British Lawyer

Пожалуйста. Рад был помочь Вам.

Обратите внимание, что на что Вы меняете. Есть разница между BRP и BRC.

02 December 2020 – 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)7791145023 (WhatsApp/Viber) >>> List of the Home Office approve English language test providers: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt >>> Farewell to the Comprehensive Medidal Insurance (CSI)? Legal challenges to the Comprehensive Sickness Insurance rule In reference to certain categories of EEA citizens and their family members (self-sufficient; students) In 2014, the Court of Appeal held that Comprehensive Sickness Insurance cover was indeed a requirement in the UK as well: "This condition must be strictly complied with. The fact that [the appellant] would be entitled to treatment under the NHS, and was thus at all times in substantially the same position as she would have been had she had CSIC, is nothing to the point. Her failure to take out CSIC put the host state at risk of having to pay for healthcare at a time when… she was not economically active." The effect of that decision is that people who needed CSI and didn’t have it were not living in the UK lawfully. Thankfully the Home Office decided not to enforce the CSI requirement as a condition for getting to stay in the UK post-Brexit (the EU Settlement Scheme). But it does still insist that past periods of residence without CSI will jeopardise a British citizenship application for up to a decade. In addition, people who have not yet applied to the Settlement Scheme continue to be unlawfully resident and, theoretically, subject to removal from the UK. Is there anything that can be done about this, given the Court of Appeal’s blessing? There is a higher authority on the requirements of EU law, and that is the Court of Justice of the European Union. The European Commission has been making noises about taking a case on CSI to the Court of Justice since at least 2012. But, perhaps for political reasons, it never materialised. With Brexit a done deal, there is no longer any need to worry about upsetting the Daily Mail by insisting on EU citizens’ rights. Last month, the Commission announced that it had begun “infringement proceedings” against the UK for breach of EU law. The first step in a process that can end up at the Court of Justice is a “letter of formal notice” giving the country in question two months to explain itself or mend its ways. The Commission’s position is clear: "In the United Kingdom, EU citizens who are affiliated with the UK public healthcare scheme (NHS) and are entitled to get medical treatment provided by the NHS are not considered as having sufficient sickness insurance. The Commission considers that the UK’s relevant rules are in breach of EU law." CSI is a running sore when it comes to EU citizens’ rights in the UK. It remains to be seen how many people will be negatively affected by it in practice, but Court of Justice intervention would be reassuring for thousands of people whose legal status in the UK has been rendered unnecessarily complicated.

Приветствую. Обычно взрослым не нужно подавать свидетельства о рождении с заявлениями о натурализации.

Из сегодняшнего. Вот как выглядит решение о присвоении британского гражданства ребенку старше 10 лет, но младше 18 лет. Сертификат о натурализации уже не присылают по почте; его нужно забрать в горсовете во время церемонии по натурализации.

Приветствую, Ваш вопрос напоминает попытку самостоятельно провести хирургическую операцию по телефону. Очень ответственный момент - правильное выполнение Правил по Appendix FM Financial. Очень. Некоторые пункты не понятны без дополнительных вопросов. По некоторым пунктам могут быть нужны дополнительные документы. Некоторые пункты - критичны (отсутствие = отказ).

Massive Home Office UK Immigration Guidance change/withdrawal So many links that it was viable to provide the graphics at this stage, as follows:

Из недавнего. Tier 1(Investor), Россия. В этот раз подавали на гражданство (до этого - продление и ILR). Рассмотрели в стандартные сроки. Письмо пришло через 2 месяца.

27 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Home Office is experiencing delays in considering outstaidng applications now From the Home Office: "Due to Coronavirus restrictions applicants are currently experiencing longer waiter times than normal. However, our 6-month service standard is still in place, and we will be in touch in due course with further information."

Приятное завершение рабочей недели - хорошие новости одного рабочего утра (пятница): - SET(M) - ПМЖ(ILR) - AN (натурализация)

Беларусь. EEA Family Permit. Пара едет в UK (EU + non-EU). Рассмотрели за пару недель.

26 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Non-binary identity can form basis of asylum claim, Upper Tribunal finds: https://www.bailii.org/uk/cases/UKUT/IAC/2020/313.html A non-binary gender identity can form the basis of an asylum claim, the Upper Tribunal has expressly confirmed for the first time. The case is Mx M (gender identity – HJ (Iran) – terminology) El Salvador [2020] UKUT 313 (IAC). >>> UK breached European convention in deporting man without proper human rights assessment: https://hudoc.echr.coe.int/eng#{"itemid":["001-205796"]} The court unanimously found that the UK’s supposedly Article 8 compliant deportation rules don’t preclude judges from following the correct approach to assessing the proportionality of deportation, and that the Upper Tribunal had failed to do so in Mr Unuane’s case (European Court of Human Rights like Unuane v The United Kingdom (application no. 80343/17). ), breaching Article 8. >>> Appeal judges clash over false document rules: https://www.bailii.org/nie/cases/NICA/2020/38.html When is a “false document” not a “false” document? In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland held that a document cannot itself be dishonest. Dishonesty requires an assessment of the state of mind of the person submitting the document as part of their immigration application. 27 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Litigation debt - Home Office/UK Immigration: https://www.gov.uk/government/publications/litigation-debt Guidance on how UK Visas and Immigration deals with litigation debts owed to the Home Office from applicants. >>> Can one travel to other EU countries with the new EU Settelment Scheme Biometric Residence Card (BRC) ? Apparently not, as the Home Office confirm that: "Please note that a BRC issued under EEA Regulations provides your client with an exemption from the requirement to obtain a visa to travel to another Member State of the European Union. A BRC issued under the EU Settlement Scheme does not, and if your client chooses to exchange their current BRC for a BRC issued under the EU Settlement Scheme, they will be required to apply for a Schengen visa to travel to another EU Member State. They only need to apply to replace their biometric residence card issued under the EEA Regulations when it expires and then only if they intend to travel outside the United Kingdom, as they can rely upon their digital status to prove their right to stay, work or study in the United Kingdom."

>>> COVID19 and the UK Immigration System Exceptional assurance Exceptional assurance was initially available only to those with a visa expiring up to 31 October, but has now been extended to 30 November as part of the second England-wide lockdown. People requesting exceptional indemnity/assurance need to fill in an online form to explain why they can’t leave by 30 November. If the form isn’t working, the Home Office advises emailing cihassuranceteam@homeoffice.gov.uk with the subject line “Request for an assurance” instead. The guidance also allows people to apply for further leave to remain in the UK even “where you would usually need to apply for a visa from your home country” — provided that the application is “urgent”. NHS Workers On 20 November came a further extension: the scheme will now cover visas expiring up until 31 March 2021. However, unlike the first phase in which extensions were “automatic”, those with visas expiring between 1 October 2020 and 31 March 2021 will have to apply to have them extended for free. At time of writing, the second phase of the scheme was not yet open but people will be able to claim back visa fees paid in the meantime. More information here. Family members of NHS workers who die from COVID-19 can get indefinite leave to remain for free. On 20 May, this was extended to cover “NHS support staff and social care workers” as well. This should be automatic, but those affected can contact UKVINHSTeam@homeoffice.gov.uk.

Приоритет за Students and Skilled Worker пока.

Приветствую. Да, не нужно, формально. В то же время клиенты показывают наличие средств так или иначе.

When will the Priority and Super Priority (24-hour) Service return ? The Legal Centre is attending the live conference with the Home Office today. According to George Shirley, Head of Work, Study, Family and Citizenship at UKVI: - The Priority and Super Priority (24-hour) Service is expected to resume at any point now and before Chirstmas 2020 for WORK and STUDY categories - The Priority and Super Priority (24-hour) Service is expected to resume early in 2021 for OTHER categories

24 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> New regulations to wipe free movement from the statute book: https://www.legislation.gov.uk/uksi/2020/1309/introduction/made These new regulations follow hard on the heels of the Immigration Act 2020. Where that Act provides for the high-level repeal of EU free movement laws, these regulations make dozens of changes to the plumbing of the immigration system to bring EU migrants fully within its scope. (But they should not affect existing residents with EU Settlement Scheme status, nor Irish citizens - full stop.) For example, there are various amendments to the laws on getting married in the UK as a foreign national and on sham marriage investigations. Like non-EU citizens today, EU citizens will in future have to give notice at a Register Office if they wish to get married in the UK (even to a British citizen). But as the explanatory memo explains, “Irish citizens and individuals with status under the EUSS (or who have a pending application under the EUSS submitted by the deadline of 30 June 2021) will continue to be exempt”. The change will nonetheless cost the Church of England up to £1.9 million over ten years in lost fees from Reading of the Banns, an alternative to Register Office notification that will now be closed to many Anglican couples. >>> Court of Appeal reverts to Home Office-friendly approach to service of decision letters: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1527.html The Court of Appeal has decided in Alam v Secretary of State for the Home Department [2020] EWCA Civ 1527 that sending a decision letter to a person’s last known address will generally be sufficient proof that the letter has been received. To prove otherwise, it must be shown the letter was intercepted and did not arrive, not merely that the person was unaware of the letter. The importance of keeping the Home Office up to date The central lesson remains the same: advising the Home Office when you move address is important. If the Home Office sends an important letter to an old address, despite you updating them with your new address, they will not be able to get past the first hurdle of showing that the letter was posted to the last known address (as required by the legislation). But if you have not told them your new address, they cannot really be blamed. The burden will fall on you to prove that the letter was not received i.e. not delivered to your last known address. This is likely to be difficult. You can update your address using this form on the gov.uk website.

Пожалуйста. Я был рад помочь Вам.

Я обычно писал сопроводительное письмо в таком случае, объясняя ситуация. Все клиенты получали PSS. Возможно Вы так же могли сходить к частному доктору, сдать анализы и т.п. и получить справку на имя ребенка ? Или что-то в этом роде.

23 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Q & A: EU frontier workers visas in the UK From the UK BA: ⦁ What is the general thinking around making the permit a type of exemption from immigration control rather than a type of immigration permission? Frontier workers have rights under the citizens’ rights agreements which means they must continue (as now) to be exempt from the requirement to hold leave to enter or remain in the UK. ⦁ How, if at all, will the COVID pandemic be taken into account when assessing a person’s eligibility for a frontier worker permit? For example we know of individuals who ordinarily travel into the UK for work but have not done so since the lockdown started in March. Will flexibility be given on this? Guidance for applicants to the scheme who have been affected by illness or travel restrictions due to Covid-19 will be published shortly. ⦁ Can exemption from immigration control as a frontier worker be used for individuals who wish to continue to work or be self-employed in the UK only occasionally in the future, provided their pattern of work or self-employment in the UK meets the definition of not being primarily resident in the UK as set out in The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (the frontier worker regulations), reg 3(3)? We have answered this and your following question together below. ⦁ What will be the minimum amount of previous work/self-employment in the UK that will be accepted when making an initial frontier worker permit application or renewal (if this has already been confirmed), or alternatively, when is guidance on this point expected to be made available? For instance would someone who travels into the UK to work once a month be deemed to be a worker? Frontier workers must have met (at 11pm 31 December 2020) and continue to meet thereafter all three elements of the definition of frontier worker at Regulation 3. i.e. they are: ⦁ an EEA national; ⦁ not primarily resident in the United Kingdom; and ⦁ either— 1. a worker in the United Kingdom; 2. a self-employed person in the United Kingdom; or 3. a person treated as a worker or self-employed person in the United Kingdom by virtue of regulation 4. This covers a broad range of economic activities, from people who cross the border every day, to those who come less frequently or for longer periods of time. It includes those whose only work activity is in the UK, and those for whom only part of their overall activity is in the UK. If an EEA citizen has carried out genuine and effective work in the UK by the end of the transition period whilst residing elsewhere, their rights are protected under the Agreements. For as long as person continues to meet the definition of frontier worker, they have rights under the agreements. We will publish guidance in due course which will set out in detail who will be considered a worker or self-employed person under the frontier worker scheme. We will publish guidance in due course which will set out in detail who will be considered a worker or self-employed person under the frontier worker scheme. ⦁ What will be the position for a person who holds a frontier worker permit, but who wishes to come to the UK during the period of its validity for a recreational visit – will they still be able to enter in reliance on the permit? A frontier worker is only exempt from the need to hold leave to enter or remain in the UK by virtue of their frontier worker rights (i.e. the rights they have as a frontier worker under Part 2 of the Withdrawal Agreement, Part 2 of the EEA EFTA Separation Agreement or Part 2 of the Swiss Citizens’ Rights Agreement). If they wish to come to the UK for a purpose other than work or self-employment, such as a recreational visit they will need leave, for example, as a visitor. ⦁ Will a person who has valid leave under the EU Settlement Scheme be precluded from holding a frontier worker permit? (We think the answer to this is yes but would be grateful for confirmation) The EU Settlement Scheme provides the necessary leave for those resident in the UK prior to 31 December 2020, whereas frontier workers are required not to be primarily resident in the UK. The two schemes should not overlap in the majority cases. A person who has valid leave under the EU Settlement Scheme does not need a frontier worker permit to work or be self-employed in the UK as they already have those rights. There is no benefit to the EU Settlement Scheme leave holder in holding a frontier worker permit. However, a person who has valid leave under the EU Settlement Scheme is not precluded from holding a frontier worker permit where they meet the requirements of The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020. Similarly, EEA citizens who are frontier working in the UK may have been resident in the UK for sufficient periods in the course of their work here to be eligible for the EU Settlement Scheme. ⦁ Regarding the second query above, we would in particular be interested to know whether a person whose activities in the UK ordinarily fall within the range of activities allowed under the Immigration Rules for business visitors will be considered eligible for a frontier worker permit. We are aware that for some of our clients, some of their time spent in the UK will be of this nature, but it may also extend to productive work on other occasions. The work a frontier worker carries out in the UK must be ‘genuine and effective’, and not marginal and ancillary to their lifestyle as a whole. ‘Not marginal and ancillary’ means the economic activity carried out in the UK must not involve so little time and money as to be largely irrelevant to the lifestyle of the applicant whilst in the UK. For example, attending an interview or an individual meeting, or taking part in one off competitions or auditions in the UK would not be considered genuine and effective work. ⦁ If there are any other points that the Home Office would like to emphasise to stakeholders about the arrangements for frontier worker permits, please can you also let us know? Applications for the frontier worker permit scheme will open on 10 December this year. Applications for a frontier worker permit will be made online, and will be simple, streamlined and free of charge. Until 1 July 2021, protected frontier workers can continue to enter the UK using a valid passport or national identity card. There is no deadline for making applications to the frontier worker permit scheme. However, from the end of the grace period (1 July 2021) frontier workers will be required to hold a valid frontier worker permit in order to evidence their right to enter the UK on this basis. Irish citizens have a right to enter the UK under existing Common Travel Area arrangements which is independent of their right of admission as a frontier worker. This means Irish citizen frontier workers are not required to obtain a frontier worker permit to come to the UK and work, although they can apply for one if they wish.

20 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Employers handed 246 pages of guidance on new worker sponsorship system: https://www.gov.uk/government/publications/sponsor-a-tier-2-or-5-worker-guidance-for-employers "The document from hell just got longer". Now it contains the whapping 246 pages. First off, the guidance now runs to 246 pages in total. Somehow, they’ve managed to add another 37 pages to what was already a hideously long set of instructions. Secondly, they’ve divided what was at least a single, easily searchable document into five separate documents: -Part 1: Apply for a licence -Part 2: Sponsor a worker – general information -Part 3: Sponsor duties and compliance -Sponsor a Skilled Worker -Sponsor an Intra-Company Worker For now, it seems that anyone hoping for a more simplified sponsorship system at this point in time will be disappointed and may need professional legal advice (such as from the Legal CEntre, www.legalcentre.org), to pass the "246 hurdles" of the new Guidance >>> No procedural unfairness in refusing work visa where sponsor doesn’t engage: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1525.html In the recent case of Topadar v Secretary of State for the Home Department [2020] EWCA Civ 1525 the Court of Appeal considers two questions: 1. At what point is an immigration application decided by the Home Office? 2. Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)? The answers: 1. When a decision is issued – an administrative review of that decision is not an extension of the decision-making process; 2. No – there is no absolute or universal requirement that the Home Office must give an applicant prior notice of something that might affect the consideration of their application. 21 November 2020 – 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)7791145023 (WhatsApp/Viber) >>> Pandemic rules for immigration appeals declared unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2020/3103.html Upper Tribunal immigration appeals during the coronavirus pandemic are unlawful. Mr Justice Fordham held that the President of the Upper Tribunal’s guidance leans too heavily in favour of deciding cases on the papers rather than having a hearing, a situation that is “inconsistent with basic common law requirements”. The tribunal must now write to everyone who lost a paper appeal since 23 March 2020 telling them to seek legal advice. The case is Joint Council for the Welfare of Immigrants v President of the Upper Tribunal (Immigration and Asylum Chamber) [2020] EWHC 3103 (Admin).

Ваша BRC карта действительна только до 30-06-2020. Вам нужно позаботиться и подать иммиграцитнное заявление на замену BRC (EU law) на BRP по UK Immigration Law (Indefinite Leave to Remain) до вышеуказанного срок. У меня сейчас пару десятков клиентов по замене карточек. Пока не поздно все сделать.

"Tomorrow's news today" Бонусы работы в различных комитетах по иммигрциии. Вчера получил из Home Office для предварительного ознакомления. Поделиться до публикации в public domen не могу, т.к. "...the guidance is being shared on a strictly confidential basis ... The guidance cannot be published on public forums or discussed publicly.". С 01-12-2020 должны появиться "для всех остальных" в открытом доступе.

https://www.nidirect.gov.uk/articles/apply-national-insurance-number