British Lawyer

03 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) >>> Rights and status of frontier workers in the UK from 1 January 2021: https://www.gov.uk/government/publications/rights-and-status-of-frontier-workers-in-the-uk-from-1-january-2021?utm_source=922d54c8-9f71-47c9-900c-a35a16ec2818&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Guidance for frontier workers who want to enter the UK from 1 January 2021. >>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_source=2c90a714-54bf-441a-9dc7-f09e646c9eca&utm_medium=email&utm_campaign=govuk-notifications&utm_content=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." >>> Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5 and Appendix W): https://www.gov.uk/government/publications/guidance-for-dependants-of-uk-visa-applicants-tiers-1-2-4-5?utm_source=888808a8-f9f6-4d4a-9798-4db9e91211de&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Updated guidance. >>> Family life (as a partner or parent), private life and exceptional circumstances: https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance?utm_source=ee56ceb3-f2fc-4bfb-a79d-a4d81a300d26&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Updated information about applying for a change of conditions. >>> Human rights claims on medical grounds: https://www.gov.uk/government/publications/human-rights-claims-on-medical-grounds?utm_source=a7420725-95ef-46e0-9216-66d1534373a3&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate Updated guidance in respect of guidance on transplant cases and reflecting the recent case law on medical issues and the Article 3 test. >>> Appendix FM family members (immigration staff guidance): https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members?utm_source=0c4addf1-f744-43f0-8331-67cd928851b4&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate COVID-19 financial requirement concessions have been updated. Income received via the Coronavirus Job Retention Scheme or the Coronavirus Self-employment Income Support Scheme can count as employment or self-employment income. Where there is evidence of a temporary loss of income due to COVID-19 during the period 1 March 2020 and 31 August 2020 certain concessions apply (see p.69) >>> Appendix FM family members - maintenance: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members?utm_source=0c4addf1-f744-43f0-8331-67cd928851b4&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate COVID-19 financial requirement concessions have been updated. Income received via the Coronavirus Job Retention Scheme or the Coronavirus Self-employment Income Support Scheme can count as employment or self-employment income. Where there is evidence of a temporary loss of income due to COVID-19 during the period 1 March 2020 and 31 August 2020 certain concessions apply (see p.31) >>> EU Settlement Scheme: family and travel permits: https://www.gov.uk/government/publications/eu-settlement-scheme-family-permits?utm_source=a94b9c2a-0add-4a58-934d-3e700dc8d368&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Amendments have been made to reflect the changes to Appendix EU (Family Permit) relating to family members of the people of Northern Ireland. Applications under the EU Settlement Scheme by family members of a relevant person of Northern Ireland as defined in Annex 1 to Appendix EU have been possible since 24 August 2020. >>> EU Settlement Scheme: evidence of relationship: https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-relationship-to-an-eu-citizen?utm_source=c8bd408d-cb3c-4c25-bd6e-2280284d3205&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Now includes how to show someone is the dependent relative of a person of Northern Ireland. >>> EU Settlement Scheme caseworker guidance: https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance?utm_source=78cc0f28-a983-4629-9a47-340fd497c769&utm_medium=email&utm_campaign=govuk-notifications&utm_content=daily Amendments have been made to reflect the changes to Appendix EU (Family Permit) relating to family members of the people of Northern Ireland. Applications under the EU Settlement Scheme by family members of a relevant person of Northern Ireland as defined in Annex 1 to Appendix EU have been possible since 24 August 2020. >>> Applying for a UK visa: approved English language tests: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests?utm_source=9c93d0f5-47bd-4956-935e-219788b8bcc9&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate List of tests and test centres approved by UK Visas and Immigration to show that applicants have the required level of English for their visa. >>> Workflow routing: visitor, short-term student and overseas domestic worker: https://www.gov.uk/government/publications/workflow-routing-visitor-short-term-student-and-overseas-domestic-worker?utm_source=8e17b07f-783e-4b72-b413-9969c2481cd6&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate The guidance proposes a new interim process which removes the previous reliance on nationality and all Global Visa Risk Streaming (GVRS) data in the streaming tool.

На гражданство - нет разницы, работает ли заявитель или нет.

Вот так сейчас выглядят супружеские визы в Великобританию. Обратите на увеличенный срок действия первоначальной визы: срок действия визы увеличен с 30 дней до 90 дней из-за COVID19.

Приветствую. Если у человека есть ILR на основании брака с гражданином/гражданкой UK, и брак не расторгнут, этот человек может обычно подавать на гражданство сразу после получения ILR. "Лишний - 6-й год" ждут владельцы других типов виз.

Правила на ILR и на гражданство СИЛЬНО отличаются. Изложите вопрос четче.

01 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) >>> Bail accommodation system ruled “systemically unfair”: https://www.bailii.org/ew/cases/EWHC/Admin/2020/1912.html The Immigration Act 2016 brought about extensive changes to the support available to people on immigration bail. Since those changes came into force in January 2018, tens of thousands of people have struggled against the harsh new system, which has kept many indefinitely detained by the Home Office or has left them homeless with no support. It is a relief, then, that the High Court in Humnyntskyi v SSHD [2020] EWHC 1912 Admin has put the brakes on the new system, finding that it “does not come close” to a minimum standard of fairness. In a lengthy judgment, Mr Justice Johnson considered three joined judicial reviews alleging unlawful detention and, in one case, inhuman and degrading treatment under Article 3 of the European Convention on Human Rights (ECHR). After finding in the claimants’ favour in their individual claims, the judge concluded that the system “by some margin” created a risk of unfairness for all those who may be eligible for support under Schedule 10 of the 2016 Act. As the charity Bail for Immigration Detainees (BID) puts it, “this judgment has found the Home Office’s bail accommodation policies and its practices to be individually and systemically unlawful”.

Это как ? :-) "на гражданство по визе невесты с сетл статусом."

28 August 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 Home Office exchange rate policy: https://www.gov.uk/government/publications/exchange-rate-policy Ever wondered as to why there is a (big) difference between the expected UK BA fee charge and the actual UK BA fee charge ? Now you know.

27 August 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 Settlement Scheme rejects majority of Zambrano carers: https://www.gov.uk/government/statistics/eu-settlement-scheme-quarterly-statistics-june-2020 The Home Office has so far rejected the majority of EU Settlement Scheme applications that rely on Zambrano rights. New figures show that 770 of the 1,260 Zambrano carers applying for leave to remain under the scheme have been rejected (61%). Zambrano carers did not have a route to settlement in the UK before the EU Settlement Scheme. But the Home Office insists that potential Zambrano carers must have made an attempt to stay in the UK through the domestic immigration system first, before relying on EU law rights. The new figures also confirm anecdotal reports of a backlog in specialised applications. Since August 2018 there have been 7,200 applications invoking Zambrano, Surinder Singh, Lounes, Chen and Ibrahim/Teixeira, all of which involve a paper application form rather than the normal online process. Only 2,900 had received a decision by the end of June 2020. In total there have now been 3.4 million grants of status under the Settlement Scheme, with 50,000 refused, void, invalid or withdrawn.

25 August 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) >>> No Home Office duty of care to migrants hit by delays confirming leave to remain: https://www.bailii.org/scot/cases/ScotCS/2020/2020_CSIH_47.html The case of Advocate General for Scotland v Adiukwu [2020] CSIH 47 answers the question of whether the Home Office has a private law duty to grant a person discretionary leave to remain and issue them with a letter to allow them to take up employment once a tribunal has granted their appeal on human rights grounds. Apparently, it doesn’t. >>> Settleent application on a visitor's visa from another country is possible, according to the UK BA: "We’re telling all customers now that if they need to apply in another country due to VAC availability issues or travel problems, they can do and their application will be considered as normal".

Как под копирку продолжаю приходить письма-одобрения заявлений клиентов Legal Cenre по гражданству (натурализация). Заявления подавались в конце февраля 2020 года. Интересно, что все UK BA Naturalziation approval letters датированы 30 июля 2020 года. А приходят с 3-х недельной задержкой:

Кстати, те кто получил приглашение на сдачу биометрики через IDV App, так же могут взять слот как раньше через сайт Sopra Steria для сдачи биометрики в том или ином центре Sopra Steria. Вот, сегодня, в воскресенье, 23-08-2020 г. смотрел слоты для клиентки с юга Великобритании. Слоты были хоть на следующий день:

Сегодня несколько клиентов получили приглашение на IDV App и уже сдали биометрику (ID Verification) через приложение. Проблем в принципе не было. В одном случае liveliness check один из клиентов делал 2 раза.

То, о чем я раньше говорил. Во время COVID19 Home Office принимает положительные решения по заявлениям клиентов, но сами решения приходят с задержкой. См. на дату письма: 30 июля 2020 заявление клиента одобрено. А физически решение было только получено вчера, 20 августа 2020 года.

А вот как выглядит экран сайта Sopra Steria после того как загруженные документы отправлены в Home Office. Т.е. не достаточно просто загрузить (Upload) документы - нужно так же еще и нажать кнопку Submit (не всегда видна, т.к. находится в самом низу экрана).

20 August 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) >>> Useful briefing on changes to Northern Ireland family immigration rules Changes to family visa rules for people from Northern Ireland come into force on 24 August 2020. The following legal resource might also be useful to understand the current developments: a briefing from the Northern Ireland Human Rights Commission called EU Settlement Scheme extended to the people of NI: what does it mean for me?. It is written by nationality law expert Alison Harvey. As she points out: "The time frame for applications from those in the UK is 24 August 2020 to 30 June 2021. Close family members can join you in the UK after 30 June 2021, but only if you were in the UK before 31 December 2020 and the relationship existed before that date, or a child was born or adopted after that date. Those exceptions aside, after 30 June 2021 the scheme closes. EEA nationals and all the people of Northern Ireland will again fall under the immigration rules that apply to British citizens, people settled in the UK and refugees. Carpe diem: seize the day." These temporary concessions do not address the underlying issue of people born in Northern Ireland having automatic British citizenship, to which some people with an Irish nationalist background object.

UKVCAS IDV APP can now be downloaded from Android App store:https://play.google.com/store/apps/details?id=com.soprasteria.ukvcas.mobileapp

19 August 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) >>> How to use the slip rule to fix a permission to appeal error: https://www.bailii.org/uk/cases/UKUT/IAC/2020/249.html In the case of Ali (permission decisions: errors; slip rule) Pakistan [2020] UKUT 249 (IAC) the Upper Tribunal has held that there is a process for fixing massive errors in an immigration judge’s decision on permission to appeal — so not just to correct errors in a substantive ruling — and explains what that process is. The headnote: "(1) Rule 31 of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014 and rule 42 of the Tribunal Procedure (Upper Tribunal) Rules 2008 may each be employed in order to correct an error in a decision granting or refusing permission to appeal to the Upper Tribunal. In cases of obvious error, the Upper Tribunal Immigration and Asylum Chamber can, in general, be expected in future to proceed as follows. (2) Where the First-tier Tribunal permission judge has granted permission when the reasons make it evident they meant to refuse, an Upper Tribunal Judge, acting as a Judge of the First-tier Tribunal, will make the necessary correction under rule 31 of the FtTIAC Rules, as soon as the matter is identified, whether that is at case management stage, as a result of communication from a party, or otherwise. Although the matter can and should (as in the present case) be raised in a rule 24 response from the respondent, it is preferable for it to be addressed earlier, since a hearing may already have been arranged before that response is received. (3) Where the First-tier Tribunal permission judge refuses permission, but clearly meant to grant it, any renewal of permission before the Upper Tribunal should point out the error and ask for it to be corrected under rule 31. In any event, a party should inform the Upper Tribunal of the mistake. (4) In the Upper Tribunal, where a judge grants permission when they clearly meant to refuse, the error is unlikely to be identified at a case management stage, if and insofar as that stage is undertaken by the same judge, immediately after their mistaken grant. This highlights the point, emphasised in Isufaj (PTA decisions/reasons: EEA reg. 37 appeal) [2019] UKUT 283 (IAC), that it is the responsibility of the permission judge, whether in the First-tier Tribunal or the Upper Tribunal, to make sure there is no contradiction between their decision and the reasons for it. Otherwise, the points made above in respect of the rule 24 response apply also in this situation. (5) Where an Upper Tribunal Judge refuses permission to appeal, when they clearly meant to grant it, the decision is an “excluded decision”: section 13(8)(c) of the 2007 Act and cannot be appealed to the appropriate appellate court. A party should, therefore, apply for the Upper Tribunal to exercise its power of correction under rule 42. (6) The process just described applies only to those cases in which there is a clear and obvious contradiction between the intention of the judge who decided the application for permission and the order made on that application. In any other case, parties should proceed on the basis that the decision is that recorded in the relevant document and the Tribunal is likely to regard it as productive of delay and a waste of its resources to engage in an inter partes process in order to determine whether the slip rule should be applied."

19 August 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) >>> COVID19 and the UK Immigration update Overseas VACs Whilst the majority of our overseas Visa Application Centres have reopened, there remain some locations that are closed due to locally imposed restrictions, or where our commercial partner is unable to move staff or mobile equipment across regions to deliver services at smaller Temporary Enrolment Locations (‘TELs’). Please be aware that the reopening of locations continues to be subject to local conditions, and that customer or staff exposure to Covid-19 may affect our ability to operate. VACs are only being opened when it is safe, and customers and staff are protected. As we are sure you can appreciate, this remains a fluid situation that we continue to keep under daily review. As ever, to ensure you always have the most up to date information on which VACs are open, please check the relevant commercial partner website. - Europe, Africa and parts of the Middle East visit: uk.tlscontact.com - All other countries visit: vfsglobal.co.uk Please also note our updated guidance for customers outside of the UK who may be affected by VAC closures, that states: “If your VAC is still closed due to coronavirus restrictions, you can visit a VAC in any country worldwide, subject to that country’s entry requirements, to submit your application and biometrics. You’ll be able to make any type of application. This temporary concession will be reviewed by 30 November 2020.” This means that overseas visa customers whose usual VAC remains closed can apply at another VAC in any country, regardless of the type of application they are making. Whilst some VACs remain closed, or if some suspend services again due to imposition of additional local restrictions, paragraph 28 of the immigration rules will not apply to affected customers. Tier 4 guidance and concessions The latest guidance for gov.uk on Tier 4 temporary concessions has been published. This includes details on the following: • The ATAS (Academic Technology Approval Scheme) concession is no longer in place • Where SELT centres have re-opened the SELT concession is no longer available • Confirmation that Distance Learning will be in place for the entirety of the 2020/21 academic year • Clarification that the concession allowing students to apply for further leave in the UK isn’t restricted to individuals whose leave expires on or before 31 August. The concession has been extended until the launch of the Student route. • The concession regarding the period during which a new course must commence after the expiry of current leave has been extended until 31 December. • A concession has been added that permits students to downgrade to a lower level of an integrated course within the UK. • Confirmation that students who are undertaking distance learning are considered to be in term time and are restricted to the work hours stated on their visas. • Confirmation that the applicant must have arrived in the UK on or before 31 July to be able to switch from the Short-term study or visit route to the student route. Those applicants arriving after that date cannot switch under the concession. A reminder also that a link to the ‘collection page’ of all guidance for those affected by changes to UK immigration and borders due to Coronavirus remains live at: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders.

Появился первый Guidance по IDV (biomertic re-use application and the process). См. документ здесь: http://legalcentre.org/files/Biometric-reuse-in-response-to-COVID-19-17082020.pdf Пояснение в видео ролике здесь: https://vimeo.com/447843814/337348f0cd

Согласен. Я на практике все же рекомендую взрослым студентам все-таки иметь деньги на своем счету. Меньше документов и проще работать с такими заявлениями сотрудникам UK VAC. У Вас начинаются детальные вопросы. Я могу ответить на них в рамках стандартной консультации здесь. Или Вы можете попробовать разобраться во всем самостоятельно по ссылке на Guidance Выше.

Пожалуйста. Был рад помочь Вам.

Приветствую. Обычно да.

Приветствую. Да, можно так сделать. Основание: https://www.gov.uk/government/publications/guidance-on-application-for-uk-visa-as-tier-4-student "92. You can use money held in an account owned by you or by your parents or legal guardian(s). If you are a Tier 4 (General) Student and using funds held by your parent(s)/legal guardian(s), you will need to show us evidence that you are related to your parent(s)/legal guardian(s) and that you have their permission to use this money."

17 August 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) >>> Which English language test providers are accepted by the Home Office ? There has been some changes, with the new English language test providers being added to the list of the acceptable by the Home Office Providers. See https://www.gov.uk/government/publications/english-language-requirement-family-members/english-language-requirement#english-language-test-level-requiredapproved-test-providers