British Lawyer

07 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) >>> Student visa and BRP/BRC replacement applicants will not be able to book an appointment immediately following an on-line application The Home Office intends to start using the IDV App so the applications could enrol for the biometric and upload their supporting documents via their mobile phones. The IDV App was widely used by the Home Office during the 1st lockdown. The Legal Centre (www.legalcentre.org) believes that the Home Office is moving towards the "all digital documents". See below for the relevant case-law, confirmin that point. >>> Digital-only immigration status for EU citizens: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1159.html The High Court has issued a judgment refusing permission for a judicial review challenge to the government’s policy of giving digital-only proof of immigration status to millions of EU citizens. The case is R (The 3million Ltd) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin). People granted pre-settled or settled status are not being issued with physical residence permits. Instead, their status exists in the ether. People can pull their individual proof of status out of a Home Office database using a “view and prove” service on gov.uk. >>> Judges can decide after the hearing whether an out-of-country appeal is fair: https://www.bailii.org/uk/cases/UKUT/IAC/2021/95.html Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable for the First-Tier Tribunal to hear an appeal brought from abroad after deportation, and to only then decide whether the appellant had been deprived of the ability to secure legal representation, and/or to give instructions and receive advice.

06 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) >>> Asylum right to work policy changed to allow more discretion: https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction The Home Office has updated its policy guidance on when asylum seekers can get permission to work, following two cases finding the previous version unlawful. The update (version 10.0, published on 4 May 2021) explicitly mentions that exceptions can be made to the strict rules against working while awaiting an asylum decision.

05 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) >>> Fresh blow to “no recourse to public funds” scheme: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1085.html Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) focused specifically on the approach to NRPF in Appendix FM. This is the section of the Immigration Rules applicable to the family members of British citizens and those with long-term residence rights.

Продолжение рабочей недели. Еще один ребенок из Литвы получил британское гражданство. Заявление MN1, подавали online. Рассмотрели за 2 месяца. А вот как выглядит и сам британский регистрационный сертификат для детей:

04 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) >>> Changes to UKVCAS website UKVAS have implemented a small website change. Part of this change will mean the Google Map on the search page will no longer be visible. Members and applicants can still search for appropriate service points using the postcode finder and the rest of the user journey remains the same. >>> Correspondence with Richard Jackson (Immigration Policy, Home Office) regarding COVID Switching Concession Question: Can this applicant switch now in-country ? - Application in the UK as a visitor - Leave still valid therefore exceptional assurance is not needed - Applicant has a job offer but no CoS has yet been issued So, can the applicant apply in county for permission to stay as a Skilled Worker with an undefined CoS or must they leave the UK and seek entry clearance with a defined CoS? Response from the UK BA Policy department: “This would be a permission to stay application, and the sponsor could assign an undefined CoS." >>> 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=c98365e6-37b5-4ea7-bea3-c3f0cf22a406&utm_content=immediately An updated list of approved test centres in and outside the UK >>> Apply to the EU Settlement Scheme (settled and pre-settled status) translations: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjD8-Xr4a_wAhULSxUIHet_Dc8QFjAAegQIAxAD&url=https%3A%2F%2Fwww.gov.uk%2Fguidance%2Fsettled-status-for-eu-citizens-and-their-families-translations&usg=AOvVaw1BVtfGQ-sr8k6nmrOmJ5ou The title of the guidance has been updated to match the English version >>> Suitability: previous breach of UK immigration laws (immigration staff guidance): https://www.gov.uk/government/publications/suitability-previous-breach-of-uk-immigration-laws-immigration-staff-guidance?utm_medium=email&utm_campaign=govuk-notifications&utm_source=9f64ab73-f34b-492c-96b7-a555eafe6d07&utm_content=immediately The guidance has been updated with minor amendments to clarify when an application can be refused where previous deception has been used >>> Russia: country policy and information notes: https://www.gov.uk/government/publications/russia-country-policy-and-information-notes?utm_medium=email&utm_campaign=govuk-notifications&utm_source=4b60d5bf-471b-4f05-b993-670965a582e1&utm_content=immediately A CPIN on Jehovah’s Witnesses has been added

Хорошее начало недели после Bank holiday. Вот так выглядит письмо из Home Office где сообщается, что ребенка (гражданин EU) одного из клиентов зарегистрировали британским гражданином:

03 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) >>> Interjacent overstaying may count in 10 year long residence application: http://www.bailii.org/uk/cases/UKUT/IAC/2021/96.html In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal confirms that previously disregarded overstaying between periods of leave should be treated as lawful residence for individuals making 10 year long residence applications. Headnote: "On the proper construction of paragraph 276B any period of overstaying that has been disregarded in accordance with sub-paragraph (v)(a) or (b) is treated as lawful residence for the purpose of sub-paragraph (i)"

Приветствую, Если можете подать заявление до окончания его паспорта и так же сдать биометрику быстро, п1. может пройти. Вариант 2 не понятен - как и что можно поменять потом уже когда заявление подано. Вариант 3 - самый надежный.

Приветствую. Для Ваших родственников "все пропало" еще в феврале 2017 года, когда изменились правила для extended family members...

Радостные новости для клиентов и во время праздников. - EU Pre-Settled status на основании развода с гражданином EU. Рассмотрели за 2.5 недели - ILR (SETM) для жены британского гражданина. Рассмотрели в стандартные сроки

30 April 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 proposed changes to the UK Nationality law: https://www.gov.uk/government/consultations/new-plan-for-immigration The New Plan for Immigration Policy Statement of March 2021 (the New Plan) contains proposals to make significant changes to immigration and nationality law and policy. The most interesting are the proposals set out in Chapter 3, which concern changes to British nationality law, in the hope of enabling affected people and organisations to respond constructively to the consultation. The consultation closes on 6 May 2021. Many of the proposals in this area are welcome, particularly those affecting British Overseas Territories Citizens and the Windrush Generation. Some others are far more troubling. Of particular concern is the proposal to introduce new and more onerous requirements for children born in the UK as stateless to register as British citizens. Mothers who could not pass on their citizenship & Fathers who could not pass on their citizenship Proposed change What is being proposed is a similar route for the children of BOTC mothers as has been provided within section 4C of the 1981 Act for the children of British citizens. It also appears that the intention is to give those who are eligible the retrospective benefit of section 3 of the British Overseas Territories Act 2002 by enabling them to become BOTCs and British citizens. If the process introduced is similar to the process for applicants under section 4C then the only fee payable should be a ceremony fee but it is also likely that the nationality granted will be BOTC by descent and British Citizenship by descent so as to avoid putting applicants in a better position than if there had been no discrimination. In terms of the children of unmarried fathers, it again appears that the intention is to introduce the equivalent of sections 4E to 4J of the 1981 Act for BOTCs who will further be eligible to become British citizens as well as BOTCs. Children of fathers who are not the husband of their mothers Proposed change The proposed change looks likely to be an amendment to the underlying legislation in order to create a specific registration route for children whose mothers were married (or in a civil partnership) but not to the child’s biological fathers when the child was born. It seems unlikely that there will be any change to the definition of “father” within section 50(9A) and these children will continue to be unable to acquire British citizenship automatically at birth. Discretionary adult registration route Proposed change The proposal is to introduce a new discretionary adult registration route. It is hoped that this additional discretion will enable the Secretary of State, in appropriate cases to take a pragmatic approach that prevents a person from having their lives upended when there is no public interest in that course of action. Naturalisation for Windrush victims Proposed change The proposed change is to give the Secretary of State the power to waive the residence requirements, including the five-year requirement, where people have been unable to return to the UK through no fault of their own. The precise nature of the amendment and the circumstances in which the power will be exercised are not yet known, however it would be very welcome if this power were used to grant British citizenship to those Returning Residents who have returned under Windrush Scheme. It is hoped that this amendment will not be restrictive and will also assist a wider range of people who have compelling reasons why they cannot meet the residence requirement where it would still be just to grant them naturalisation at an earlier stage. Registration of stateless children Proposed change It is anticipated that the proposal will involve bringing nationality law into line with existing immigration rules for stateless children who are seeking limited leave to remain in the UK. The requirements for limited leave to remain as a stateless person are set out at paragraph 403 of the Immigration Rules and include a requirement for children to provide evidence that they have attempted to register their birth with the relevant authorities but have been unable to do so (and that they have not been able to obtain an alternative nationality).

Порадовал Home Office. Сначала пришло уведомление, что нам выслали новую BRP клиентки с Украины (ILR - супруга британца), и в тот же день пришла и сама ILR BRP карточка.

Из серии "Просто приятно", часть 2, на этой неделе, четверг: - Заявления SET(M) - ILR и BRC Replace (EU Settlement Scheme).

Добрый день, Я ответил Вам на Ваше сообщение по WhatsApp. Ситуация изменилась, многое уже невозможно после 01-01-2021.

>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents (21 April 2021) The expiry date for free visa extensions for NHS workers has been moved to the 30th September 2021.

28 April 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) >>> Correspondence regarding BRP/BRC for non-EEA nationals with status under EUSS From the Home Office: "The biometric residence card’s (BRC’s) are issued to non-EEA nationals with EU law rights and we currently issue two types of biometric residence cards to non-EEA family members of EEA and Swiss citizens living in the UK - the EEA BRC (Rights card) issued as evidence of rights under EU legislation) and the EUSS BRC (Scheme card). Both BRCs can, at present, be used as evidence to carriers that the holder has the right to travel to the UK and to prove a right to work or rent private accommodation. Any non-EEA national granted EUSS leave and did not use an EEA Rights BRC to apply, will receive an EUSS BRC valid for 5 or 10 years. Valid EEA BRC’s can continue to be used for immigration and travel purposes until at least the end of the grace period on 30 June 2021 and the Government will shortly provide updated information on the GOV.UK website with further advice on the use of BRC’s post June. Non-EEA national family members whose cards expire can apply for a replacement document if they need one to board carriage to the UK. Any non-EEA nationals granted leave under the EU Settlement Scheme can exchange their EEA BRC for an EUSS BRC if they wish, but there is no requirement to do so. Our intention is to eventually provide all foreign nationals coming and staying in the UK with access to their immigration information online instead of issuing physical documents that can be lost, stolen or tampered with. This will be the primary means for EEA citizens and their family members to prove their status in the UK. Current holders of EEA BRC’s are able to access and share their immigration status online to evidence their status in the UK." >>> In-country customers applying for replacement biometric resident permits (BRP) and replacement biometric residence cards (BRC) In recent months the Visas and Citizenship Appointment Service (UKVCAS) has worked hard to increase appointment capacity to above pre-Covid-19 levels. However, this has coincided with a surge of demand for replacement biometric resident permits (BRP) and biometric residence cards (BRC). This additional demand has impacted appointment availability. To support our customers and address demand for appointments, from 23 April we will invite some customers applying for replacement BRP and BRC to apply via the Identification Verification (IDV) app, that can be downloaded on to most mobile devices. Applications for most replacement BRP and BRC cards require only verification of identity and facial biometric capture, and can be processed via the IDV app without the need to provide additional documentation. Submission via the IDV app will continue to be offered to eligible in-country student applications.

Просто приятно. Украина, натурализация.

Еще одна клиентка Legal Centre из России получила супружескую визу. Обратите внимание, что спонсор в этом случае - гражданин Евросоюза с EU pre-Settled Status (новые Правила с 01-01-2021). Подавали с опцией ускоренного рассмотрения. Заявление рассмотрели быстро.

Удачно завершен иммиграционный путь еще одной семьи из Украины и Евросоюза. В данном случае это был отец и ребенок. Это был долгий путь, который включал в себя: - Консультации: https://legalcentre.org/Konsultacija-s-Advokatom.html - Легализацию: https://legalcentre.org/Legalizacija.html - Апелляцию: https://legalcentre.org/Apelljacii.html - ПМЖ: https://legalcentre.org/PMZh-Settlement-ILR.html - Гражданство: https://legalcentre.org/Grazhdanstvo-Citizenship.html

Детальные вопросы требуют уточнения. Я могу обсудить все детали здесь: https://legalcentre.org/Konsultacija-s-Advokatom.html

Вот как выглядит (одно из последних, скорее всего), приглашений на церемонию по получению британского гражданства для гражданина Латвии, высланного по почте. На прошлой неделе Legal Centre уже начал получать подобные приглашения для клиентов, которые Home Office высыл уже по Email.

Т.е. Вам нужно доказать т.н. Sole Responsibility на основании соответствующих Правил. См., здесь, например: https://legalcentre.org/Edinolichnaya-Otvetstvennost.html

Приветствую. 1. Правила изменились. См. Appendix SW или получите информацию на родном языке здесь: https://legalcentre.org/Konsultacija-s-Advokatom.html 2. Нет. Нужно подбирать по срокам для ILR для семьи. В то же время, продление может быть только на 3 года. 3. Нужен Family Consent (декларация Home Office), если Вы это имеете в виду.

>>> COVID19 and the UK Immigration Law update - Applications from within the UK Those applying for a replacement Biometric Residence Permit or Card may now be invited to apply using an app: “from the evening of 22 April 2021, UKVI has decided to invite some BRP/BRC replacement customers to apply via the IDV app”.

24 April 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 can’t just ignore human rights issues even if there is no asylum claim: https://www.bailii.org/uk/cases/UKUT/IAC/2021/97.html The Home Office’s compartmentalised approach to applications for permission to stay in the UK can sometimes cause problems. Not everyone’s claim fits neatly into pre-defined categories. So what happens when there is overlap between, for instance, an asylum claim and a human rights claim? This is the issue considered by the Upper Tribunal in JA (human rights claim, serious harm) Nigeria [2021] UKUT 97 (IAC). The official headnote "(1) Where a human rights claim is made, in circumstances where the Secretary of State considers the nature of what is being alleged is such that the claim could also constitute a protection claim, it is appropriate for her to draw this to the attention of the person concerned, pointing out they may wish to make a protection claim. Indeed, so much would appear to be required, in the light of the Secretary of State’s international obligations regarding refugees and those in need of humanitarian protection. (2) There is no obligation on such a person to make a protection claim. The person concerned may decide to raise an alleged risk of serious harm, potentially falling within Article 3 of the ECHR, solely for the purpose of making an application for leave to remain in the United Kingdom that is centred on the private life aspects of Article 8, whether by reference to paragraph 276ADE(1)(vi) or outside the immigration rules. If so, the “serious harm” element of the claim falls to be considered in that context. (3) This is not to say, however, that the failure of a person to make a protection claim, when the possibility of doing so is drawn to their attention by the Secretary of State, will never be relevant to the assessment by her and, on appeal, by the First-tier Tribunal of the “serious harm” element of a purely human rights appeal. Depending on the circumstances, the assessment may well be informed by a person’s refusal to subject themselves to the procedures that are inherent in the consideration of a claim to refugee or humanitarian protection status. Such a person may have to accept that the Secretary of State and the Tribunal are entitled to approach this element of the claim with some scepticism, particularly if it is advanced only late in the day. That is so, whether or not the element constitutes a “new matter” for the purposes of section 85(5) of the Nationality, Immigration and Asylum Act 2002. (4) On appeal against the refusal of a human rights claim, a person who has not made a protection claim will not be able to rely on the grounds set out in section 84(1) of the 2002 Act, but only on the ground specified in section 84(2)."