British Lawyer

07 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 Exceptional Assurance - concession extended UKVI have extended the Exceptional Assurance concession so that those individuals who have a visa, or leave, that expires by 30 June 2021, and who intend to leave the UK but have not been able to do so, can request additional time to stay. Applying for a visa if your VAC is closed - concession extended The concession allowing customers outside of the UK, whose local visa application centre (VAC) is closed due to coronavirus restrictions, to apply online and select a VAC in another country worldwide to submit their application and biometrics, has been extended to 30 June 2021. Customers must continue to select the country where they intend to to submit biometrics at the start of their application. Message from the Sales Manager at Sopra Steria "We’ve made a couple of amendments to the business to business offering which I wanted to make you aware of. We are now catering for up to 8 applicants for the half day pop-up and the price would be £2450. As you’re aware pop-ups are a fairly new offering, and we’ve had to go through health and safety. Due to social distancing we’ve made the decision to reduce the numbers slightly so we can stay within government guidelines."

07 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) >>> From the UK BA: ⦁ Hoping that end of March super priority visa will be available again for marriage settlement applications ⦁ Visit visa demand is considerably depressed and we expect that to remain the case. ⦁ Exceptional assurance is being extended to leave expiring 31 March 2021, we are currently reviewing what we do after that but it is likely to be done on a month by month basis. ⦁ Production of BRPs where numbers had built up accelerated in late summer and not surprisingly a lot of people had moved addresses in the many months their applications had been outstanding, so UKVI then received a surge of emails to our failed deliveries box and they are still catching up with those and are aware that response times may be a bit slow. A recovery plan is in place, staff have been moved and UKVI has also taken on agency staff to help. ⦁ Error corrections have been deprioritised and card collections are the priority, particularly where the error is with duration and does not cause an immediate problem for the customer. These will still be dealt with as quickly as possible. ⦁ In order to deal with the issue of undelivered cards, UKVI has changed processes and now when the BRP is produced an email is sent out with the BRP reference number and that allows them to prove their right to rent and work etc. So if the card does go elsewhere the customer can use their status in the meantime. ⦁ The email also acts as a reminder that they will need to contact TNT to change their address. We have given TNT broad discretion so that if someone calls TNT and gives the BRP number from the email then they should accept that is the customer and deliver the card to the new address provided. Indefinite leave to remain UKVI policy are looking at our request to update the long residence guidance so that absences that arose due to the pandemic are waived. UKVI advised that they believed that 5b had been actioned. Applicants unable to attend VACs to have their biometrics taken UKVI is acutely aware of the issue and are considering whether they need to use th IDV app in more routes again. Working after a CoS has been issued Currently not permitted as the Home Office advises that the applicants can use the 24-hour Super Priority Service to get a decision and so start working.

Приветствую, Итак: Добрыи вечер. Вчера подала и оплатила свою анкету. Теперь предстоит сканирование и подгрузка всех документов и тут (ха-ха) сюрприз-сюрприз я узнаю, что все доки должны быть отсканированы в черно-белом формате и вся моя работа по сканированию коту под хвост. - Это просто рекомендация для уменьшения размера фала. Я всегда загружаю в цвете. Ни разу не было проблем. Иногда клиенты присылают ч/б сканы - так же нет проблем. В любом случае обратите внимание на лимиты размера файлов для загрузки. В связи с этом возникает вопрос, если отсканированные в цветном формате документы не превышают нормы по размерам, можно ли грузить их или придерутся? - См. выше. И еще вопрос по срокам документов. Я их собирала перед отправкой и оплатой анкеты, т.е на момент моего аппоинтмента они скорее всего будут уже месячнои свежести, т.к словить слот ранее чем через месяц после оплаты анкеты не получается. Их просто нет в наличии. Это критично, если докумены собраны в конче марта? - Дата подачи считается дата оплаты анкеты, а не дата биометрики. Отсюда и исходите.

07 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) >>> UK Immigration Appeal decision waiting times From the Tribunal Statistics Quarterly: October to December 2020 "In the FTTIAC, the mean time taken to clear appeals across all categories has increased by 14 weeks to 44 weeks (44 weeks = 10 months !) this quarter compared to the same period a year ago. Asylum/Protection, Human Rights and EEA Free Movement had mean times taken of 41 weeks, 48 weeks (48 weeks = 11 months !) and 38 weeks respectively. Managed Migration and Entry Clearance, which had a mean time taken of 45 and 75 weeks (75 weeks = 1.5 years) respectively, are older appeal categories, removed by the Immigration Act 2014. There are a small number of remaining appeals which have longer clearance times due to the circumstances of those individual appeals. " Now add the time to prepare, lodge the appeal, and then wait for a visa being issues. The lot can easily clock up 1-2 years ! So do it right from the very first time with the Legal Centre: www.legalcentre.org, +447791145923, +443300010342 >>> Immigration and nationality fees for 2021/22: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2021 The updated list of fees for immigration and nationality applications that apply from 6 April 2021 shows that all remain unchanged from last year. This marks the third financial year running that headline application fees have been largely frozen, having last increased significantly in April 2018. There is a catch: the Immigration Health Surcharge, a separate tax on immigration, has increased sharply over that period. In 2018, the health surcharge was £200 a year. A spouse applying for permission to remain in the UK would have paid £1,033 in processing fees for permission lasting two and a half years, plus £500 in health surcharge. The health surcharge doubled at the start of 2019 and rose further to £624 a year in October 2020. So even with the headline fee staying the same, the total cost of that spouse application had jumped from £1,533 to £2,593 — a 69% rise — in just a few years.

Заявление клиента с Украины по получению британского гражданства. Рассмотрели за 2 месяца, и сразу прислали положительное решение и приглашение на церемонию. Делюсь статистикой.

Вот так выглядит положительное решение о получении клиенткой супружеской визы. Обратите внимание, что клиентка переходила на супружескую вузу с гостевой визы без выезда из Великобритании. Это было возможно благодаря т.н. COVID19 Concession.

05 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) >>> Red list countries Rules exemption for migrants If a person holds a visa for the UK then they may have “residence rights” and so be treated as exempt from the “red list” rules. Who has residence rights does not appear to be defined anywhere on the government website pages setting out the new scheme, or in the regulations. But according to the Home Office Visas & Citizenship External Relations Team, it includes people with existing: - Indefinite leave to remain - Limited leave to enter or remain e.g. students or workers (but not visitors) - Settled or pre-settled status under the EU Settlement Scheme

02 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) >>> Court of Appeal criticises ambiguous language in immigration tribunal judgments: https://www.bailii.org/ew/cases/EWCA/Civ/2021/421.html In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’s ambiguity on a crucial piece of evidence was enough to amount to an error of law in this case. The appeal concerned the decision to deport a South African man who had lived in the UK for over 30 years — almost his entire life. He had committed an extremely serious criminal offence, but also suffers from paranoid schizophrenia. The Article 8 issues were therefore finely balanced. The First-tier Tribunal dismissed the appeal, but the Upper Tribunal identified an error of law in its approach to the expert evidence on mental health treatment in South Africa. The Upper Tribunal re-made the decision and allowed the appeal. The Court of Appeal upheld the error of law decision, noting that the formulation used by the First-tier Tribunal on a crucial issue regarding the availability of treatment was ambiguous. The judge had said “there was no satisfactory evidence”, which might mean either that there was no evidence, or that the evidence provided was insufficient. The first option was factually incorrect, while the second option would also be an error of law because the judge provided no explanation for finding the evidence to be unsatisfactory: "The conclusions expressed in paragraphs 63 and 69 use the same formula, ‘There is no satisfactory evidence that…’. The formula is ambiguous. It could be a loose way of saying that there was no evidence, or it could mean that there was evidence, but that the FTT did not consider that it was satisfactory. If the formula has the first meaning it is a materially inaccurate account of the evidence. If it has the second meaning, it begs a question, which is why the FTT considered that the evidence was not satisfactory. In this context of anxious scrutiny, the FTT should have explained why it considered that the evidence was unsatisfactory." But the Court of Appeal also concluded that the Upper Tribunal had itself made an error of law when remaking the decision. It had failed to accurately characterise the medical evidence about the severity of the appellant’s condition while taking the right medication: "I accept Mr Malik’s submission that the UT misunderstood the evidence about the severity of the R’s illness when he was receiving the appropriate medication. It appears to have thought that, even with medication, the R would have great difficulty when he arrived in South Africa both in finding a clinic and a job. That approach is inconsistent with the evidence that R’s illness was stable with his medication, that he had worked throughout his time in prison (even though he did not have the right medication throughout), and had gained various vocational qualifications there. That misunderstanding is an essential foundation of the UT’s reasoning about what would happen to the R on his return. It means that the UT’s conclusion that the demanding test in section 117C(6) was met cannot stand." While there is nothing of ground-breaking significance in this case, it illustrates the importance of the ordinary courts having oversight of the tribunal system to ensure that errors can be identified and corrected.

Приятное завершение рабочей недели перед пасхальными праздниками. Завершающий этап моей помощи этой семье - "последний штрих" - получены 3 новых британских паспорта.

Приветствую. Да.

Вчера. Заявление клиентки из Китая на ПМЖ (ILR) по категории Tier 2(General) - Skilled Worker. Рассмотрели за 1 день. Подавали по Super Premium Service.

Приветствую, К этой анкете (в конце) прилагаются 2 декларации. Цитирую Ваше сообщение выше: "A copy will also be available to download once you have paid for your application."

Какой у Вас иммиграционный статус ? Здесь иммиграционный форум; если Вам нужна консультацию по семейному плану, нужно обратиться к семейному юристу по месту жительства, например.

На днях: - SETO - ILR (Китай). Рассмотрели заявление клиентки за 24 часа (Super Premium Service, 24 hours) - FLRM(M) - Казахстан. Стандартное заявление клиентки рассмотрели за 2.5 месяца. Делюсь статистикой.

Вы про Home Office или про Passport Office спрашиваете ?

>>> Covid-19 advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents This was updated on 26 March 2021 and under 'Applying for a visa if your visa application centre (VAC) is closed', the date by which you can use the alternative arrangements has been extended to 30 June 2021. (It was previously 31 March 2021.) >>> Covid-19: jobs that qualify for travel exemptions: https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules This was updated on 28 March 2021 to reflect new COVID-19 testing regimes for UK inbound passengers coming into force on 6 April 2021. >>> COVID19 - Travel from the UK New lockdown regulations for England came into force on 29 March 2021. They include an explicit ban on international travel, with some exceptions: "8.—(1) No person may, without a reasonable excuse— (a) leave England to travel to a destination outside the United Kingdom, or (b) travel to, or be present at, an embarkation point for the purpose of travelling from there to a destination outside the United Kingdom." The exceptions are addressed in Schedule 5 and Schedule 6 of those regulations. To summarise, then, international travel is banned unless: It is within the Common Travel Area, or The person is exempt under Schedule 6, or The person has a “reasonable excuse” listed in Schedule 5, or The person has a “reasonable excuse” not listed in Schedule 5 but is nonetheless an excuse that is reasonable These regulations cover England. The details for international travel from Scotland, Wales and Northern Ireland may be different, but the basic vibe is the same: do not go abroad on holiday, important reasons only. Bear in mind also that leaving the UK and returning means having to follow the inbound travel restrictions covered above.

>>> Out of Country appeals - MyHMCTS release date 31 March 2021 "Immigration and Asylum online service – Out of Country appeals I am pleased to let you know that our online service will be able to accept ‘Out of Country’ appeals from 31 March 2021. This will enable applicants to submit an appeal where the appellant is outside the UK; following the same process as in-country appeals (but with a longer time to issue an appeal in accordance with the procedure rules). Information and support guides will be available on GOV.UK in the usual way." >>> Covid-19 advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents This was updated on 26 March 2021 and under 'Applying for a visa if your visa application centre (VAC) is closed', the date by which you can use the alternative arrangements has been extended to 30 June 2021. (It was previously 31 March 2021.) >>> Covid-19: jobs that qualify for travel exemptions: https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules This was updated on 28 March 2021 to reflect new COVID-19 testing regimes for UK inbound passengers coming into force on 6 April 2021. >>> COVID19 - Travel from the UK New lockdown regulations for England came into force on 29 March 2021. They include an explicit ban on international travel, with some exceptions: "8.—(1) No person may, without a reasonable excuse— (a) leave England to travel to a destination outside the United Kingdom, or (b) travel to, or be present at, an embarkation point for the purpose of travelling from there to a destination outside the United Kingdom." The exceptions are addressed in Schedule 5 and Schedule 6 of those regulations. To summarise, then, international travel is banned unless: It is within the Common Travel Area, or The person is exempt under Schedule 6, or The person has a “reasonable excuse” listed in Schedule 5, or The person has a “reasonable excuse” not listed in Schedule 5 but is nonetheless an excuse that is reasonable These regulations cover England. The details for international travel from Scotland, Wales and Northern Ireland may be different, but the basic vibe is the same: do not go abroad on holiday, important reasons only. Bear in mind also that leaving the UK and returning means having to follow the inbound travel restrictions covered above.

А вот так выглядеть письмо-решение о продлении супружеской визы клиентки из Казахстана (Appendix FM Partner, 5-year route to Settlement (ILR)). Решение приходит по Email в виде .pdf приложения. Заявление рассмотрели за 2.5 месяца.

Хорошее начало недели - еще 3 клиента (взрослые и дети, граждане Украины и России) стали британскими гражданами. Обратите внимание, как (почти) одинаково выглядят натурализационные сертификаты для взрослых и детей.

Пожалуйста. Я был рад помочь Вам.

С 5 ноября 2018 года можно подавать digital statements.

На этих выходных: - EEA Family Permit - Гражданство и британские для мамы и ее дочери (AN + MN1)

На этой неделе. Интересный случай. Клиент (EU) должен был иметь частную медицинскую страховку (CSI)(клиент просто жил в UK), которой у него не было. Благодаря усилиям и юридическим доводом Legal Centre, Home Office согласился одобрить заявление клиентам на британское гражданство.

Ответил в параллельной теме где Вы задали дублирующий вопрос.

Не проблема, думаю. Хотя если хотите, можете все заново переделать.