British Lawyer

Для статистики, клиент из РФ, натурализация. Заявление AN рассмотрели за 3 месяца.

Так выглядит письмо из Home Offie о признании их ошибки по написанию имени клиента в его натурализационном сертификате. Home Office отреагировал довольно быстро. Положительно решение было принято буквально за несколько дней.

24 February 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) >>> Supreme Court to hear appeal on EU citizens’ access to benefits: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1741.html An update on the Fratila case, which in December 2020 saw the Court of Appeal hand down a very significant decision improving access to benefits such as Universal Credit for EU citizens with pre-settled status. A stay on that decision (i.e. it didn’t take legal effect) was in place until 26 February 2021 while the government considered an appeal. Permission for that appeal has now been granted by the Supreme Court and the stay extended until it is resolved. The Court of Justice of the European Union is also due to consider the same legal point, after a case was referred to it on 30 December 2020 by a tribunal in Northern Ireland. That could complicate things: the Supreme Court may, for example, want to wait for that decision before handing down its own. On the other hand, the EU case could represent a second bite at the cherry should the Supreme Court side with the government: “the CJEU’s ruling on a reference made by a UK court or tribunal (just) before the end of transition, will be binding on all UK courts”.

А вот так выглядит решение о продлении гостевой визы на основании Home Office exceptional assurance COVID19 concession:

23 February 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) >>> Upper Tribunal guidance on credible documentary evidence: https://www.bailii.org/uk/cases/UKUT/IAC/2021/33.html The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants. The tribunal has also clarified the circumstances in which Home Office must make enquiries to verify an appellant’s documentary evidence before rejecting it as false (a ‘verification obligation’). In cases where the verification obligation arises, but the Home Office doesn’t do anything to verify the document’s authenticity, any complaints about whether the document is genuine will be ignored by the tribunal.

Еще один клиент из Украины получил обновленную BRC. Весь процесс занял 2.5 месяца:

Пожалуйста. Я был рад помочь Вам.

22 February 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) >>> Continuous Residence Guidance: https://www.gov.uk/government/public...uous-residence Immigration staff guidance on assessing and calculating the continuous residence requirements under Appendix Continuous Residence. >>> Visa decision waiting times: applications inside the UK: https://www.gov.uk/guidance/visa-dec...-inside-the-uk >>> Grace period for overstayers cannot be relied on twice: https://www.bailii.org/ew/cases/EWCA/Civ/2021/184.html The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184.

На ILR по этой категории четких сроков нет. Но Правило 180 дней (не более) может серьезно аукнуться потом, когда будете на гражданство подавать.

Довольно редкий случай, относится к историческим заявлениям и исключениям на британское гражданство. У русскоговорящих обычно такой ситуации не бывает (т.е. рождение в колонии, (не)возможность передачи гражданства совим детям, позже рожденным за пределами Великобритании). Пришлось заниматься историческими документами. В итого после определенного давления соответствующее британское консульство "сдалось" и согласилось оформить ребенка клиента британским гражданином.

Могут быть проблемы - вот, человек отказ получил: https://forum.chemodan.com.ua/topic/53907-получение-гражданства-великобритании/?do=findComment&comment=1233532

Для статистики. В этом случае срок заявления по замене BRC был примерно 2 месяца:

18 February 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) >>> EU citizens with the EU pre-settled status can sponsor family members under Appendix FM Since 31 December 2020, the list of people who can sponsor a family member under Appendix FM to the Immigration Rules has included those who are “in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3(d)”. As the name suggests, GEN 1.3(d) is found in the “General” section of Appendix FM. It says: "References to a person being “in the UK with limited leave under Appendix EU” mean an EEA national in the UK who holds valid limited leave to enter or remain granted under paragraph EU3 of Appendix EU to these Rules on the basis of meeting condition 1 in paragraph EU14 of that Appendix." Condition 1 of paragraph EU14 of Appendix EU is what people have to satisfy to be granted pre-settled status under the EU Settlement Scheme. The upshot is that people with pre-settled status can now use Appendix FM to sponsor family members. This applies to all family visa categories covered by Appendix FM, even “parent of a child” and adult dependent relatives applications, as pre-settled status is now a qualifying status for the child’s other parent where the child does not live with the applicant. There are also sponsorship provisions for Turkish workers and businesspeople granted limited leave under Appendix ECAA Extension of Stay, but only for partner visas. >>> Justice Secretary hails attack on migrants’ Article 3 and human trafficking rights: https://www.dailymail.co.uk/news/article-9260365/Deportation-lawyers-taking-ride-Justice-Secretary-warns.html The government wants to restrict the ability of migrants to resist removal from the UK by invoking their right not to suffer inhuman or degrading treatment, the Justice Secretary has said. In an interview with the Daily Mail, Robert Buckland “confirmed plans to restrict the use of Article 3 of the European Convention on Human Rights” in immigration and asylum cases.

Собственно говоря: Появился Super Priority (24 часа) и Priority (5 дней) Service Позвонил коллега из Home Office и сообщил, что уже можно подавать заявления SET(O) через Super Priority и Priority Service. Что было и сделано с клиенткой из России уже сегодня утром: подали заявление SET(O) - ILR - Tier 2(General). Делюсь хорошими новостями.

Приветствую, Итак: Есть ли возможность при подаче на британский паспорт изменить написание моего имени? - Нет, т.к. написание имени должно совпадать с национальным паспортом. Или нужно подать на гражданство, дождаться церемонии и всего прочего, подать на сам паспорт, а потом переподать на новый паспорт на основании изменения имени по собственному желанию? - Можно и так.

Пожалуйста. Я был рад помочь Вам.

16 February 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) >>> Biometric re-use update - February 2021 - IMPORTANT 2021 UPCOMING CHANGES From the Home Office: "We are planning to reduce the need for foreign nationals who apply to come or extend their stay in the UK from having to attend a biometric enrolment event each time they make an immigration application. Our current biometric regulations require fingerprints to be destroyed no later than 10 years after they were enrolled, unless other criteria apply, such as the person has indefinite leave, or they are considered to be a high risk category. The implications are that every time a foreign national applies for a visa or immigration product, they need to attend a VAC to enrol a fresh set of fingerprints. We will be making new biometric regulations in Spring 2021 to enable us to reuse fingerprints every time a migrant makes a new application. Fingerprints will continue to be retained until 10 years after the last application. In addition to making new biometric regulations to enable us to reuse fingerprints every time a migrant makes a new application, we are considering extending the standard fingerprint retention period from 10 to 15 years, which will bring us in line with Canada. We could bring this in as early as July 2021. Our strategic aim is to expand biometric reuse to other occasions where migrants engage with the Border, Immigration and Citizenship System (BICS), such as on arrival and departure from the UK in addition to when making an application. This will further reduce the need to for migrants to reenrol their fingerprints. Our strategic aim is to enrol fingerprints once and reuse them thereafter. We would like to be able to enrol the biometrics as part of the application and retain them for as long as the person is in the UK. We will start the clock for deletion whenever a migrant leaves the UK. If the migrant returns to the UK we will restart the process and store the fingerprints while the person remains in the UK. Fingerprints will only be deleted if the person does not return or make an application to return to the UK after 10/15 years. We are developing our end to end border and immigration system to be “digital by default” for all migrants, including evidence of immigration status. For biometrics, this means allowing foreign nationals to upload a new facial image whether they make a new application which will be biometrically checked against the image we already hold on our records. Migrants’ digital status will be linked to their facial image, which they will use to prove their status in the UK. We aim to reduce the occasions migrants need to attend a Visa Application Centre, not just for enrolling biometrics but also for producing documentation. We see a world where more applicants are able to apply for our immigration and citizenship services from the comfort of their home or place of work." === NB: Physical BRC/BRP are expected to be phased out from 2025.

16 February 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber) >>> Can an illiterate spouse join a British partner in the UK ? The answer is probably, "No". The Supreme Court dismissed the challenge brought against the introduction of pre-entry English language testing for spouses seeking to enter the UK as the family members of British citizens and those present and settled in the UK. The formal title of the case is R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 but is will be known generally as just Ali and Bibi: https://www.supremecourt.uk/cases/uksc-2013-0270.html

"Все хорошо что хорошо кончается". Клиент получил одобрение его заявления как супруга британской гражданки (FLR(M) - Appendix FM Partner). Но курьер TNT умудрился доставить BRP карточку не по тому адресу и BRP карточка "пропала". Пришлось подавать заявление (анкета, документы, отпечатки в Sopra Steria) на замену BRP карточку. В этот раз BRP карточка уже нового образца была успешно доставлена.

15 February 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) >>> COVID19 UK Immigration Update - Expiring entry clearance Between 28 April and 31 December 2020, the Home Office offered a concession for people who had secured entry clearance to the UK but couldn’t use it before it expired after 30 days: "If your 30 day visa to travel to the UK for work, study or to join family has expired, or is about to expire, you can request a replacement visa with revised validity dates free of charge until the end of this year. This does not apply to other types of visas. This process will be in place until the end of 2020." This concession now seems to have expired; the main guidance page no longer mentions it. However, entry clearance is now being issued for 90 days rather than 30 days as standard. Those unable to travel within the 90 days can apply to extend it at a cost of £154. The Home Office says “we strongly advise that you only… apply to replace an expired vignette, when you are confident you can travel to the UK”. - Quarantine and testing (UPDATED 15 Feb) International travellers arriving in the UK must fill in a passenger locator form, have a negative coronavirus test taken pre-departure and stay in quarantine for ten days. The test must be taken no further out than three days before departure and testing negative does not exempt the person from the quarantine requirement. From 15 February 2021, the quarantine and testing rules were tightened further. International arrivals now have to buy two extra home tests (at a cost of £210) to take during their ten-day quarantine, on top of the pre-departure test. In Scotland, the quarantine has to be in a hotel rather than at home. Regulations putting these rules into law were published on 12 February (for England) and 14 February (for Scotland). Certain “red list” countries are treated more strictly still. There is an outright ban on travel from 33 (at time of writing) mostly African and South American nations. British citizens, Irish citizens and UK residents can still travel but will have to quarantine in a hotel on arrival. The legal basis for this ban is unclear: while a flight ban for some of those countries is in the coronavirus travel regulations cited below, the regulations do not say anything about turning people away if they do manage to get a flight. The government appears to be relying on an existing statutory power, but it isn’t obvious which one. Matt Hancock: “A new arrival to the UK who has been in a red list country in the last 10 days who is not a resident of the UK/Ireland, or a UK citizen, will be denied entry and held in hotel quarantine until they can return to the country from which they have arrived.” Legal? — Zeena Luchowa (@zeenaluchowa) February 9, 2021 Hotel quarantine for those who are allowed to travel from those countries must be booked through a government-backed platform. It costs £1,750 for an individual and £650 for each additional adult and child over 12 (half that for kids 5-12, younger than that go free). This includes the cost of the two post-arrival tests, food, and transport to the hotel. The government has published guidance on hotel quarantine in England. It seems to apply to those who wanted to travel to Wales and Northern Ireland as well, since there are no direct flights from red list countries to those places at time of writing. Between 10 July 2020 and 18 January 2021, there was a list of countries and territories for which there was no quarantine at all requirement, known as “travel corridors“. Travel corridors have now been suspended in all four nations of the UK. Journeys from within the Common Travel Area remain exempt from both the testing and quarantine requirements, as are a number of specific occupations. There is also a Test to Release scheme allowing some people to leave quarantine early if they have a negative test after five days. The precise travel rules may vary in each of the four nations of the UK, as may the internal lockdown rules on arrival. The main pieces of travel legislation in force are: For England, SI 2020 No. 568. For Scotland, SI 2020 No. 169. For Wales, SI 2020 No. 574 (W. 132). For Northern Ireland, SI 2020 No. 90. These are constantly being updated to reflect the latest policy tweaks.

Приветствую. На Ваш вопрос может утвердительно только ответить учебное заведение. У них могут быть свои "правила". "Правило" 3-х лет было действительно до 2012 года, когда были совсем другие правила для ILR.

15 February 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) >>> Indefinite leave to remain can be revoked, but not cancelled: https://www.bailii.org/ew/cases/EWHC/Admin/2021/242.html Briefly, the Home Office has no power to cancel indefinite leave to remain (ILR) under Article 13 of the Immigration (Leave to Enter & Remain) Order 2000. The judgment brings into sharp focus how complex primary and secondary immigration legislation has become. The Law Commission has tried to simplify the Immigration Rules, but there is a case for attempting the same with the underlying legislation from which the Rules actually derive.

12 February 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) >>> Reintroduction of some in-country priority visa services: https://www.gov.uk/faster-decision-visa-settlement/eligible-visas-when-applying-inside-the-uk From 20 January we have reintroduced the next working day Super Priority (SPV) service and the 5 working day Priority (PV) to in-country work and student application routes. All other in-country immigration application routes will continue to offer a standard service at this time. The service will be reintroduced to further in-country routes as and when those factors allow. >>> Administrative fee for cancelling appointments Sopra Steria have introduced a £10.00 admin free for cancelling appointments, even where it is cancelled more than 48 hours before the appointment. This is preventing applicants from being able to search for better appointment availability. >>> 240 days to submit the biometrics From the UK BA: Completing the application and booking a UKVCAS appointment Customers are reminded that once they have completed their application on Access UK and have been transferred to the UKVCAS website, that they have 240 days to submit their biometrics. If customers do not complete their biometric enrolment within 240 days their application will be closed, and they will need to recommence their application process. >>> Unusual costs decision against the Home Office: https://www.bailii.org/ew/cases/EWCA/Civ/2021/138.html In R (Mozumder) v Secretary of State for the Home Department [2021] EWCA Civ 138, the Court of Appeal has dealt with an unusual costs issue arising from the furore over alleged cheating in English language tests. The issue was how costs should be apportioned from a judicial review which challenged removal on the ground that an out-of-country appeal was not an effective remedy where the individual had been accused of cheating on his English language test. After the judicial review, the appellant had subsequently made a separate appeal against removal on the basis of his human rights and the First-tier Tribunal found that he had not cheated. The Court of Appeal decided that it could take into account the later tribunal decision, even though it had not been available to the judge at first instance, and that therefore the appellant had been successful and was entitled to his costs: "If Mr Mozumder had been found by the FTT judge to have cheated and thus had his appeal rejected I for my part would have been extremely reluctant to award him any costs at all. Since it has now been held by the appropriate tribunal that he had not cheated, I consider he should be treated as the winner in substance as well as on the procedural issue and should be awarded his costs of the judicial review which led to that result being achieved."

Аккуратно с Zoom на online судах: