British Lawyer

05 October 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) >>> NHS surcharge increase has been postponed: From the Home Office: "The Immigration Health Surcharge increase has been postponed from 1st October due to debates being delayed. It will come into force later in October although an official date has not yet been announced. Best regards, Family and Asylum Support Policy | BICS Policy & International Group | Home Office" >>> Recruiting people from outside the UK from 1 January 2021: https://www.gov.uk/guidance/recruiting-people-from-outside-the-uk-from-1-january-2021?utm_source=add941a0-9e4a-4a05-b1f7-24d27d136b5a&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Guidance for employers. From 1 January 2021 you’ll need to have a sponsor licence to hire most workers from outside the UK. >>> UK points-based immigration system: employer information: https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information?utm_source=f2254bfa-32ef-4f50-a6a0-03a186ba6be5&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Information to help employers prepare for the UK’s new points-based immigration system. >>> Tier 4 - If you’re a Student or Child Student applicant in the UK and have given your fingerprints before If you’re applying in the UK as a Student or Child Student (including Tier 4 student), UK Visas and Immigration (UKVI) may be able to reuse your fingerprints. If UKVI can reuse the fingerprints you’ve already given, you’ll be emailed with instructions on how to send them an image of your face and your supporting documents. This will mean you do not have to attend a UKVCAS or an SSC service point appointment to provide biometric information. If you cannot send the information through the instructions given, you’ll be able to book an appointment. >>> Application for a Visa4UK application refund: https://www.gov.uk/government/publications/application-for-a-visa4uk-application-refund?utm_source=15ca702f-39e6-4ec2-9174-394c53ace04f&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Form to request to cancel a Visa4UK visa application and request for a refund if you applied outside the UK. >>> Coronavirus (COVID-19): jobs that qualify for travel exemptions: https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules?utm_source=1441b950-aba2-4dc0-936b-c2c4d91f66b8&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Jobs that qualify for exemptions from self-isolation or passenger locator form requirements. >>> Immigration health surcharge: applying for reimbursement: https://www.gov.uk/government/publications/immigration-health-surcharge-applying-for-a-refund?utm_source=7ce78ec1-5e7b-43a0-a285-66d9636e8770&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily How to apply for your immigration health surcharge (IHS) reimbursement if you work in health and care. >>> Frontier workers in the UK: rights and status: https://www.gov.uk/guidance/frontier-workers-in-the-uk-rights-and-status?utm_source=892abfbe-4da6-48cd-a3ca-6c3191f49e3d&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily >>> Points-based system sponsor licensing: renewals: https://www.gov.uk/government/publications/points-based-system-sponsor-licensing-renewals?utm_source=4753b99b-d35e-4726-9422-32d612ed6cf8&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Immigration staff guidance on renewing a sponsor’s licence. Guidance for frontier workers who want to continue working in the UK or who wish to begin employment in the UK.

"Учиться, учиться и еще раз учиться". Во время конференции/тренинга с Queen's Counsel (QC) по теме "Current developments in the detention case-law".

02 October 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) >>> NHS and social care workers can now get an Immigration Health Surcharge refund: https://www.gov.uk/government/news/health-and-care-staff-can-claim-immigration-health-surcharge-reimbursement The government has launched an Immigration Health Surcharge refund scheme for NHS and social care workers. Migrants working in a hospital or care home who don’t have a Health and Care visa will continue to pay the surcharge up front, but can claim it back every six months. During the pandemic, the Prime Minister promised to exempt migrants propping up the healthcare system from the £400 a year visa tax. That promise was partially fulfilled by waiving the charge for Health and Care visa applicants when that route launched in August. The refund scheme is for people who are in the UK on a visa granting a “generic right to work”, such as Youth Mobility, and who happen to get a job with the NHS or in social care. They will be eligible for a refund for every continuous six-month period they work in qualifying roles for an average of 16 hours or more a week. Home Office guidance gives details of the application process and the jobs that qualify (in Annex A). Unlike the Health and Care visa, which is restricted to certain healthcare professionals, a wide range of occupations is catered for, including care workers and hospital support staff. Refunds are backdated to 31 March, so people can now apply to get their money back for the six-month period covering April-September 2020. The exception is those on a Tier 2 (General) visa, who cannot use the refund process and must instead email IHSrefunds@homeoffice.gov.uk to ask about getting their money back. >>> Digital-only status for EU citizens “creates a real risk of harm”, experts warn: https://publiclawproject.org.uk/resources/digital-only-status/ Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof of immigration status only exists online, according to the Public Law Project. Millions of EU citizens with settled and pre-settled status have been denied physical proof of their status and the Home Office is planning to go digital-only across the board. The report calls for there to be a physical fall-back option if the digital system does lead to problems.

Отличные новости, поздравляю !

Так рождаются иммиграционные законы. Legal Centre регулярно участвует и вносит определенный вклад в создание того или иного иммиграционного закона или процедуры. В данном случае вы можете видеть мою (Антон Коваль) совместную работу с коллегами из Home Office и Her Majesty's Courts and Tribunals Service (HMCTS) по обсуждению проекта online апелляций для заявителей за рубежом (Out-of-Country appeals). Зачастую используется "профессиональные жаргон", например, "принцип Мойдодыра" (kitchen sink). Разумеется, в финальной версии буду использованы формальные термины. Я прилагаю все усилия чтобы тот или иной пункт Правил или процедур был одинаково просто и понятен как для коллег из Home Office/HMCTS, так и для иммигрантов и членов их семей.

Вчера видел статью одного коллеги-баристера, где указывалось, что НА БУДУЩЕЕ (ПМЖ, гражданство) вся резиденция в UK по EU SS должна быть genuine. То есть с самого начала желательно планировать нормальную жизнь в UK: приехать и остаться. Иначе может в будущем "аукнуться". Как сейчас происходит с частно мед. страховкой для граждан EU, кто подает на гражданство и у кого не было частной мед. страховки раньше, когда она была нужна для некоторых категорий граждан EU.

А вот как выглядит письмо с BRP карточкой по категории супруг(а) британского гражданина/гражданки. BRP обычно ожидает заявителя на почте по месту жительства британского супруга(супруги). Такая BRP выдается на срок в 2.5 года по категории Appendix FM Partner ака "супружеская визы". После продления BRP выдается еще на 2.5 года. После 5 лет можно подавать на ПМЖ (ILR) и сразу на гражданство.

Новая виза для граждан EU с 01-01-2021 >>> New visa for the EEA nationals in the UK from the 1st January 2020 - the Fronrier Worker's Permit: https://www.gov.uk/guidance/frontier-workers-in-the-uk-rights-and-status Frontier workers are people who work in one country but who live primarily in another. Free movement laws enabled this working pattern to develop and flourish within the EU, but Brexit has left frontier workers who commute into the UK in a precarious position. What it is all about ? Many frontier workers will be able to secure long term status under the EU Settlement Scheme or get an intra-company transfer visa. But for those who are not eligible for these schemes, the Brexit Withdrawal Agreement offers some protection. Under its terms, the UK has to ensure that frontier workers who began working here before the end of the implementation period can continue to do so once free movement comes to an end. The government’s solution is the frontier worker permit. The draft Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 were finally released last week. These provide the framework for the frontier worker permit and some long-overdue insight into how frontier workers can secure their status. Who will be eligible for a frontier worker permit? Regulation 3 gives us the key definition. For the purposes of getting a permit, a frontier worker is someone who met the following criteria before 31 December 2020 and has continued to meet them since: - They are an EEA national (including Swiss nationals) - They are not primarily resident in the UK - And they are one of the following: >A worker in the UK >Self employed in the UK >A person who has retained the status of being self employed/a worker under Regulation 4 So the frontier worker permit will only be available to those who begin working in the UK before 31st December 2020 and who continue in this working pattern until they come to apply. Interestingly, there is no deadline for making an application, so the frontier worker permit may function as a handy backup option for EEA nationals who need to move into this category once they are unable to qualify in another. What does “not primarily resident” mean? This is set out by paragraph 3 of Regulation 3. Someone will be considered as primarily resident in the UK if at a “particular point in time” they can show one of the following: - They have been present in the UK for less than 180 days in the 12 month period immediately before the relevant day - They have returned to their country of residence at least once in the last six months or twice in the last 12 months before the relevant day unless there are exceptional reasons for not having done so. When you consider that other definitions of frontier working require someone to return to their home country “daily or at least once a week”, the definition of residence under the regulations is phenomenally broad. It will, for instance, encompass people who spend the vast majority of their time in the UK and rarely return to their home country. This is why the permit may end up being a bit of a safety net, particularly for people who have pre-settled status and who fail to qualify for settled status before their five-year visa expires. Provided they have remained working in the UK during this period and made the odd trip home every six months, a frontier worker permit may offer them an option to retain a UK immigration status. How often do you have to come to the UK to qualify? On the flip side, just how little time will someone need to spend working in the UK in order to qualify for a permit? For instance, will a business visitor be able to secure a frontier worker permit if they only come to the UK once a month or even less often? The answer is unclear from the regulations alone. One will need to see Home Office guidance for further clarity. It will depend to a large degree on how the Home Office interprets who is and who is not a “worker”. The regulations only state that they will follow the meaning of a worker under Article 45 of the Treaty on the Functioning of the European Union which preserves the right of free movement of workers across the EU. Under EU case law, work must be “genuine and effective” to benefit from free movement rights, but there is little consensus about how this translates into hours on the job. There has been little thought so far given to EU workers who need to travel into the UK for business visits and whose activities go beyond the current range of permitted activities that visitors can do whilst in the UK. The strict prohibition on productive work under the Immigration Rules means that such people need a viable visa option. It would be a welcome relief if the frontier worker permit could meet some of that need. How do you “retain” frontier worker status? This is set out fully in Regulation 4. It allows a worker to retain their frontier worker permit if they have had to stop working due to a range of circumstances. These include stopping work due to illness or an accident, unemployment, vocational training, pregnancy or childbirth. Someone falling into one of these categories can retain their frontier worker permit for two years (or six months if they have stopped working due to unemployment after working in the UK for less than a year). What does one know about the application process? The application process will be online, via the gov.uk website. Applicants will need to submit evidence of their identity and their frontier worker status. They will receive an electronic status rather than a physical ID card, probably along the lines of what is granted under the EU Settlement Scheme. The application process will open after the end of the implementation period. Frontier workers will not need a permit to enter the UK until after 30 June 2021 — so they will have the six-month grace period between January and June 2021 in which to apply. What do you get if successful? If approved, the frontier worker permit will be valid for five years for workers, but only two years for the self-employed and workers who have retained frontier worker status under Regulation 4. If someone ceases to be a frontier worker they are at risk of having the permit revoked and being removed from the UK. The permit does not confer leave to enter or remain under the Immigration Act 1971; the holder will be exempt from immigration control. It will, however, constitute a right of admission to the UK. It therefore does not lead to indefinite leave to remain (settlement) in the UK. The permit can be renewed but it’s not likely to allow the holder to clock up time towards a ten-year long residence application due to the strict absence criteria. Anyone wanting to secure long term status in the UK will need to consider their options under the EU Settlement Scheme or the general work visa system. Can applications be refused? Loss of frontier worker status can lead to an application being refused, as can reasons of public policy, public security or public health. An application can also be refused under Regulation 20 on the ground that there is a “misuse” of frontier worker rights. This is a sort of genuineness test: there will be a misuse of rights if someone intends to “obtain an advantage from these Regulations by engaging in conduct which artificially creates the conditions required to satisfy the criteria set out in these Regulations”. Likewise if an applicant “observes the requirements of these Regulations in circumstances which do not achieve the purpose of the withdrawal agreement”. This provision is pretty vague and offers the Home Office plenty of leeway to refuse an application. There needs to be much more clarity on this, particularly as the definition of who is a frontier worker is so wide-ranging that someone could easily meet it but then be deemed to be “misusing” the regulations. Administrative review and appeal rights will be available once the regulations are in force from 31 December 2020. Conclusion Whether the frontier worker permit is a panacea for cross-border working remains to be seen. There is plenty of flexibility within the regulations to cover a whole host of working patterns and the benefits of a permit that can be renewed indefinitely are extensive when compared to trying to get a regular visa, as workers from the EU will otherwise have to do from January 2021. As these permits will only be available to those who start working in the UK before the end of the year, now is the time for cross-border workers to consider whether it might work for them. As with so many things Brexit-related, the clock is ticking.

Переводчики, учителя, рабочие и др. профессии могут получить визу Tier 2(General) В дополнение ко вчерашней новости о том, что будет обновлен т.н. Shortage Occupation List. Теперь и владельцы следующих профессий могу рассчитывать на получение виз Tier 2(General) по новым правилам (когда ону будут введены): 70 new job types being added to Shortage Occupation List Under the government’s new Points-Based Immigration System, the minimum salary required to sponsor an overseas worker will be £25,600, unless the worker has a PhD — or is being hired for a role that appears on the Shortage Occupation List. The minimum salary for a shortage job will instead be £20,480. As the Migration Advisory Committee says in its major review of the Shortage Occupation List, published today, this “fundamentally alters the nature of the SOL”. A job being included on the list will mean that employers can sponsor someone for a visa at a salary up to 20% lower than would otherwise be allowed. In its last review of the list in May 2019, the Migration Advisory Committee recommended that roles accounting for 9% of UK employment be listed as shortage occupations. This latest review boosts that to 14% (assuming the government accepts the committee’s recommendations, as it is expected to). 70 new job types will be added to either the UK-wide shortage list or to those specific to Scotland, Wales and Northern Ireland. They include senior care workers, nursing assistants, butchers, bricklayers and welders. The table below shows the proposed additional changes from the current list - 3412 Authors, writers and translators Only the following jobs in this occupation code: • Interpreter - 1181 Health services and public health managers and directors All jobs in this occupation code - 1242 Residential, day and domiciliary care managers and proprietors All jobs in this occupation code - 2213 Pharmacists All jobs in this occupation code - 2314 Secondary education teaching professionals - Modern foreign language teachers - 3111 Laboratory Technicians All jobs in this occupation code - 3131 IT operations technicians All jobs in this occupation code - 3539 Business and related associate professionals n.e.c. Only the following jobs in this occupation code: • Data analyst • Business Analyst - 3565 Inspectors of standards and regulations Only the following jobs in this occupation code: • Meat Hygiene Inspectors, also known as Official Auxiliaries - 5112 Bricklayers and masons All jobs in this occupation code - 5119 Agricultural and fishing trades n.e.c. Only those jobs in the fishing industry - 5212 Moulders, core makers & die casters All jobs in this occupation code - 5215 Welding trades All jobs in this occupation code - 5223 Metal working production and maintenance fitters All jobs in this occupation code - 5231 Vehicle technicians, mechanics and electricians All jobs in this occupation code - 5241 Electricians and electrical fitters All jobs in this occupation code -5249 Electrical & electronic trades n.e.c. Only the following jobs in this occupation code: • Fire alarm technicians • Electronics hardware design engineers - 5431 Butchers All jobs in this occupation code - 6131 Veterinary nurses All jobs in this occupation code - 6141 Nursing auxiliaries and assistants - All jobs in this occupation code - 6144 Houseparents and residential wardens All jobs in this occupation code - 6146 Senior care workers All jobs in this occupation code - 9119 Fishing and other elementary agricultural occupations n.e.c. Only the following jobs in this occupation code: • Deckhands on large fishing vessels (9 metres and above) with at least three years full time experience using their skills The Scotland-only Shortage Occupation List will look like this: - 3234 Housing officers All jobs in this occupation code - 6121 Nursery nurses and assistants All jobs in this occupation code - 6122 Childminders and related occupations All jobs in this occupation code Wales gets its own shortage list: - 2219 Health professionals n.e.c. All jobs in this occupation code - 3234 Housing officers All jobs in this occupation code - 5112 Horticultural workers All jobs in this occupation code - 5432 Bakers and flour confectioners All jobs in this occupation code - 5433 Fishmongers and poultry dressers All jobs in this occupation code

По срокам заявлений по регистрации детей британскими гражданами. Вот это заявление рассмотрели за 1 месяц. С даты online подачи до даты получения сертификата о регистрации ребенка клиентка как британского гражданина. Заявления детей рассматриваются приоритетно.

Home Office - на удаленке (до сих пор) Вот, получил сегодня отчет о работе одно из комитетов ILPA и Home Office. Бросилась в глаза следующея информация: "Home Office operational update - 11 September 2020 Since 23 March 2020, the Home Office has been operating remotely, with the exception that some staff had been coming into the office about once a week to carry out essential tasks such as scanning documents." Все на удаленку (С).

29 September 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) >>> Court of Appeal backs judge who ordered asylum seeker brought back to the UK: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1213.html The Court of Appeal has rejected an attempt by the Home Office to overturn a High Court order to bring an asylum seeker who had been removed under the unlawful Detained Fast Track system back to the UK. The case is R (PN (Uganda)) v Secretary of State for the Home Department [2020] EWCA Civ 1213. >>> Some 70 new job types being added to Shortage Occupation List: https://www.gov.uk/government/publications/review-of-the-shortage-occupation-list-2020 Under the government’s new Points-Based Immigration System, the minimum salary required to sponsor an overseas worker will be £25,600, unless the worker has a PhD — or is being hired for a role that appears on the Shortage Occupation List. The minimum salary for a shortage job will instead be £20,480. As the Migration Advisory Committee says in its major review of the Shortage Occupation List, published today, this “fundamentally alters the nature of the SOL”. A job being included on the list will mean that employers can sponsor someone for a visa at a salary up to 20% lower than would otherwise be allowed. In its last review of the list in May 2019, the Migration Advisory Committee recommended that roles accounting for 9% of UK employment be listed as shortage occupations. This latest review boosts that to 14% (assuming the government accepts the committee’s recommendations, as it is expected to). 70 new job types will be added to either the UK-wide shortage list or to those specific to Scotland, Wales and Northern Ireland. They include senior care workers, nursing assistants, butchers, bricklayers and welders. There is also good news for vent chicken sexers and deckhands working on large fishing vessels (9 metres and above). Both these jobs are to be reclassified at the RQF3 skill level, making them eligible for sponsorship. Deckhands with three years’ experience will be on the Shortage Occupation List as well. Finally, the committee recommends that in future there should be regular annual updates of the Shortage Occupation List, instead of as and when. It suggests a minor update in 2021 and a more thorough review in 2022.

Такое впечатление, что 07-09-2020 Home Office включил станок, печатающий Naturalization Approval letters. Радует, что письма приходят уже с т.н. Naturalization Ceremony invitation и не нужно отдельно ждать Invitation Letter. До сих пор не понятен смысл высылки Approval Letters (с задержкой в 3 недели) по почте. Летом 2020 такие письма высылались как приложения по Email. Без задержек. Местные горсоветы принимали электронные письма (.pdf) без проблем.

Продолжают приходить положительные решения по заявлениям клиентов на получение британского гражданства, поданных в апреле 2020 года. Как всегда, с задержкой примерно в 3 недели, если смотреть на дату на письме и на дату фактического получения письма. В некоторых случаях одновременно приходят письма о том, что заявление клиента одобрено + приглашение на церемонию (в одном письме) + сразу и приглашение из того или иного Council. В данном случае решение пришло по получения гражданства заявителем, кто ранее приехал в Великобританию по категории Tier 1 (Investor).

26 September 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) >>> What is the legal status of EU citizens during the post-Brexit “grace period”? Free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to the UK to work and study will have to meet the requirements of the new points-based immigration system. Existing residents have until 30 June 2021 to apply for settled or pre-settled status under the EU Settlement Scheme. But what of the EU/EEA/Swiss citizens and their family members who already live in the UK (or move here before 1 January), and who only make their Settlement Scheme application in the first six months of 2021? To allow for this six-month “grace period”, the Home Office has laid before Parliament the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020. Why is there a settled status grace period? The grace period is crucially important. There is an unknown number of eligible people yet to apply under the Settlement Settlement, many of whom are potentially vulnerable. There are also those who erroneously believe that the scheme does not apply to them (perhaps due to living in the UK for decades) and those who have not received the necessary support to make a successful application. Added to this is the concern that there could be significant numbers of people inadvertently putting their ability to obtain settled status at risk if they have been left stranded abroad for a long time. These problems have led to calls for the government to consider extending the grace period. If the deadline for Settlement Scheme applications is not pushed back, the risk is that those who do not meet the 30 June deadline — through no fault of their own — are forced into the hostile environment for undocumented migrants. The Home Office’s intransigent answer to this reasonable suggestion is found in Regulation 2: "The end of 30 June 2021 is the deadline for submission of an application for residence status." With the deadline emphatically stated, we turn to the immigration status of EU citizens during the grace period. What is the legal status of existing residents during the grace period? An explanatory memo accompanying the regulations summarises the position: "For those EEA citizens who are lawfully resident in the UK by virtue of free movement law immediately before the end of the transition period, and who do not yet have status under the Scheme, and for their relevant family members, this instrument saves their existing residence rights in the UK." Regulation 3 gives effect to this. It says that for citizens to be covered, they must immediately before the end of the transition period (referred to as “Implementation Day”, be either “lawfully resident in the United Kingdom by virtue of the EEA Regulations 2016”, or “had a right of permanent residence in the United Kingdom under those Regulations”. The relevant parts of the EEA Regulations are being “saved”, so that they continue to give such people the legal right to live in the UK until the end of the grace period. By then, they should — hopefully — have been granted a replacement legal status under the Settlement Scheme. What about people who don’t satisfy the EEA Regulations? Not all EU citizens actually have a right to reside under the EEA Regulations: for example, self-sufficient persons and students who do not hold Comprehensive Sickness Insurance (at least on the Home Office’s interpretation). They nevertheless have the right to apply under the Settlement Scheme before 30 June 2021. As the Home Office has stated that hostile environment policies will kick in from 1 July 2021 for those who fail to meet the application deadline, the assumption is that — at least on a practical level — their presence in the UK for the grace period will be tolerated until then. But it is clear from the wording of the explanatory statement that the Home Office does not consider such people lawfully present in the UK. Yet it is getting worse. Most people who apply for settled/pre-settled status before 30 June 2021, but don’t receive a decision until after that date, will benefit from the equivalent of Section 3C leave. But that is only for those who have an EEA Regulations right to reside to carry over. Those without preserved residence rights are not covered by this provision. Even if they meet the Settlement Scheme — and therefore comply with the key demand made of them by the Home Office — they do not benefit from this Section 3C equivalent. This would mean facing hostile environment measures from 1 July, at least until they get a decision. There is still time for the Home Office to reflect on the deficiencies in these regulations and make adjustments to ensure that everyone eligible for the Settlement Scheme has full legal protection during the grace period and beyond.

25 September 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 end of the Tier 2 cooling-off period may happen soon The new Immigration Rules for the Skilled Worker will soon replace the Tier 2 (General) in the new Points-Based Immigration System. Some good news is starting to emerge. The cooling-off period, which has seen many a skilled migrant having to spend a year outside the UK before they can return to work, will not be carried over to the new Skilled Worker route. The Home Office has been actively engaging with stakeholders in recent weeks to explain some of the finer details of the system. The Home Office presentation, which was shared with the stakeholders, showed that “there will be no ‘Cooling off’ periods in the skilled worker route”. The Home Office has said that the new Immigration Rules for Skilled Workers would be published in the autumn. Given that they have just published the rules for the new student route, which is due to go live on 5 October, the Skilled Worker rules are also imminent. It would make sense for publication to coincide with the Immigration Bill completing its passage through Parliament — it’s almost there — and the Migration Advisory Committee publishing its report on the new Shortage Occupation List, due before the end of this month. What about cooling off for those who intend to stay in the ICT route? The Home Office has already confirmed in its Further Details document published in July that: "We plan to replace the existing rules with a rule that more simply requires that an overseas intra-company transfer must not hold entry clearance or leave to enter or remain as an intra-company transferee for more than five years in any six-year period, except where they qualify to be granted up to nine years on the basis of their salary." What all this means in practice is that anyone who is currently making plans based on the current cooling-off period rules should, if possible depending on the visa expiry date, wait until the new system goes live. They should then be able to benefit from the new rules. >>> Immigration Health Surcharge increase to £624 delayed: https://www.freemovement.org.uk/what-is-the-immigration-health-surcharge/ The Immigration Health Surcharge will no longer increase from £400 to £624 on 1 October 2020 as originally planned. The draft order setting a 1 October date for the increase has been replaced by a new draft order which still hikes up the surcharge but only comes into force 21 days after it is made into law. Since it hasn’t yet been made, it cannot come into force on the 1st October 2020. >>> EU deportation protections continue after Brexit From next year there will be two categories of EEA national: 1. Those who began their residence in the UK before 31 December 2020; and 2. Those who began their residence in the UK after 31 December 2020. The law a person is subject to will depend on which category they fall into. Family members of EEA nationals will be similarly categorised. They get all the same rights as the EEA citizen, even if they are a national of a non-EEA country. The EU law rules on deportation will continue to apply to EEA nationals and their family members who fall within the first category. For those in the second category, the harsher UK rules on deportation will apply. These preserved EU deportation rules will apply to anyone granted settled status, pre-settled status or a family permit under Appendix EU (Family Permit). They will also apply to anyone eligible to apply, even if they have not done so. What’s the difference between EU and UK deportation rules? The EU rules on deportation focus on rehabilitation and risk of re-offending. A person must be a threat to be deported. They cannot be deported solely because of their conviction, or in pursuance of a policy of general prevention. An EEA national cannot be deported because the government want to send a political message that the UK is tough on foreign criminals. The decision to deport must be based exclusively on the personal conduct of the person concerned. It is up to the Home Office to justify why deportation is necessary. The UK rules on deportation are almost the direct opposite. Someone sentenced to over a year in prison is automatically subject to deportation. The Home Office does not need to justify deportation, beyond pointing to the criminal conviction which makes the person a “foreign criminal”. Deportation of foreign criminals is in the public interest, and it is up to the individual to show that one of the stringent exceptions to deportation applies. Given these stark differences, the preservation of the EU rules on deportation is not a mere technicality. It provides significant protection to EEA citizens against removal from the UK. If you are an EEA citizen, and find yourself on the wrong side of the law, the first question you need to answer is: did you come to the UK before or after 31 December 2020? The answer to that question will most likely determine whether or not you are able to stay in the UK. >>> Asylum outsourced: private firms to carry out asylum seeker interviews The Home Office is planning to outsource asylum interviews to commercial contractors. A pilot programme designed to address the mounting backlog of asylum claims will see private outsourcing firms conduct interviews with often vulnerable asylum seekers. Refugee charities are likely to oppose the move, which was unveiled yesterday in a circular from the Home Office team that processes claims for refugee status. The list of strategic suppliers includes companies such as Capita, G4S, Mitie, Serco and Sopra Steria. While Home Office staff will still make the final call on the asylum claim, contractors will “conduct substantive asylum interviews [and] gather evidence and information that enables a decision to be made”, according to a Q&A document circulated alongside the letter. Interview preparation will continue to be done by in-house decision makers. >>> Personal data breaches by the Home Office soar to over 4,000 last year: https://www.gov.uk/government/publications/home-office-annual-report-and-accounts-2019-to-2020 ersonal data breaches at the Home Office rose 55% last year to over 4,000. There were 4,204 “personal data related incidents” in 2019/20 compared to 1,895 in 2018/19, according to the department’s annual report and accounts. They included “loss of inadequately protected electronic equipment, devices or paper documents” and “unauthorised disclosure” of personal data. Officials deemed only 25 data loss incidents significant enough to report to the Information Commissioner’s Office, down from 35 the year before.

Не рекомендую IDV App. Намного дольше заявления через них рассматривают. Попробуйте взять слот через Sopra Steria.

24 September 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) >>> When will the 24-hour UK BA visa serice be re-instated ? It was mentioned during the ILPA conference that the 24-hour service would be re-instated on the 5th October 2020. This is not guarantee, of course.

23 September 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) >>> Can I leave the UK following the submission of my application ? I stil have my passport on me. Apparently, NO, in line with the current para 34X(2) Withdrawal of applications: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#pt1stay 34X. (1) An application which may only be brought from within the UK and has not been determined will be treated as withdrawn if the applicant requests the return of their passport for the purpose of travel outside the UK. (2) An application which may only be brought from within the UK and which has not been determined will be treated as withdrawn if the applicant leaves the UK. (3) The application for administrative review may be withdrawn by the applicant. A request to withdraw an application must be made in writing to the Home Office at the address provided for that purpose on the visas and immigration pages of the gov.uk website. The application will be treated as withdrawn on the date on which the request is received. (4) An application for administrative review which has not been determined will be treated as withdrawn if the applicant makes an application for entry clearance, leave to enter or leave to remain. (5) Sub-paragraphs (1) and (2) above do not apply to an application for administrative review made under Appendix AR (EU). >>> Can I submit my Entry Clearance application while I am in the UK ? Apparently, NO. It was reported during the ILPA meeting that the Home Office can refuse Settlement (Long Residence Application (SETLR), for example) and probably other applications, if the Entry Clearance application was lodged online while the applicant was still in the UK

Отличные новости. Поздравляю !

Вопреки ожиданиям, с 21-го сентября 2020 года Home Office не вернул т.н. 24-hour service рассмотрения визовых заявлений, поданных в Великобритании. Возможно, в ближайшем будущем ситуация изменится. Пока же заявление на продление визы, получения ПМЖ и т.п. возможно только подать на основании т.н. Standard Route (6 months)... Ситуация на 23-09-2020:

Не прошло и недели, как вышеуказанное сообщение исчезло с сайта UK BA. И теперь речь идет о продолжении работы IDV App как ни в чем не бывало: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=74833 " Update about the IDV app The IDV app has been successfully rolled out over the last five weeks to deal with the delays caused by COVID-19. We are now fully up to speed and are successfully submitting thousands of applications each day to UKVI. All customers who are eligible for biometric reuse and registered with UKVCAS up to 18 September 2020 will have received an invitation from us to download and use the IDV app by 23 September 2020. After you have submitted your application on the IDV app, all supporting information is sent to UKVI within 24 hours. UKVCAS cannot provide any status updates about your application once it has been submitted to UKVI. The unprecedented impact of COVID-19 means that UKVI are unable to maintain their usual service standards for all applications made in the UK. UKVI understands that this means some applicants are waiting longer for a decision. If you urgently need a decision about your visa, please contact UKVI here."

Обычно нет если подает взрослый заявитель (да - если ребенок с родителями).

Увы, нет. Обычно просят еще документы (bank statements, utility bills) - это из практики... Если хотите так попробовать - лучше сразу подавать на EUSS как приедете.

В вот как сейчас выглядят решения по заявлениям мамы и ребенка на натурализацию. Сертификат ребенка сразу высылается на дом.