British Lawyer

"Не прошло и пол-года"... Прощай, IDV App ? Apparently, the IDV app is now finished, according to the following formal statement: "Return to normal UKVCAS service We are delighted to let you know that the normal UKVCAS service will resume on 21 September 2020. This means that UKVCAS customers will be able to book an appointment at a UKVCAS Service Point as soon as they register with UKVCAS and no longer need to wait to receive an invitation email from us. From 21 September onwards, ALL customers will need to book an appointment at one of our Service Points. The IDV app will only be available to some T4 students." https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=74833

17 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) >>> UK Immigration Rules on overstaying - Paragraph 39E – possible changes The Home Office asked for ILPA’s views on less restrictive alternatives to paragraph 39E. ILPA recommended that the time limit of 14 days should be abolished and that a ‘good reason’ is sufficient to discount a period of overstaying. Alternatively, ILPA said a return to a 28-day grace period, which was the position prior to Statement of Changes HC 667, would be welcomed. Further, ILPA highlighted members’ concerns that paragraph 39E should not be redrafted in isolation. Contrary to R (Ahmed) v SSHD [2019] EWCA Civ 1070, ILPA urged the Home Office to make clear that where an application for leave to remain has been accepted in reliance on paragraph 39E that a future application for ILR will not be prejudiced. >>> Implementing allowed appeals The Home Office guidance states that allowed appeals should be implemented and leave should be granted in line with the determination, unless the determination is being onwards appealed or the decision being appealed is being re-opened. When allowed appeals are not concerned with ILR then the Immigration Health Surcharge can be charged. If payment is not then made and the appeal is allowed solely on human rights grounds, the appellant will be granted 30 months leave but may have to pay for some medical treatment. Caseworkers are reminded that they cannot refuse to implement a Tribunal’s determination because they believe (i) the Tribunal lacked jurisdiction or (ii) disagree with the determination.

Ускоренное рассмотрение визовых заявлений в России снова работает. В России снова можно подавать заявления на ПМЖ (супружеские визы aka виза жены британца и т.п.) по принципу ускоренного рассмотрения за 30 рабочих дней. Проверено на практике вчера, когда Legal Centre подал заявление клиентки в России через UK VAC Moscow.

А вот и первые решения начали приходить после использования IDV App. - Заявление: AN (гражданство) - IDV App: ID Verification сделано 29 августа 2020 года - Решение: Naturalization approved - пришло сегодня, 14 сентября 2020 года

Автору нужно разобраться в том, что она/он делает. Иначе это - путь в никуда. Автор может попробовать разобраться самостоятельно через существующие формальные источники или во время консультации на родном языке здесь: https://legalcentre.org/Konsultacija-s-Advokatom.html

Если автор - не гражданка EU, то EUSS Family Permit ее отцу обычно не положен.

11 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) >>> Statement of changes to the Immigration Rules: HC 707 – “new Points-Based Immigration System” rules for students - https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-707-10-september-2020 Follow up - the detailed overview of the changes. On 10 September 2020, the government laid the first Statement of Changes of the infamous “new Point-Based Immigration System”. It includes the addition of five new appendices. The Explanatory Memorandum also tells the one that: "The routes are the first to be simplified in line with the recommendations of the Law Commission in its report, ‘Simplifying the Immigration Rules’, to which the Government responded on 25 March 2020. The Immigration Rules will eventually be consolidated in the new style." The changes relate to students: what have so far been known as the Tier 4 and Tier 4 (children) routes will now be Appendix ST: student and Appendix CS: child student. The new age of simplification is now upon us. In addition to Appendix ST and Appendix CS, there are 3 new appendices, whose names tell the one what they are about: Appendix ATAS; Appendix English Language and Appendix Finance. While those apply to students for now, they are likely to apply to other routes as the new system continues to be unrolled. While applicants will need to refer to all those appendixes in an application; they no longer will need to look at part 6A; part 8; part 15; Appendix A; Appendix C; Appendix E; Appendix H and Appendix 6. Five Appendices is better than eight, are they not ? In terms of timeline, the changes will take effect on 5 October 2020 at 0900. Applicants made before then will be considered in line with the Rules in force at the time. What is new for students Apart from the rejigging of Appendices and Rules above, the main changes are as follows: - Brexit did happen. We are coming to the end of the transition period. This means that the rules will apply to EEA nationals. EEA nationals applying in-country will only be able to make an application from 1 January 2021. For those applying for Entry Clearance, visas will only be granted to start on 1 January 2021. EEA nationals also apparently need to use the form which other applicants only use in-country, even if applying out of country. This should all be clearer once the forms are out. - The list of countries with “different (i.e. easier) documentary requirements” is expanded to include EEA countries and Switzerland - Appendix ST and CS contain their own rules regarding when an application made is valid (rather than those rules being at part 1 of the Rules). Importantly, in addition to the usual validity requirements such as having to submit a passport and enrol biometrics, some requirements which used to be eligibility requirements are now validity requirements. In particular: > The applicant must provide a Confirmation of Acceptance for Studies reference number that was issued to them before the date of application. > If applying in-country, the applicant cannot be here on certain routes (see below) or on immigration bail > An applicant who needs consent from a government or international sponsorship agency must have that at the date of application The reason why this is important to note is because an application which is rejected as invalid rather than refused may interrupt the applicant’s section 3C leave, and therefore make them an overstayer. - In terms of switching, the rules are better. While previously only those already on Tier 4 leave (and only sponsored by some institutions) and Tier 2 leave could applying in-country, now everyone will be able to except those in the UK as visitors, short-term students, parents of a child student; season workers, domestic workers in a private household or those outside of the Immigration Rules. - One can apply for Entry Clearance up to 6 months before the start of the course (as opposed to 3 months). For in-country, the timeframe is still 3 months. - The eight-year time limit on studying courses at postgraduate level has been removed (the five-year limit for degree level courses is still there) - There are points to score. Yet they are non-negotiable so the old refrain of it not really being a point-based system applies. Changes to English language requirement - An applicant will meet the English language requirement if they have a GCSE, A level, or Scottish Highers in English in the UK which they obtained while under 18 - The list of English countries is expanded to include Malta and Ireland - Changes to financial requirement - There is more flexibility as to where the funds can be held. While the rules as they are now indicate funds must be in cash, it will now be more about whether they can be immediately withdrawn. So funds can be in pension and investments accounts, for example, as long as the funds can be accessed immediately. Shares, bonds, credit cards won’t work - Financial institutions where the funds are held must use electronic record keeping - Students who are applying for permission to stay in the UK and have been living in the UK with permission for 12 months or more on the date of application won’t need to meet the financial requirement - Students applying for leave as a Student Union Sabbatical Officer or to study on a recognised Foundation Programme also won’t need to meet the financial requirement Changes to ATAS requirement - There is now a list of countries whose nationals are exempt from the ATAS requirement. They are the usual suspects: EEA countries, Switzerland, Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA Two final notes: - Short-term students still need to refer to Part 3 of the Rules; they are not included in Appendix ST and CS. - From what it now seems implied in the new Rules, the one won’t be able to switch from student to investor Overall, not many substantive changes, but a taste of what the new rules will look like.

Добрый день, У Вас ряд детальных вопросов, которые сложно обсудить на открытом форуме. Я здесь, если нужна детальная консультация: https://legalcentre.org/Konsultacija-s-Advokatom.html

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11 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) >>> Statement of Changes to the Immigration Rules (HC 707): https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-707-10-september-2020 The changes mainly concern the new student and child student rules, which will replace the Tier 4 routes closing on 5 October 2020. The main differences are: -EEA nationals will be included within the student rules. -The new rules permit for increased switching within the study route and increased switching between routes within the 'Points Based System'. -The eight-year time limit on studying courses at postgraduate level has been removed. - Students will only be required to prove the required level of English language to the Home Office once. - The new rules no longer require applicants who have met the maintenance requirement on their current route to meet it again if they have been supporting themselves in the UK for more than a year. There is also more flexibility around meeting the maintenance requirement e.g. relying on a wider range of accounts. -Appendix ATAS has been inserted and sets out the current - Academic Technology Approval Scheme requirements. - Appendix A - Paragraphs 113 to 125-SD have been deleted and the requirements moved into Appendix ST: Student or Appendix CS: Child Student (as appropriate). - The Student Dependent rules are now contained in Appendix ST: Student. - Insertion of new Appendix ST: Student makes provision of a valid CAS a validity requirement rather than an eligibility requirement. - 70 points must be awarded for: study (CAS, course requirement, approved qualification, level of study and place of study requirements (50 points)), financial requirement (10 points) and English language requirement (10 points). - Insertion of Appendix CS: Child Student.

А вот так сейчас выглядят решения о продлении британских супружеских виз. Home Office уже формально пишет, что решение высылается по почте (Served by Email). Решение приходи в виде Email с приложением в формате .pdf.

Увы, это не первоисточник...

Похоже, UK BA Caseworker спешил донести до Legal Centre решение о том, что заявление этой украинской клиентки о натурализации как британской гражданки было одобрено. Формат документов немного отличается от того, что я обычно вижу практически каждый день. Возможно, это некоторый новый стандарт. Кстати, биометрику клиентка сдала в это воскресенье вSopra Steria (не смогла через IDV app) 06-09-2020. А положительно решение пришло уже сегодня, через 3 дня, т.е. 09-09-2020.

А вот как проходят наши конференции с Home Office. Теперь только online. Можно напрямую пообщаться, например, с Head of Work, Study, Family and Citzienship, UKVI, что сейчас и происходит.

Странная информация, т.е. раньше в первоисточнике был период 2 года. Ссылку дайте на Ваш источник ?

From the UK BA, 09 September 2020: >>> IDV application The IDV app successfully launched on 17th August and so far 44,250 people have been invited to use it, 32,364 people have used it and it has a satisfaction score of 4.31/5. UKVI are continuing to work through the backlog of in-country extension applications, offering them the opportunity to use the app and invitations continue to be sent to eligible customers. Finally, there is a request from the Government for a Call to Evidence that will help inform an Integrated Review of Security, Defence, Development and Foreign Policy. If you are interested in responding please use this link: https://www.gov.uk/government/publications/integrated-review-call-for-evidence

09 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) >>> Grace period - Home Office - COVID19 From the Home Office: "People who had a visa that expired between 24th January and 31st July 2020 were exceptionally able to apply for an extension in country, if they were unable to leave the country because of covid-19 travel restrictions or self-isolation because of coronavirus. In addition, for people whose leave expired, including for those that had an in-country extension, between 24th January and 31st August there was a grace period from 1st and 31st August. We have now passed the 31 August date and, as travel restrictions are being lifted globally, there will be no extension to the terms of the grace period. Individuals affected will be expected to take all reasonable steps to leave the UK, or apply to regularise their stay in the UK. However, if people are wanting to leave the UK but are unable to (for example, because they cannot find a flight before their leave expires, or they have coronavirus) and they have leave that expires between 1st September and 31st October they can contact the Coronavirus Immigration Team (CIT) to request additional time to stay, also known as ‘exceptional assurance’. If a person is granted ‘exceptional assurance’, it will act as a short-term protection against any adverse action or consequences after an individual’s leave has expired. Exceptional assurance does not grant an individual leave. Further information on the end of the grace period and the process for applying for ‘exceptional assurance’ can be found here: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

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08 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) >>> Major Court of Appeal judgment revisits “unduly harsh” test and other key concepts: https://www.bailii.org/ew/cases/EWCA/Civ/2020/1176.html The lead judgment of Lord Justice Underhill contains far-reaching and important analysis of key aspects of UK deportation law. In doing so, it reverses decisions made by President Lane in the Upper Tribunal intended to give guidance on the same. HA (Iraq) is particularly fascinating in its treatment of the “unduly harsh” test as formulated by Lord Carnwath in KO (Nigeria) v SSHD [2018] UKSC 53. What is the correct test? Underhill LJ sets out his own observations on how the test should be interpreted in paragraphs 51-52: "The essential point is that the criterion of undue harshness sets a bar which is “elevated” and carries a “much stronger emphasis” than mere undesirability: see para. 27 of Lord Carnwath’s judgment, approving the UT’s self-direction in MK (Sierra Leone), and para. 35. The UT’s self-direction uses a battery of synonyms and antonyms: although these should not be allowed to become a substitute for the statutory language, tribunals may find them of some assistance as a reminder of the elevated nature of the test. The reason why some degree of harshness is acceptable is that there is a strong public interest in the deportation of foreign criminals (including medium offenders): see para. 23. The underlying question for tribunals is whether the harshness which the deportation will cause for the partner and/or child is of a sufficiently elevated degree to outweigh that public interest." But it is important not to forget the staged approach taken in the legislation: "However, while recognising the “elevated” nature of the statutory test, it is important not to lose sight of the fact that the hurdle which it sets is not as high as that set by the test of “very compelling circumstances” in section 117C (6). As Lord Carnwath points out in the second part of para. 23 of his judgment, disapproving IT (Jamaica), if that were so the position of medium offenders and their families would be no better than that of serious offenders. It follows that the observations in the case-law to the effect that it will be rare for the test of “very compelling circumstances” to be satisfied have no application in this context (I have already made this point – see para. 34 above). The statutory intention is evidently that the hurdle representing the unacceptable impact on a partner or child should be set somewhere between the (low) level applying in the case of persons who are liable to ordinary immigration removal (see Lord Carnwath’s reference to section 117B (6) at the start of para. 23) and the (very high) level applying to serious offenders." Note the complete absence in this description of the test of a comparative exercise between the facts in a given case against the level of harshness that would “necessarily” be suffered by “any” child. This is absolutely not how it has been interpreted in the tribunals or the Court of Appeal since KO (Nigeria) was handed down, which have generally been applying this test entirely literally, as in PG (Jamaica). Another prominent example is the Court of Appeal case of SSHD v KF (Nigeria) [2019] EWCA Civ 2051: "Given the changes to the law introduced by the amendments to [the] 2002 Act, as interpreted by the Supreme Court, it is necessary to look for consequences characterised by a degree of harshness over and beyond what every child would experience in such circumstances." This is exactly the type of overly-literal interpretation of the Supreme Court’s judgment that Underhill LJ has breezily dismissed as wrong. See also his warning (paragraph 56) against treating KO (Nigeria) as establishing a touchstone of whether the degree of harshness goes beyond “that which is ordinarily expected by the deportation of a parent”. Underhill LJ expressly addresses the anticipated criticism that this represents a rather different approach than had gone before (see para 61), and a deviation from the test laid down by the Supreme Court. But it is really hard to see that this does not represent a significant change in the law. Other important points There is so much in this decision that it would be easy to overlook the concurring judgment of Peter Jackson LJ on the best interests of the child in these assessments (paragraphs 151-163), and particularly the law on the treatment of “emotional harm” as equal to physical harm (para 159). The judgment covers other important points that may be of interest: "Confirms that in the proportionality balance that falls to be struck in a deportation case the seriousness of the relevant offending is established by the level of sentence: see SSHD v Suckoo [2016] EWCA Civ 39 (para 94) But it is inappropriate for a tribunal not to give credit for a reduced sentence because it was reduced as a result of a guilty plea (paras 146-149) Reaffirms the importance of British citizenship in the best interests of the child calculation: (paras 113-114) Mentions the limited utility of factual precedents (paras 127-129) Confirms that rehabilitation can be relevant in the section 117(6) assessment (paras 132-143)"

07 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) >>> Call for evidence: An inspection of UKVI’s ‘Front End Services’: https://www.gov.uk/government/news/call-for-evidence-an-inspection-of-ukvis-front-end-services The Independent Chief Inspector invites anyone with knowledge and experience of UKVI’s ‘Front End Services’ to submit their evidence for his forthcoming inspection. >>> Update your EU Settlement Scheme details guidance: https://www.gov.uk/update-eu-settlement-scheme-details Use this service if you’ve applied to the EU Settlement Scheme and you’ve changed your: - mobile phone number - email address - name - identity document - UK address

From the Sopra Steria in relation to the IDV Application use/rollout: “With regard to timescales, we have been rolling out the IDV app in phases, working in date order from the earliest to the most recent, based on the registration date to UKVI. It took us a little longer than expected to prepare the system for 'Group Applicants' which meant that some cases were delayed, but this has now been resolved. We expect to send out invites to ALL eligible IDV applicants who registered with UKVI and UKVCAS up to 31 July 2020 by 7 September 2020. We are also on track to send out invites by 14 September 2020 to IDV applicants who registered with UKVI during August 2020. This checklist on the IDV application / Sopra Steria web-site use: • The applicant uploads all documents for customer using the UKVCAS website • The applicant downloads IDV app to own device • The applicant completes the ‘selfie’ photo, liveness check and photo of travel document • The applicant submits application to UKVI on the IDV app • The applicant then logs out of the IDV app • The application process is complete “

04 September 2020 >>> Coronavirus (COVID-19): Biometric enrolment, reuse and evidencing status Guidance: https://www.gov.uk/government/publications/coronavirus-covid-19-biometric-enrolment-reuse-and-evidencing-status?utm_source=Free+Movement&utm_campaign=60ef370f92-Daily+forum+updates&utm_medium=email&utm_term=0_792133aa40-60ef370f92-116194677&mc_cid=60ef370f92&mc_eid=1af5cd4d48 Policy guidance on considering handling requirements for enrolling or reusing biometrics or issuing a temporary status letter instead due to reduced capacity for enrolling or where an applicant is unable to enrol their biometrics in the UK.

Пожалуйста. Я рад был помочь Вам.

Пока ни одному из клиентов не пришло решение. То же самое и коллег с других фирм. Идет вторя неделя первых клиентов, кто сдал биометрику таким образом.

>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavi...tent=immediate Visa application centres reopening and other updates. "If your leave expires after 1 September 2020 You can submit an application form from within the UK where you would usually need to apply for a visa from your home country. You’ll need to show your application is urgent, for example if you need to start a new job or course of study. You’ll need to pay the fees and meet all requirements of your visa as normal, except the need to submit the application in your home country. This is being kept under review."