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Весь контент British Lawyer
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Если есть право работы, почему бы нет ?
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Достаточно просто ответить на вопрос, как она задан в анкете.
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Не меняются свидетельства о натурализации. Какие были и пару дестков лет назад, такие же остаются сейчас. Гражданин России. Натурализация. Рассмотрели за пару месяцев. Приглашение на церемонию пришло через несколько недель. Всего от даты подачи заявления до получения сертификата о натурализации: примерно 4 месяца.
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17 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) >>> Replace or correct a UK citizenship certificate: https://www.gov.uk/get-replacement-citizenship-certificate Guidance on how to replace or correct an error in the Naturalziation certificate
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16 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) >>> UK BA advice on collection of Biometric Residence Permits (BRP) for customers arriving from overseas Customers arriving from overseas, and who have been allocated a BRP, should collect their BRP at their designated collection point at the earliest opportunity upon arrival in the UK unless they are required to quarantine in line with UK government guidance. Those customers required to quarantine should not collect their BRP until after they have completed this period of isolation. Customers are reassured that BRPs will be held at their designated collection point for up to 90 days from the start date printed on their vignette and will be available for collection once they have fulfilled any quarantine requirements. Customers will not face any penalties if they are unable to collect their BRP within ten days of arrival in the UK due to quarantine requirements. Further details on collecting a BRP can be found here: https://www.gov.uk/biometric-residence-permits/collect >>> 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 >>> Frontier workers in the UK: rights and status: https://www.gov.uk/guidance/frontier-workers-in-the-uk-rights-and-status?utm_source=d31c2a41-6794-4150-90c2-f38a48a1ad07&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Guidance for frontier workers who want to continue working in the UK or who wish to begin employment in the UK. >>> Fees for citizenship applications and the right of abode: https://www.gov.uk/government/publications/fees-for-citizenship-applications/fees-for-citizenship-applications-and-the-right-of-abode-from-6-april-2018 Added a biometric enrolment fee: there is a separate fee of £19.20 for each person requiring biometric enrolment which must be paid in addition to the application fee. >>> Appendix FM guidance: COVID-19 financial requirement update : https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members?utm_source=62b5c7e4-db58-4d14-b7c2-494d7e5eb2d9&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Coronavirus(COVID-19)concession Instruction for handling cases which raise the impact of the 2020 COVID-19 pandemic as grounds for not meeting the minimum income requirement in an entry clearance, leave to remain or indefinite leave to remain applications under the family Immigration Rules. This guidance sets out the approach you must take over defined periods, when deciding a case, to ensure applicants are not disadvantaged as a result of circumstances beyond their control because of COVID-19. Income received via the Coronavirus Job RetentionScheme or the CoronavirusSelf-Employment Income Support Scheme can count as employment or self-employment income. Where there is evidenceof a temporary loss of income due to COVID-19 during the period 1 March 2020 and 1 January 2021 you will apply the following concessions: •a temporary loss of employment income between 1 March and1 January 2021 due to COVID-19, will be disregarded provided the minimum income requirement was met for at least 6months immediately prior to the date the income was lost - this is for a loss of employment income between 1 March 2020 to 1 January 2021 due to COVID-19 an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme or job support scheme will be deemed as earning 100% of their salary •a temporary loss of annual income due to COVID-19 between 1 March 2020 and 1 January 2021 will generally be disregarded for self-employmentincome, along with the impact on employment income from the same period for future applications. •evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions
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Нет. Вам пора на консультацию, чтобы не "наломать дров".
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Из недавнего. Работа с коллегами из Home Office, ILPA, JCWI и Courts and Tribunals по текущей ситуации в Appeal and Administrative Revewes. Участие у ежегодной конференции с коллегами из Home Office, ILPA и т.п. по Economic Migration. Будет много изменений. О большинстве я уже сообщал ранее. Напоминаю: "For example, a welcome change is that Tier 2(ICT) migrants will be able to switch into the Skilled Worker (formerly Tier 2 (General)) route in-country. There will no longer be a cap on the amount of time a Skilled Worker can work in the UK. The immigration cap will be abolished. The relevant skills threshold will be lovered from RQF6 to RQF3. The salary threshold has also been lowered."
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12 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) >>> The Immigration Act 2020: https://services.parliament.uk/bills/2019-21/immigrationandsocialsecuritycoordinationeuwithdrawal.html The Immigration Act 2020 has arrived. The new legislation — the full title of which is the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 — passed into law on 11 November 2020. The Act is much shorter than any of the other Immigration Acts but makes wide-ranging changes to how EU citizens will be treated by immigration law. The government’s stated intention was to pass an Act ending free movement by repealing the domestic legislation which gives effect to EU law immigration rights, paving the way for its new Points-Based Immigration System. The Act also addresses the special situation of Irish citizens. Repeal of free movement legislation Section 1 of the Act repeals a long list of provisions which were essential for implementing EU free movement law in UK immigration law. In particular, it repeals: - Section 7 of the Immigration Act 1988 – this exempted EU nationals from requiring leave to enter and remain. - Article 1 of the Workers Regulation – this gave EU nationals the right to work in the UK as if they were British citizens. - All EU-derived rights saved by section 4 of the European Union (Withdrawal) Act 2018 – this had preserved rights which depended on the EU treaties and the UK’s EU law obligations. Just in case these explicit repeals are insufficient, there is also a general repeal of anything else related to free movement in Schedule 1, paragraph 6: "Any other EU-derived rights, powers, liabilities, obligations, restrictions, remedies and procedures cease to be recognised and available in domestic law so far as— (a) they are inconsistent with, or are otherwise capable of affecting the interpretation, application or operation of, any provision made by or under the Immigration Acts (including, and as amended by, this Act), or (b) they are otherwise capable of affecting the exercise of functions in connection with immigration." That provision could hardly be any broader and clearly makes sure all aspects of free movement law are taken off the statute book. The government shouldn’t find itself caught out later on by a forgotten provision of EU law which rises from the dead and disrupts the Brexit plan. But such a broad, unspecific repeal provision undermines legal certainty. The legislation removes any EU law which might get in the way of domestic immigration law. It is impossible for anyone, including the government, to be exactly sure what else is repealed by this provision. The Immigration Law Practitioners’ Association (ILPA) has suggested that the following provisions might have been repealed even though they are not about free movement: - Protections for victims of trafficking in the Anti-trafficking Directive 2011/36/EU - Protections for asylum seekers in the Reception Conditions Directive 2013/33/EU - Protections for victims of crime in the Victims Rights’ Directive 2012/29/EU The one will only know for certain once a court has considered the status of these pieces of legislation. Henry VIII powers At the same time, Parliament has given the government a broad power to make regulations altering primary legislation in connection with free movement. These are known as the “Henry VIII powers”. Section 4 of the Act provides: "The Secretary of State may by regulations made by statutory instrument make such provision as the Secretary of State considers appropriate in consequence of, or in connection with, any provision of this Part." This is the part of the Act which attracted the most criticism during its passage through the House of Commons. The power is not time-limited in any way and can be exercised whenever the government considers it to be “appropriate”, rather than a more limited test such as when it is “necessary”. Moreover, the first set of regulations made under this provision may be passed using the ‘made affirmative’ procedure, which means that they will come into force immediately and only lapse if not approved by both Houses of Parliament. Subsequent regulations will have to be laid in draft form and approved by both Houses before coming force, providing a better albeit still inadequate level of scrutiny. Again, the problem here is that provision is so broad. It could be used to change any legislation with a “connection” to free movement. As JCWI put it in a briefing before the Act came into force: "JCWI does not consider it acceptable for the Government to introduce a Bill which does not set out proposals for comprehensive reform to the immigration system, and 2 instead, asks Parliamentarians to vote on a “blank cheque”. The Bill gives the Secretary of State powers to introduce wide-ranging changes to the immigration system without substantive oversight." The scope of this power will be a matter for the courts and it should be hoped that they will carefully police its use. Immigration status of Irish citizens The headline outcome is that the Act preserves the special position of Irish citizens in UK immigration law. Section 2 amends the Immigration Act 1971 to state: "An Irish citizen does not require leave to enter or remain in the United Kingdom, unless subsection (2), (3) or (4) applies to that citizen." The exceptions in sub-sections 2, 3 and 4 refer to deportation and exclusion orders, The government stated during the passage of the Act that it intends to maintain its longstanding policy of only deporting Irish nationals where deportation is recommended by a criminal court or there are other exceptional circumstances. This clarifies the position of Irish nationals coming into the UK from outside the Common Travel Area (Ireland, the UK, Isle of Man and the Channel Islands). Previously, domestic law only exempted Irish nationals from the requirement to have leave to enter and remain if they had entered the UK from within the Common Travel Area. The effect of this was masked while the UK was a member of the EU because all Irish nationals were exempt anyway because of free movement laws. Now that EU free movement law is disappearing there was a risk of an arbitrary difference in the treatment of Irish nationals, which has been avoided by this legislation. There has been some frustration about the government’s policy on only deporting Irish nationals in exceptional circumstances has not been put into primary legislation. It is currently just a statement of policy and has not been placed in the Immigration Rules either. The future of the immigration system Much of the debate both inside and outside Parliament was about two things which form the key context of this Act but are not explicitly mentioned in it. The first is the Settlement Scheme for EU nationals currently living in the UK. The requirement to submit an application before a given deadline is going to inevitably result in a significant number of people missing out on settled status, creating both severe hardship for those left without any immigration status and a policy problem for the government. The second is the new Points-Based Immigration System. This Act was necessary to repeal free movement law but it does not contain anything about the new system, which is being introduced using secondary legislation to amend the Immigration Rules in the usual way. Those changes are much less high-profile, but tell the one much more about what the new immigration system will look like than the Immigration Act itself.
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Обычно в такой ситуации можете сразу подавать.
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Приветствую. Ваша дочь, учитывая ее возраст, обычно сможет только подать через год после получения EU Settled Status.
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>>> Changes to Student and Short-term Student routes from 1 December 2020 The Immigration Rules covering student visas were substantially revised in early September 2020, with the changes coming into force on 5 October. It did include some amendments to the rules for students, though, and this update is a brief overview of those further changes. The explanatory memorandum says: "In the Student and Child Student rules, the maintenance levels are being amended in line with the current home student maintenance loans. Minor corrections will be made to the rules as laid on 5 October 2020. A new Short-term Study route is being introduced for students who wish to come to the UK to study English language courses for between 6 and 11 months, replacing the current route. The study must be at an accredited institution. Students who wish to come to the UK to study for 6 months or less may now do so under the Visitor route." There are four of these “minor corrections”: 1. Maintenance levels are being increased from £1,265 to £1,334 per month inside London and from £1,015 to £1,023 for courses outside London. One positive change is that applicants can now rely on electronic bank statements without the need to grovel to the cashier to stamp every page 2. If students or their dependants have permission to work, they’ll no longer be prevented from working as a postgraduate doctor or dentist in training 3. There are new forms for EEA nationals who have a chipped passport and are applying as student dependants (paragraph ST 28.1). 4. Clarification that sponsors cannot assess the initial B1 English level needed by students, but in certain circumstances where the student is going on to study at degree level after a pre-sessional course, can self-assess that the student’s English will improve to level B2. There is also a new Appendix Parent of a Child Student. Its provisions are broadly comparable to the previous rules for this visa category, with a major added benefit: parents will now be granted the same length of leave to remain in the UK as the child, meaning that they won’t be required to re-apply every 12 months. Note that this arrangement can end sooner if the child turns 12 in the meantime. The Short-term Student route One sees more substantive changes with the introduction of the new Appendix Short-term Student (English language). This is described as a route for people over 16 who want to study an English language course for between six and 11 months at an accredited institution. The existing rules covering short-term students, in paragraphs A57A to A57H, are being deleted. The actual scope of the route has been narrowed. Amendments to the visitor rules now allow some people who previously needed a Short-term Student visa to apply for a visit visa instead. A visitor’s main purpose for visiting the UK can be to study here, and students in visitors’ clothing are now able to study for between 30 days and six months. The Short-term Student visa fills the gap for those who are looking to study an English language course for longer than six months but no more than 11 months. There is still a marked difference between the requirements for visitors who are studying and those on a Short-term Student visa, in particular the requirements in the latter route to provide evidence of their finances in a specified way and stick to a fixed course of study. Importantly, paragraph ST 1.4 prevents people on visit visas or Short-term Student visas from jumping over to the standard student route. In both cases, unlike in the normal student rules, an applicant will need to show evidence that they’ll be returning home. All these changes take effect on 1 December 2020.
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10 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) >>> Online Right to Rent checks launch later this month: https://www.check-right-to-rent.service.gov.uk (not live yet) Right to Rent checks can be carried out online and in real time from 25 November 2020 onwards. Under the new scheme, landlords will be able to conduct checks on whether prospective tenants are permitted to rent using a Home Office webpage (NB: It is not live yet). For now, the online checking service will only be available for EEA nationals and their family members who have been granted status under the EU Settlement Scheme; non-EEA nationals with a biometric residence permit, and Points Based System migrants. For anyone else, documents will still need to be checked manually or by putting in a request to the Landlord Checking Service if they have no documents. How will it work? How it works is set out in new guidance for landlords on Right to Rent checks. As with online Right to Work checks, the system involves the prospective tenant giving permission to the prospective landlord to view their Home Office immigration record by providing a “share code”. Using this share code and the person’s date of birth, the landlord can then log in to the website to check whether the prospective tenant matches the picture shown online. No physical documents are needed, but the guidance is clear that the check itself needs to be done in the presence of the prospective tenant or by video link. The system should confirm whether the renter has “continuous” or “time-limited” Right to Rent. The landlord will need to retain either a printed or electronic copy of the profile page during the tenancy. The guidance also warns landlords that: “If you enter into a tenancy agreement with someone on the basis of the online check, but it is reasonably apparent that the person in the photograph on the online service is not the prospective tenant, you may be liable for a penalty if they do not have the right to rent”. Who does it help? The Home Office is trying to reduce the “burden” placed on those who, like landlords, are now expected to act as Immigration Enforcement officers. It was because of this burden that the National Residential Landlords Association intervened in the JCWI case challenging Right to Rent. As noted by the Court of Appeal in its judgment earlier this year, the Right to Rent scheme has led to massive discrimination against migrants across the rental sector. But the court held that the discrimination was justified by the public interest in immigration control. It also held that any adverse effect on individuals was outweighed by the scheme’s “public benefits” in controlling immigration. So for now the scheme remains lawful, at least until the Supreme Court has its say. The online process will likely make things a lot easier for some of those who have struggled in the rental sector. For computer-literate people whose immigration status is straightforward, this will speed things up considerably. But things remain as tricky as ever for those whose immigration situations aren’t so clear and landlords faced with sanctions and administrative delays will continue to be put off from renting to them in favour of certain established categories.
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О отвечал про ILR. А так, да, визы обычно действительны до выданной даты. Но что и когда с ними можно/нужно делать, зависит от ситуации конкретной ситуации того или иного заявителя. Бросаться сразу все менять - нет смысла. Нужно детально разобраться в вопросе и принять решение. Это можно сделать здесь.
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Сегодня "экзотика". Решение о выдаче клиентке ПМЖ (ILR) на основании судебного прецедента "Zambrano carer". Вкраце, гражданка Украины + ребенок гражданин EU. Home Office вначале сопротивлялся. Отказали. Пришлось апеллировать. Получили временный статус и вот теперь - ПМЖ(ILR). Кому интересно, можете ознакомиться с сутью Zambrano здесь: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/865751/eu-settlement-scheme-person-with-a-zambrano-right-to-reside-v3.0-gov-uk.pdf
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Обычно да, т.к по категории Long Residence иждивенцы не могут получить ПМЖ вслед за главным заявителем идолжны или получать ILR по категории Long Residence самостоятельно, или переходить на другую категорию.
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09 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) >>> EU citizens unlawfully resident in the UK to stay that way during “grace period” The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in the UK unlawfully. The Home Office has now confirmed that people in this position will remain unlawfully resident in the post-Brexit “grace period” unless they successfully apply to the EU Settlement Scheme. The department has told the Immigration Law Practitioners’ Association (ILPA) that it has no plans to pull EU nationals out of possible illegality, despite passing regulations that could easily be tweaked to do the job. Comprehensive Sickness Insurance (CSI) essentially means having private health insurance or a European Health Insurance Card from one’s home country. The European Commission recently began the first stages of legal action to force the UK to change its position on CSI. It is important to stress that CSI is not needed to apply for or retain immigration status under the Settlement Scheme — the issue is people who have not yet applied. The grace period Although the transition period easing the UK out of the European Union comes to an end on 31 December 2020, there will be a further six-month grace period in which EU citizens can still apply for pre-settled or settled status. During that period, those who haven’t yet applied will have their existing EU law right to reside carried over, to ensure they still have a legal basis for living in the UK. That protection requires the person to have an EU law right to reside to carry over in the first place, though. Many EU citizens are, probably without knowing it, unlawfully resident already. Such people will not have any legal protection during the grace period either, although they can still apply to the EU Settlement Scheme to sort out their status until the end of the grace period on 30 June 2021. Unlawful residence as an EU citizen People who are working or self-employed don’t normally need to worry, but it does get complicated for people who are out of work, studying or self-sufficient. Such people can find that they no longer meet the conditions needed to keep their residence legal. This situation is variously referred to as “not exercising Treaty rights”, “not being a qualified person” or “not satisfying the EEA Regulations”. The most notorious practical example of where people turn out to lack legal status is if they are students or self-sufficient and lack Comprehensive Sickness Insurance. “Self-sufficient” would include, say, stay-at-home parents who aren’t working because their partner is the breadearner. The number of people in this situation is unknown and probably unknowable, since it normally only comes to light when the state takes a close look at someone’s legal status: when they apply for benefits, for example, or for British citizenship. The Home Office position The regulations confirming the grace period for settled status applications do nothing for people who are unlawfully resident. They preserve the EU law rights only of people who have EU law rights to preserve. On 2 October 2020, ILPA wrote to the Home Office raising concerns about this situation. It said that people in this situation “could… face difficulty in, e.g., accessing services such as healthcare, or employment, during the grace period, or during the time that any in-time application is decided, or appeal is pending”. The letter also pointed out that a situation where people are living their lives in breach of the law is not much of a “grace period”. ILPA recommended that, instead of the grace period regulations protecting the legal status of those “lawfully resident”, they could refer to those “resident or present” in the UK. The Home Office position is that nothing has changed. Replying to ILPA on 22 October, a senior official said: "An EEA or Swiss citizen or their family member who is resident in the UK at the end of the transition period but who does not have permanent residence and is not exercising Treaty rights – as a worker, self-employed person, self-sufficient person, student or family member – will still be able to apply to the [EU Settlement Scheme] by the deadline of 30 June 2021. They will not have residence rights under EEA free movement rules to be protected during the grace period, which is their current position, and they will not be able to start exercising free movement rights in the UK after free movement to the UK has ended at the end of the transition period. However, they will still be able and encouraged to secure the status they need under UK law to continue living in the UK beyond 30 June 2021 by obtaining status under the scheme." The letter goes on to say that “it was never the Government’s intention” to do anything about unlawful residence beyond what it is required to by agreements with the EU. Becoming lawfully resident The Home Office 2helps those who help themselves". As the letter points out, people unlawfully resident can remedy that situation fairly easily by applying to the EU Settlement Scheme. For that purposes of that scheme, Treaty rights and Comprehensive Sickness Insurance and all the rest of it are irrelevant; living in the UK is the main criterion. A successful Settlement Scheme application makes unlawful residence go away, in other words (although it will remain a problem for a naturalisation application for up to ten years). The department has also advised employers and landlords that they should continue to hire and house EU citizens who can show a passport or ID card, without making further enquiries as to their legal status, until 30 June 2020. That should limit the odds of any Windrush-like experiences for EU citizens in this position — although that relies on government advice being properly communicated, and complied with. And after 30 June, for those who miss the application deadline, all bets are off.
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Добрый день. По какой категории основной заявитель получил ILR ?
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07 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) >>> Immigration and asylum interviews exempt from English lockdown A blanket lockdown began today — in England; other jurisdictions are available — and runs for 28 days. During that time, people are not to leave home “without reasonable excuse”. The lockdown regulations include a list of things that automatically qualify as a reasonable excuse, although it is non-exhaustive so other excuses that are reasonable will also qualify. The list of reasonable excuses is in regulation 6 of the Health Protection (Coronavirus, Restrictions) (England) (No. 4) Regulations 2020 (SI 2020 No. 1200). There is a specific exception for visas and asylum: "(4) Exception 2 is that it is reasonably necessary for [the person concerned] to leave or be outside [their] home… (f) to access critical public services, including… (iv) asylum and immigration services and interviews. By contrast, the regulations enforcing Lockdown 1.0 in March did not explicitly say that asylum and immigration services were “critical public services”. They did include a separate exception for people to “fulfil a legal obligation, including attending court or satisfying bail conditions, or to participate in legal proceedings”, which appears again in the new regulations. The Home Office has also updated its guidance to emphasise that “our in-country immigration services (UK Visa and Citizenship Application Services, Service and Support Centres and English Language Test centres) will remain open” this time around: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#history >>> Extra information request for newly established businesses Questions the Home Office may ask the newly established Employers applying for a Tier 2 sponsorship licence: "We note that you are a newly established business. In order to fully consider your application, we require the following information: 1. How you will conduct Right to Work checks. 2. How you will store passport, biometric residence permit, and visa copies. 3. How you will monitor visa expiry dates. 4. Which contact details you keep for your employees. 5. How often you check that the contact details for your employees are correct and up to date. 6. How you record the previous contact details for your employees. 7. How you intend to inform us if there are any significant changes in the sponsored migrant’s circumstance, and in what time frame. 8. How you record absence history for your employees. 9. What conditions a sponsored migrant would be entitled to, such as holidays, sick pay, accommodation, allowances etc."
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Продолжается сокращаться срок между датой выдачи т.н. Naturalization Invitation Letter и датой получения самого Naturalization Invitation Letter. Несмотря на COVID19, Home Office "настойчиво" продолжает высылать такие письма по почте, в то время когда же основные решения (Naturalization approval) приходят по Email. Данное письмо-приглашения для клиента по его церемонии на натурализацию датировано 24 октября 2020 года было получено вчера, 05 ноября 2020 года.
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Пожалуйста. Я был рад помочь Вам.