endorsements. Similarly, the list of “prestigious prizes” that qualify the recipient for a Global Talent visa without the need for an endorsement at all is being expanded. At present there are 72 such awards in Appendix Global Talent: Prestigious Prizes. Five of them are Nobel Prizes and six are Oscars, so the bar is pretty high. The new list contains twice as many awards —145 — with a big expansion in science, engineering, humanities and medicine. See page 63 of the statement of changes for the full list. Part 4 Youth Mobility Scheme: Iceland and India Citizens of Iceland and India will in future be able to get a Youth Mobility visa. There will be 1,000 places for Iceland (population: 366,000) and 3,000 places for India (population: 1.4 billion). Indians interested in the visa will therefore enter a lottery (“invitation to apply arrangements”), as Japanese, Taiwanese, Hongkongers and South Koreans already do. There are also extra requirements for Indian citizens. They must satisfy either paragraph YMS 4.5B or YMS 4.5C: YMS 4.5B. This additional requirement is met where the applicant: (a) holds a qualification equal to or above RQF level 6; and (b) provides evidence of that qualification in the form of written confirmation from the issuing institution that they successfully completed their studies and graduated with the required qualification RQF level 6 means an undergraduate degree. Alternatively: YMS 4.5C. This additional requirement is met where the applicant: (a) has a minimum of three years’ work experience in a professional role equivalent to an eligible occupation listed in Appendix Skilled Occupations; and (b) provides evidence of that work experience in the form of either: (i) formal payslips from the applicant’s employer showing the applicant’s job title and employer’s name; or (ii) payslips accompanied by a letter from the applicant’s employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic. Appendix Skilled Occupations lists roles that can be sponsored for a Skilled Worker or Intra Company Transfer visas. The difference with Youth Mobility compared with those routes is that there is no need for employer sponsorship. When the government first announced that Indians would get Youth Mobility visas, it said that they would need to “be able to express themselves in the language(s) of the host country”, but that seems to have been dropped as there is no mention of an English language requirement. None of this takes effect until 1 January 2022. Part 5 Settlement for refugees People with refugee status or humanitarian protection can apply for settlement in the UK after five years. This is normally a formality, although the Home Office does reserve the right, in theory, to send people back where they came from if they are no longer in need of refuge. The statement of changes introduces a new Appendix Settlement Protection. The explanatory memo says that this is to “provide greater clarity”, rather than to change the substance of the refugee settlement rules. These are currently in paragraphs 339R, 339S and 339T in Part 11 of the Rules, which are being deleted. The revised rules say that, where someone is refused settlement but is still entitled to refugee status or humanitarian protection, they will get a 30-month extension of permission to stay instead. There are separate provisions for main applicants and for dependants; the rules for the latter say that a partner applying for settlement must be in a “genuine and subsisting relationship” with their sponsor. Coronavirus concessions Various ways in which the Home Office promises to go easy on migrants affected by coronavirus are being written into the Rules, rather than being left as guidance. The concessions being incorporated in this way cover:  Tier 1 (Entrepreneur) visa holders unable to fulfil the job creation requirement  Skilled Workers and Sportspersons who began working before their visa was granted  Covid-related absences from the UK for people with EU pre-settled status; existing guidance is being replaced by changes to Appendix EU

13 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) >>> Check if you can become a British citizen: https://www.gov.uk/british-citizenship/born-in-uk-after-1983 Various options to register a child as a British citizen >>> Administrative review: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1015181/Administrative_review.pdf · to reflect the decisions that have a right of administrative review; · to reflect that from 6 April 2021, there is a fee for administrative reviews of entry clearance decisions; · to update references to Part 9 of the Rules; and other general housekeeping >>> List of UKVI international application points and decision-making centres: https://www.gov.uk/government/publications/list-of-ukvi-international-application-points-and-decision-making-centres/list-of-ukvi-international-application-points-and-decision-making-centres-accessible-version >>> The UK’s points-based immigration system: information for EU citizens: https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers The following four documents have been updated: · An introduction for EU, EEA and Swiss workers · An introduction for EU, EEA and Swiss students · Information for EU, EEA and Swiss visitors · Application guidance

Очередной пример помощи коллеге-адвокату после того, как его клиент получил отказ. Заявление SET(LR) - Long Residence, где его клиент полагался на время, проведенное в Великобритании как член семьи гражданина/гражданки EU.

10 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) >>> All UK Immigration Rule in one place: https://www.gov.uk/guidance/immigration-rules

Пожалуйста. Буду рад помочь Вам в очередной раз.

Приветствую, Итак: - Как я поняла, сейчас можно отсканировать и загрузить документы самим из дома - ДА - податься через UKVCAS IPV app - НЕ ПО ВАШЕЙ КАТЕГОРИ - и даже не ехать в сервис центр, только если им надо снять биометрию - НЕ ПО ВАШЕЙ КАТЕГОРИИ - тогда они пригласят письмом - НЕ, НЕ ТАК - В некоторых случаях они могут использовать предыдущие данные - НЕ ПО ВАШЕЙ КАТЕГОРИИ обычно - получается, вся подача сейчас онлайн? - Почти, за исключением биометрики - Но как тогда они вклеивают визу в паспорт? - ВИЗЫ НЕ КЛЕЮТ УЖЕ ЛЕТ 12. У Вас же не должна быть виза :-) - Или они уже просто свежий BRP присылают и ничего не вклеивают в паспорт? - ДА == У Вас начались детальные вопросы :-)