British Lawyer

04 June 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 to publish new EUSS Covid-19 guidance Note the important information on absences: "This follows Here for Good’s successful legal challenge. The guidance was withdrawn by the Home Office on 6 May 2021, with the Home Office initially indicating that they would publish the revised guidance by 31 May 2021. On 27 May 2021 the Home Office wrote to the Court (and Bindmans) informing them that their new guidance would not be published by the 31 May 2021, but that they would aim to publish the revised guidance by 11 June 2021. Since 7 May 2021, Here for Good have been pushing for the Home Office’s consent to share the content of the Acknowledgement of Service from their judicial review challenge. This consent has finally been provided. The Home Office's proposals for the revised guidance are set out below in an extract from the Acknowledgement of Service. Here for Good hope that this will give clarity to those previously uncertain about their future and concerned about the impending application deadline of 30 June 2021. ‘11. This review has now been completed and the following changes and/or clarifications are going to be made to the Policy: (a) EEA citizens who have been absent from the UK for a period of up to 12 months because of COVID-19 are permitted to rely on that absence being for an important reason. The revised guidance will confirm that the EEA citizen does not themself have to be or have been ill with COVID-19. It will clarify that those self-isolating or shielding in accordance with local public health guidance, those caring for family members affected by the virus, or those unavoidably prevented from returning to the UK in time due to travel disruption are also permitted to rely on that absence being for an important reason; (b) EEA citizens who were already absent from the UK for an important reason and were forced to exceed the 12-month maximum permitted absence because of COVID-19, as described in the preceding sub-paragraph, will be permitted to exceed that maximum period of absence, without breaking their continuity of residence, for as long as they are absent from the UK because of COVID-19, again as described in the preceding sub-paragraph. Any absence from the UK beyond the 12-month maximum will not, however, be counted as residence in the UK for the purposes of qualifying for settled status; (c) EEA citizens who, as is allowed for any reason, intended to be absent from the UK for no more than six months will be permitted to have a single absence of up to 12 months treated as being for an important reason, and thereby not break their continuity of residence, where they have not returned to the UK within six months because of COVID-19, as described in sub-paragraph (a) above; (d) EEA citizens who have already had an absence of up to 12 months for an important reason and need to rely on a second period of absence of up to 12 months for such a reason, will be permitted to have a second such absence without breaking their continuity of residence, where one of those absences is because of COVID-19, as described in sub-paragraph (a) above. Again, while this second absence will not break the person’s continuity of residence, it will not be counted as residence in the UK for the purposes of qualifying for settled status. 12. Given that points (b), (c) and (d) in the preceding paragraph are outside the scope of the current drafting of Appendix EU to the Immigration Rules, the Defendant confirms that a concession outside the Rules will be made available until the changes can be reflected in Appendix EU itself by way of a Statement of Changes in Immigration Rules (expected in Autumn 2021). 13. A concession made outside the Immigration Rules in this manner will necessitate the publication of new detailed guidance, outlining both the policy position and the way in which an EEA citizen may avail themselves of it. As a result, the guidance document published on 15 December 2020 will be withdrawn and replaced. The Defendant intends to publish the new guidance, including on the concession outside the Rules, as soon as possible – and will seek to do so by 31 May – to ensure that EEA citizens are provided with certainty as to their residence rights in the UK well before the end of the grace period on 30 June."

Ко мне периодически обращаются работодатели для оформления лицензий для получения рабочих виз по категории Skilled Worker. Не все заявления на получение спонсорской лицензии являются простыми заявлениями. Например, в этом случае Home Office уведомил работодателя о том, что его заявление на получения лицензии Skilled Worker является не простым заявлением и Home Office нужно больше времени, чтобы рассмотреть это заявление. Вот как выглядит такое письмо из Home Office:

Обратился клиент, попросил разыскать его BRP карточку, которую он не получил в указанные Home Office сроки. При заполнении формы "BRP did not arrive" я заметил, что Home Office уже сообщает о том, что ответ может быть дан в течение "40 дней или более". Для сравнения: ранее ответ из Home Office приходил в течение 10 дней и, соответственно, указывался срок ожидания ответа в 10 дней. Вот как выглядит ответ из Home Office после подачи уведомления "BRP did not arrive":

02 June 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 new Graduate Route - het ready for the digital immigration status doucument It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019. >>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General) The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.

02 June 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) >>> Some can still switch in-country under the just extended COVID19 concession: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-in-the-uk If you’re in the UK You are expected to take all reasonable steps to leave the UK where it is possible to do so or apply to regularise your stay in the UK. You are allowed to access Visa and Immigration services as these are considered an essential public service and will continue to operate safely under local and national restrictions. If you intend to leave the UK but have not been able to do so and you have a visa or leave that expires by 30 June 2021 you may request additional time to stay, known as ‘exceptional assurance’. Please submit your request for an exceptional assurance by emailing the CIT with the following details: -full name -date of birth -nationality -Home Office, GWF or any other reference number type of visa -expiry date of visa -reason for request -evidence of flight or evidence showing reason you can’t leave The subject header of your email should read “Request for an assurance”. In your email you should attach evidence to show why you cannot leave the UK. For example, if you can’t leave the UK because you can’t find a flight before your leave/visa expires, you’ll need to submit a copy of a confirmed flight ticket. If you can’t leave the UK because you have coronavirus, you’ll need to submit confirmation of your positive coronavirus test result. During the time in which your request for ‘exceptional assurance’ is pending you will continue on the conditions as per your current or most recently expired visa. If you are granted ‘exceptional assurance’ it will act as a short-term protection against any adverse action or consequences after your leave has expired. If conditions allowed you to work, study or rent accommodation you may continue to do so during the period of your exceptional assurance. Exceptional assurance does not grant you leave. It is a means to protect those who are unable to leave the UK due to COVID-19 restrictions and not to facilitate travel, other than to return home. If you’ve already been given assurance but your circumstances have changed or you’re unable to leave the UK by the assurance date previously given, you must reapply using the process above. You will need to clearly state that you’re making a subsequent application. You’ll be asked to provide new supporting evidence. If you intend to stay in the UK In order to remain in the UK, you will need to apply for the relevant permission to stay. Where eligible, you’ll be able to submit a permission to stay application form from within the UK. You can make an application for permission to stay in the UK if you hold permission in a route that would normally allow you to do so, or if your current permission or visa expires before 1 July. You’ll need to meet the requirements of the route you’re applying for and pay the UK application fee. You will not be able to apply for a route for which there is no provision in the Immigration Rules for making an in-country application, such as T5 Youth Mobility Scheme, or Adult Dependant Relative. The terms of your current permission will remain the same until your application is decided. If you are switching into work or study routes you may be able to commence work or study whilst your application is under consideration, depending on the terms of your current permission. You are also able to apply for permission to stay to remain in the UK if you have been issued with an ‘exceptional assurance’. You must submit your application before the expiry of your ‘exceptional assurance’. If you have overstayed your leave If your visa or leave expired between 24 January 2020 and 31 August 2020 there will be no future adverse immigration consequences if you didn’t make an application to regularise your stay during this period. However, if you have not applied to regularise your stay or submitted a request for an exceptional assurance you must make arrangements to leave the UK.

01 June 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) >>> Coronavirus (COVID-19): jobs that qualify for travel exemptions:https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules/coronavirus-covid-19-travellers-exempt-from-uk-border-rules Seafarers working on cruise ships no longer exempt from red list requirements >>> Covid-19: Guidance for Student sponsors, migrants and Short-term students: https://www.gov.uk/government/publications/coronavirus-covid-19-student-sponsors-migrants-and-short-term-students Guidance for Student sponsors, migrants and short-term students on temporary concessions in response to the outbreak of coronavirus.

01 June 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) >>> UK Employers: Check a job applicant's right to work in the UK details: https://www.gov.uk/view-right-to-work >>> Visiting the UK as an EU, EEA or Swiss citizen: https://www.gov.uk/guidance/visiting-the-uk-as-an-eu-eea-or-swiss-citizen?utm_medium=email&utm_campaign=govuk-notifications&utm_source=30dd57fd-a6bd-4a77-bd87-26535795cc0c&utm_content=immediately Added information for EU, EEA and Swiss citizens who have applied to the EU Settlement Scheme by 30 June 2021 but not yet received a decision. Added guidance for Gibraltar identity card holders and also added guidance for Irish citizens.

Решение о продлении визы жены (UK Spouse visa, FLRM) клиентки из России. Данное заявление рассматривали 6 месяцев, что необычно долго для стандартного заявления типа FLR(M). Вот как выглядит само решение:

Добрый день, Вот ссылка на первоисточник: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt If you are outside of the UK You can only take a SELT with one of the following providers: IELTS SELT Consortium LanguageCert Pearson PSI Services (UK) Ltd

31 May 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) From the UK BA: >>> End of EEA Family Permit on 30 June A reminder that EEA family permits will end on 30 June 2021 and that no new applications for EEA family permits will be accepted after this date. You should not attempt to travel to the UK on an EEA family permit, regardless of the date it was issued, or the validity date printed on it, after 30 June 2021. >>> Changes to travelling to the UK using EU, EEA and Swiss ID cards Currently European Union (EU), European Economic Area (EEA) and Swiss nationals can travel to the UK with a valid passport or a national identity (ID) card. From the 1 October 2021, changes to government legislation will mean that most EU, EEA and Swiss nationals can only travel to the UK using a valid passport, unless they have applied to the EU Settlement Scheme by 30 June 2021 or otherwise have protected rights under the Citizens’ Rights Agreements. ID cards will no longer be accepted for travel to the UK from this date, unless the exceptions apply. Anyone travelling to the UK on an invalid travel document may be refused entry at the border >>> UKVCAS in-country appointment availability There is currently improved availability of UKVCAS appointments, including some free appointment slots. New appointments continue to be added regularly, and we encourage customers who have submitted applications but are yet to make an appointment to check the UKVCAS website for availability. >>> Covid Visa Concession Scheme extended The Covid Visa Concession Scheme (CVCS) has been extended to 21 June, for those outside the UK whose leave expired after travel advice changed and who have been unable to return due to Covid restrictions: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk

Эта неделя заканчивается очередным положительным решением по категории EU Settlement Scheme (EUSS) - ILR (ПМЖ). Я помогал этой клиентке с Украины и ее семье на протяжение 10 лет: - Консультация: https://legalcentre.org/Konsultacija-s-Advokatom.html - Легализация: https://legalcentre.org/Legalizacija.html - EEA Permanent Residence: https://legalcentre.org/index.php?category=5&submenu=138 - ILR (EUSS): https://legalcentre.org/PMZH-i-VNZH-dla-grazhdan-EU.html Заявление на получение EU Settlmenet Scheme (ILR) рассмотрели за 6 недель.

28 May 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) >>> Migrants win improved access to personal data held by the Home Office: https://www.bailii.org/ew/cases/EWCA/Civ/2021/800.html Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held recently. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is R (Open Rights Group & the3million) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 800. >>> Government to waive settlement fees for Commonwealth soldiers with 12 years’ service: https://www.gov.uk/government/consultations/immigration-fees-public-consultation The government is proposing to waive settlement fees for certain non-British members of the armed forces. A consultation on the draft proposal, launched yesterday, follows years of Commonwealth soldiers being denied the right to remain in the UK after discharge because of fees and lack of advice on the paperwork required. Citizens of certain foreign countries, mostly those in the Commonwealth, are eligible to serve in Her Majesty’s Armed Forces. Around 9,000 foreign nationals currently do so. They are eligible for indefinite leave to remain afterwards, provided that they have served for four years or more (or have been discharged earlier for medical reasons). But that costs £2,389, or around £10,000 for a family of four. The consultation document says that “anecdotally, we are aware that some individuals are unable to meet this financial liability”, but adds the less than gracious rider “or choose not to do so”, and snipes that some people in this position “may not leave the UK” despite not having permission to stay. The proposal is to "waive the cost of an application for settlement for non-UK Serving Personnel who wish to remain in the UK after they leave service and have served at least their initial engagement period of 12 years." This would not be retrospective — i.e. “there would be no reimbursement of immigration fees already paid” — and would not apply to family members. Nor would it cover fees for British citizenship. The consultation runs until midnight on 7 July 2021.

Для статистики. Заявление на замену BRC карточки после получения EU Pre-Settled Status. Рассмотрели за 1.5 месяца.

27 May 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) >>> Face-to-face learning required for international students from 27 Sept 2021: ?utm_medium=email&utm_campaign=govuk-notifications&utm_source=6701857d-250e-4ef4-8be7-b827409d819f&utm_content=daily The Home Office updated its Covid-19 guidance for overseas students and education providers. By far the most significant change relates to the distance learning concession introduced last year. Providers can still commence the sponsorship of new students who will initially study via distance or blended learning but only if “they intend to transition to face-to-face learning from 27 September 2021”. Later it is stated more clearly: “This distance learning concession will be in place for the duration of the 2020-21 academic year, ending on 27 September 2021”. This has the potential to cause significant issues. Many international students still won’t be able to get to the UK due to Covid-19. The concession catered for this, allowing providers to go ahead and sponsor students even if they were unable to get here for face-to-face teaching. Removing that flexibility when there is still so much uncertainty seems unnecessary. Do education providers go ahead and issue CAS (the documents international students need before they can apply for a visa) in the hope that students from countries still facing severe pandemic difficulties will be able to make face-to-face learning by September? If they can’t come, will institutions be able to transition them to distance learning — and given that sponsored students are “not normally permitted to undertake distance learning courses”, will doing so exclude them from coming to the UK to continue their studies when possible? We saw a recent U-turn on Covid-19 right to work checks and the BRC replacements for EU Settled Status applicants. There will be plenty of education providers hoping for something similar. 27 May 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) >>> Is the dependant Spouse or Child (“Dependants”) of a Skilled Worker migrant required to make a separate application for permission to remain in the UK if a Skilled Worker migrant changes his/her sponsor and/or his/her job occupation category and therefore required to make a Change of Employment application ? Apparently, the answer is "No". From the Home Office: "The (Home Office's) position hasn’t changed – dependants do not need to reapply when the lead applicant makes a change of employment application, as long as they still have extant leave."

Я помогаю не только русскоговорящим форумчанам. Например, вот примеры моей помощи коллегам на форуме для иммиграционных адвокатов (IL = Immigration Lawyer, как у меня уже много-много лет называется мой Skype): Вот как выглядит решение Home Office о выдаче клиенту ПМЖ(ILR) по категории EU Settled Status. Заявление рассмотрели за 2 месяца. Ждем новую EU Settlement Scheme ILR Biometric Residence Card (BRC).

25 May 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) >>> A person who obtained British citizenship by fraud is able to keep it thanks to the Home Office inaction: https://www.bailii.org/ew/cases/EWCA/Civ/2021/769.html An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 also untangles and explains some of the previous case law about deprivation of citizenship on the basis of deception. >>> Biometric Residency Permit/Card (BRP/BRC) Replacement applications From Sopra Steria: "We have increased the number of appointments released each week. As a result, appointments are available to meet the recent surge in demand for replacement Biometric Resident Permits (BRP) and Biometric Residence Cards (BRC). This means BRP/BRC applications received after 17.30 pm on 20 May 2021 will be able to book a UKVCAS appointment as soon as you register with UKVCAS. You no longer have to wait to hear from UKVCAS as you will not be able to progress your application using the IDV app. BRP/BRC applications received before 17.30 on 20 May 2021, look out for an email sent to your registered UKVCAS email address called: Book your UKVCAS appointment now; or Download the IDV app now" >>> 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 An updated list of approved test centres in the UK and outside the UK from 14 May 2021. NB: The Home Office has been updating this list almost monthly.

24 May 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's New Plan for Immigration, Part 2: https://www.gov.uk/government/publications/new-plan-for-immigration-legal-migration-and-border-control The Home Office published a New Plan for Immigration “strategy statement” earlier today. It is mostly about legal immigration and economic migrants. The statement is 38 pages long, but with plenty of padding: the “key deliverables for 2021-22” take up about 10 pages, mostly stuff that has previously been announced. There are some nuggets of new information, including — inevitably — more meddling with business visas. Electronic Travel Authorisation What we might call New Plan for Immigration 2 includes the renewed promise of electronic pre-clearance for people travelling to the UK without a visa, which was heavily trailed in the press over the weekend. This would be similar to the ESTA scheme for the United States and the ETIAS scheme planned by the European Union: "Visitors and transit passengers who do not currently need a visa for short stays, or who do not already have an immigration status prior to travelling, will be required to obtain an Electronic Travel Authorisation as an additional security measure." The idea is that everyone coming to the UK will need permission to travel in one form or another — whether a full-on visa or an Electronic Travel Authorisation — except for British and Irish citizens. ETAs will reportedly cost £9 but will not be in place for a few years yet: “by the end of 2024” is the target. Given that ETAs were announced last February and again last July, we can probably expect them to be reannounced again every few months up to 2025 (or whenever they are actually in place). Digitising the border and residence permits There is a lot of chatter about other digital wheezes, both at the border and in-country. A Border Crossing, or BX, computer system “has been successfully piloted and is being rolled out nationally”. (We pause here to note that, according to Policy Exchange, this system was “due to be fully operational in 2019”.) E-visas will replace physical vignettes in passports, some day. Those interested in the medium-term digitisation of the border can read all about it in the 2025 UK Border Strategy published last December: https://www.gov.uk/government/publications/2025-uk-border-strategy A more concrete commitment is: "By summer 2021, all Border Force staff will have the ability, if required, to check whether an individual has applied for, or been granted status under the [EU Settlement Scheme], should they need to do so." Border guards being able to ask their computer whether an EU citizen seeking entry has pre-settled or settled status would be welcome, given the problems that such people are already experiencing at the border for lack of a physical residence permit. “Summer” in Whitehall-speak means any time between now and November, though. At present, non-EU residents do get physical proof of status in the form of a Biometric Residence Permit. But not for long: the strategy tells us that the Home Office is “moving away from providing physical documents” altogether, with a “fully digital system” in place by the end of 2024. So it is not just visitors that will be given e-visas: long-term residents will be going digital too. Points based system Business visas The strategy says that “we will continue to simplify our Immigration Rules and make them as user-friendly and accessible as possible”. This revision process has the additional advantage, from the Home Office point of view, that each revised route can be reannounced as a brand new visa. Hence we are to get a nice sounding cutting-edge “International Sportsperson” route later in 2021, as opposed to the boring old Sportsperson and Temporary Sporting routes. Similarly, there are plans for a “Global Business Mobility” route, mashing together several existing routes: Intra-company Transfer, representative of an overseas business, contractual service supplier and independent professional. It would also cater for “import and export-related secondments”. One thing that would be an advance on what we have already is the unsponsored work route promised last year, but to no timetable. We are now told that this will open in “Spring 2022”, with "a particular emphasis placed on the very high skilled and academically elite. Within this route we will create a ‘scale up’ stream that will allow those with a job offer at the required skills level from a recognised UK scale-up to qualify for a fast-track visa, without the need for sponsorship." A “scale-up” being the evolved form of a “start-up” business. There is nothing at all on the unreformed Investor route, fuelling our suspicion that it may ultimately be stopped. Sponsorship There are various improvements to the sponsorship experience for employers in the works. These include “expanding the use of our secure ChipChecker service” and “introducing automated checks with HMRC and Companies House to identify sponsors and users that can have fast track approval”. HMRC will also provide payroll data so that the Home Office can check that people are being paid the right salary, introducing an exciting new way to flunk sponsor compliance. For student visa sponsors, there may in future be “separate immigration routes for higher education and further education”. More on sponsorship changes is promised in a “roadmap” due this summer (caveat as above). Family immigration and settlement There is a brief mention of plans to upend family migration: "We know that there are several family routes and many paths to settlement and navigating these can be confusing." The document says that the “Family, Private Life, Settlement and Returning Residents routes” will all be simplified, as will application forms and decision notices. Also “more consistent evidence requirements so that applicants are clear what they need to demonstrate and how”. There’s a first time for everything. Part 2 All measures planned in 2021 and 2022 This is taken verbatim from the strategy document — table 2 on page 23 — except for the brief comments in square brackets. GRADUATE: A new Graduate route to be launched in summer 2021, providing international students with the opportunity to stay in the UK to work or look for work after they graduate. Undergraduate and master’s degree students will be able to stay for two years under the route, whilst PhD students will be able to stay for three years. [The rules for this have already been published.] GLOBAL TALENT: Introducing a new pathway for individuals with highly prestigious awards or prizes. This will remove the requirement, for holders of specified awards and prizes, to have the approval of a Home Office endorsing body. [This has already launched.] UNSPONSORED: Introducing a new, unsponsored points-based route with a particular emphasis placed on those with the skills the UK labour market needs. INTERNATIONAL SPORTS PERSON: Creating a new International Sportsperson route that replaces the current T2 Sportsperson route and the sporting worker aspects of the T5 Creative or Sporting Worker route. TEMPORARY WORKER: Providing a fully digital process with the ChipChecker facility for EEA nationals for the remainder of the temporary work (previously T5 (Temporary work)) routes. This will include dedicated Temporary Worker routes for creative workers, religious workers, and a range of Government Authorised Exchange schemes Creating a single, sponsored Global Business Mobility route that will bring together, reform and expand a number of existing routes including: GLOBAL BUSINESS MOBILITY: – Provisions for intra-company transferees; – Arrangements for implementing UK trade commitments in respect of contractual service suppliers and independent professionals; – Arrangements for employees of an overseas business assigned to the UK to establish a branch or subsidiary; – Provisions to accommodate import and export related secondments SIMPLIFICATION: Simplifying and consolidating the rules and making questions on forms easier to answer, with more flexibility around the required evidence on the Graduate, International Sportsperson, family, private life, settlement and returning residents routes. SPONSORSHIP: Redesigning the sponsorship system to speed up end-to-end processing, improve sponsors’ experience and prevent abuse of the system. Providing additional support to SMEs as they adjust to using the sponsorship system. BORDER CROSSING TECHNOLOGY: Rolling out new technology at the border, which improves the quality and timeliness of information available at the primary control points (PCP) for Border Force officers. ELECTRONIC TRAVEL AUTHORIZATION (ETA): Laying the groundwork for introducing an Electronic Travel Travel Authorisation scheme as part of a wider universal ‘permission to Authorisation travel’ requirement which will mean everyone wishing to travel to the UK (except British and Irish citizens) will need to seek permission in advance of travel. ENDING ID CARDS FOR EU, EEA AND SWISS CITIZENS: EU, other EEA and Swiss citizens who were not residing in the UK prior to the end of the transition period or who are not covered by the terms of the Citizens’ Rights Agreements will require a passport to travel to the UK from 1 October 2021. APPLYING UK CRIMINALITY RULES: Applying mandatory grounds for refusal on grounds of criminality to serious and persistent criminals whose presence is not conducive to the public good, to ensure the UK is protected from those who pose the greatest threat to society. Refusing entry to anyone seeking to enter as a visitor or coming to the UK for less than 6 months if they have received a custodial sentence of less than 12 months or a non-custodial sentence or out-of-court disposal such as community service, unless a period of at least 12 months has passed. ONLINE IMMIGRATION STATUS SERVICE: Allowing individuals to view their immigration status and to prove their status to others, such as landlords and employers. By summer 2021, we plan to have delivered an enhanced support offer for those who are reliant on this service (in the main EEA nationals and BN(O)s), including for those who are less digitally able. Building on the success of the EUSS, we are putting in place system to system services that will allow other Government departments and public bodies to check immigration status information direct with the Home Office, instead of the individual having to prove these rights via the online service when accessing public services EU SETTLEMENT SCHEME: Providing a “grace period” until 30 June 2021, the deadline by which EU citizens who arrived in the UK by 11 pm on 31 December 2020 may apply to the EU Settlement Scheme.

24 May 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) >>> Helpful decision on Upper Tribunal appeals: https://www.bailii.org/uk/cases/UKUT/IAC/2021/117.html A very nice surprice to get a case that helps immigration lawyers. The case of EH (PTA: limited grounds; Cart JR) Bangladesh [2021] UKUT 117 (IAC) confirms that a grant of permission to appeal by the Upper Tribunal, even on limited grounds, cannot be judicially reviewed. But where permission is granted, all grounds of appeal can be argued even if permission was only granted on some of those grounds. The Civil Procedure Rules only permit a Cart (or Eba for those in Scotland) judicial review when permission is refused but not where it is granted (even if only on restricted grounds). Interestingly, if permission is granted on restricted grounds, unless a specific direction is made, the application for permission to appeal stands as the notice of appeal i.e. all grounds in the granted application can be argued (Rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008). And finally, even if a direction is pronounced, under Rule 5, an application can be made to amend, suspend, or set aside that direction. The obvious advantages to parties are: - not having to raise costly and time-consuming judicial review proceedings challenging partial grants of permission - the process will generally be confined only to the Upper Tribunal, making it much more streamlined It is probably best to have a copy of the judgment in hand when availing of it because it’s probably not going to be making the judges happy :-)

Похоже, эта неделя будет "Европейской". Еще пару клиентов получили EU Settled Status и новые BRC. Сроки рассмотрения были 1.5 и 2 месяца соответственно.

"Когда-то давным-давно, на дальней планете". Документы с примерно 15-и летнего этапа еженедельной работы с клиентами в Home Office Public Enquiry Offices (PEOs, где заявления рассматривали за 1 день, фактически - за 2-3 часа), до COVID19: Пропуски в Home Office и талончики клиентов, ожидающих решения. Обратите внимание на "фирменную" опечатку Home Office на зеленом документы :clueless:

21 May 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) >>> Parental consent requirement for a Child Student The Legal Centre (www.legalcentre.org) reminds the applicants about the need for the parental consent requirement for a Child Student applications on the basis of https://www.gov.uk/guidance/immigration-rules/immigration-rules-child-student#parental-consent-requirement-for-a-child-student

Приветствую, Скорее всего, может закончиться отказом. Я такие советы называю "иммиграционной диверсией". Тем более что все статусы Home Office в любом случае увидит по своей базе данных.

Вот так выглядит BRC карточка нового типа на основании EU Settlement Scheme (EUSS) - Indefinite Leave to Remain (ILR). Заявление клиента рассмотрели довольно быстро. BRC была доставлена на дом клиента курьером FedEx. Сегодня посчитал, сколько CPD (Continued Professional Development) часов у меня набралось за последние 6 месяцев. Получилось 61.5 часов за последние пол года. Для сравнения: иммиграционному судье из трибунала раньше было нужно всего 60 CPD часов за год.

19 May 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) >>> One last chance for those who already have an onld (EU type) residence card, but do not have EU settled status: https://www.gov.uk/uk-residence-card From the Home Office: "If you do not have EU settled or pre-settled status your card will be valid until 30 June 2021. After 30 June 2021, you’ll be able to use your card only once to travel to and enter the UK. To remain in the UK you’ll need to apply to the EU Settlement Scheme within 28 days."