British Lawyer

Важные новости для тех, кто потерял доход, не может сдать тест по английскому языку, не может получить определенный документ; возможность пролить визу невесты без выезда 10 June 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) >>> Spouses and minimum income during COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life Another group of people under particular pressure during the crisis is families where one partner is on, or about to apply for, a spouse visa. Loss of earnings as a result of the coronavirus-induced economic crash may mean that the family fall foul of the financial requirements. Until early June there was no published concession for people in this situation. There is now a new section of the guidance on Changes to the minimum income and adequate maintenance requirement. It says: " If you have experienced a loss of income due to coronavirus, we will consider employment income for the period immediately before the loss of income due to coronavirus, provided the requirement was met for at least 6 months up to March 2020. If your salary has reduced because you are furloughed, we will take account of your income as though you’re earning 100% of your salary. If you are self-employed, a loss of annual income due to coronavirus between 1 March 2020 and 31 July 2020 will generally be disregarded, along with the impact on employment income from the same period for future applications." >>> Fiancés, fiancées or proposed civil partners - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life If you are here with 6 months’ leave as a fiancé, fiancée or proposed civil partner and your wedding or civil ceremony has been delayed due to coronavirus you can either request an extension until 31 July 2020 by updating your records with the Coronavirus Immigration Team, or apply to extend your stay for a further 6 months to allow the ceremony to take place. >>> If you are unable to provide specified documents - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life In some cases, we will be able to decide your application without seeing certain specified documents if you cannot get them due to coronavirus. Otherwise, you may be asked to submit the specified documents after the date of application. >>> Changes to the English language requirement - COVID19: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#if-youre-applying-to-enter-the-uk-or-remain-on-the-basis-of-family-or-private-life If you are asked to take an English language test as part of your application, you can apply for an exemption if the test centre was closed or you couldn’t travel to it due to coronavirus when you applied.

Приветствую, Этого письма не достаточно, т.к. действительно нужно доказать зависимость. Обычно это финансовая и другая зависимость. Нужно разбираться детально.

Приветствую, Ваш вопрос детально освещен мною в соответствующем треде по COVID19, на этом форуме.

Алиса, У меня складывается впечатление, что Вы не совсем понимаете требования и документы, которые нужно и не нужно показывать в Вашем случае. Я могу Вам помочь и направить Вас на правильный путь: https://legalcentre.org/Konsultacija-s-Advokatom.html Ресурсы давать детальные бесплатные советы у меня ограничены.

Нет, т.к. виза заканчивается после 31-07-2020.

Пожалуйста: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj--vWpiuvpAhWJMBQKHedQAAMQFjAAegQIBBAB&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F826340%2FAppendix-FM-1-7-Financial-Requirement-ext_1.pdf&usg=AOvVaw20XLPqtFilBDDM5voKKdXc И, в частности: "3.3.8. Where Appendix FM-SE requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence must be dated no earlier than 28 days before the date of application."

А вот как сегодня, 05 июня 2020 года выглядело отделение Sopra Steria в г. Кройдон: Фото сделано во время сдачи клиентов биометрики по заявлению на гражданство (AN).

Не подойдет. Нужна новая декларация от владельца счета. Обратите внимание на требование Правил по срокам давности таких документов на момент подачи заявления. Обычно нет. Есть риск, что отменят на границе. Так же обычно спрашивают на границе, если ли изменения, где муж и т.п.

Приветствую, Нужно ввести информацию, иначе обычно дальше не сможете пройти.

04 June 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 European Convention on Human Rights jurisdiction over humanitarian visa refusal: https://hudoc.echr.coe.int/eng#{"itemid":["001-202468"]} The European Court of Human Rights has declined an invitation to extend the jurisdiction of the Convention to cover applications made for a visa to enter a given country and claim asylum. In M.N. and Others v. Belgium (application no. 3599/18), the Strasbourg court ruled that an application brought by a Syrian family living in Lebanon, who had been refused humanitarian visas by the Belgian government, was inadmissible. Therefore the court could not consider their claim that the refusal violated Article 3 ECHR. This is an important case; the United Kingdom was not even a party but still sent a team of six lawyers including the then Attorney General Geoffrey Cox QC, Sir James Eadie QC and David Blundell QC to defend the Belgian government’s position (!). As the result of the judgement, it is difficult to avoid the conclusion that the most prudent course of action is for a refugee to illegally enter a signatory state, get well away from the border, and then approach the authorities to claim asylum and rely on Article 3.

Update по биометрическим слотам от Sopra Steria и возможности сдать тесты по английскому языку (Trinity College) >>> Booking Sopra Steria appointments - update The Home Office has told ILPA the following about UKVCAS appointments: "When a customer receives an email from Sopra over next couple of days, with a link to book an appointment, they should follow that link and book an appointment, and not worry about any previous appointment bookings. Sopra are prioritising customer contact to reach out to those customers who were in process pre 27 March (when the centres closed) and they are starting with those customers who had booked free appointments before moving on to chargeable appointments. So, there may be new customer contact taking place over coming days, but that is so Sopra can be assured they have gone through the cohort of people who were waiting before 27 March date and got them booked in. So, customers receiving an email with a link, should action it." >>> LanguageCert SELT exams for UK Visas & Immigration to fully open from the 1st July 2020 "Dear Sir/Madam, We are pleased to announce some important updates concerning LanguageCert SELT exams for UK Visas & Immigration. As of 1 June 2020, 31 of our global SELT centres will be operational, complying with local policies and guidelines regarding COVID-19. Over the coming weeks our list of operational SELT centres is likely to grow. We anticipate the remainder of our SELT centres being operational from 1 July 2020, but this date is subject to change based on the evolving circumstances of COVID-19. If local restrictions continue to remain in place in regions beyond 1 July 2020, any applicants that have scheduled their SELT exam with us will be supported to re-schedule their booked exam slot."

02 June 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) >>> Legality of the EU citizen's previous residence in the UK in relation to Nationality applications by the EU citizens During the three (3 years - if married to a UK citizen)/five year qualifying period an EEA citizen must not have resided in the UK in breach of the UK’s immigration laws. The EEA citizen could be forgiven for assuming that European citizens, with the right to freedom of movement, are unlikely to breach the UK’s immigration laws. However, EU free movement law has always required economic activity: work, job seeking, study or self-sufficiency. If studying or self-sufficient, you require Comprehensive Sickness Insurance. This is a requirement many were (potentially still are) unaware of and in practice non-compliance is widespread. The paradoxical nature of the requirement (EU citizens are still entitled to use the NHS) and several controversial refusals in early 2017 led to the legality rule not being applied in the Settlement Scheme context. But in May 2020, the Home Office confirmed in updated policy guidance that the Comprehensive Sickness Insurance requirement will be applied in the citizenship context. As a result, EU citizens who have not worked in the UK continuously for five years need to have held private health insurance during the three/five year qualifying period. If they do not, they are likely to be refused citizenship. Can the Home Office do this? This policy (although unwelcome) appears to me to be lawful. The definition of “breach of immigration laws” is surprisingly broad and includes non-compliance with the Immigration (EEA) Regulations 2016 which implement EU free movement law in the UK. A variety of cases have considered what it means to be in the UK “unlawfully” or “in breach of immigration law”, but cannot override clear statutory wording. Particularly when there has been a power to remove EU citizens who do not comply with EU free movement law since 1994 (albeit one that is rarely exercised). This requirement will not cause a problem for: - People who have permanent residence documents already; - People who have worked for any continuous five year period in the UK and have therefore acquired permanent residence (it does not need to be the same five year qualifying period relied on for the purposes of your citizenship application; a historic period will do as long as you have not subsequently been absent from the UK for two consecutive years); - People who have been working continuously during the three/five year qualifying period prior to their citizenship application (although an earlier breach may be relevant to the good character requirement which covers the last ten years); and - People who apply for citizenship in the future, having been granted settled status after five years of pre-settled status. This requirement will cause a problem for others, who need to rely on a period of study or self-sufficiency but lack Comprehensive Sickness Insurance. They can be granted settled status, but will encounter problems when applying for citizenship. The Home Office recognizes this problem, and suggests in its guidance to decision makers that discretion may be exercised in an applicant’s favour in appropriate cases: "Following the introduction of the EU Settlement Scheme you may increasingly see applications from EEA or Swiss nationals who have not fully complied with additional requirements under the EEA regulations, such as having comprehensive sickness insurance where they needed it, and who may therefore have been in breach of immigration law. When considering such applications you should take into account all the facts surrounding such a breach and make a full assessment about whether discretion should be exercised in their favour." One of the examples of when it may be appropriate to exercise discretion is: "the breach was because the applicant did not meet an additional/implicit condition of stay, rather than illegal entry or overstaying, such as an EEA or Swiss national not having CSI and can provide sufficient evidence to justify discretion being exercised in their favour.". It is unclear what the last bit is supposed to mean. Saying “we will exercise discretion when there is sufficient evidence to justify discretion being exercised” is no use to anyone, really. Needless to say, innocent oversight or blissful ignorance will be treated more favourably than wilfully ignoring the requirement.

01 June 2020 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145023 (WhatsApp/Viber) >>> Home Office softens no recourse to public funds policy following High Court defeat: https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance Revised Home Office guidance should make it easier for migrants with family visas to claim benefits if necessary. The change follows a recent High Court decision, along with the wider context of no recourse to public funds (NRPF). As of today, the updated policy includes the following new paragraph: "The position in Appendix FM Paragraph GEN.1.11A provides the basis in the Immigration Rules for exceptions to the wider policy on migrants not having recourse to public funds. In all cases where an applicant has been granted leave, or is seeking leave, under the family or private life routes the NRPF condition must be lifted or not imposed if an applicant is destitute or is at risk of imminent destitution without recourse to public funds." >>> Civil Legal Aid (Remuneration) (Amendment) (Coronavirus) Regulations 2020 (the Amendment Regulations) are being now challanged. The Amendment Regulations were laid before parliament on 18 May 2020 and will come into force on 8 June 2020. They are designed to respond to the introduction of a new procedure at the First-tier Tribunal (Immigration and Asylum Chamber) which specifies that immigration and asylum appeals are to be decided by remote hearings where possible, and that Appellants must file and serve a detailed skeleton argument before the Tribunal decides whether a hearing is necessary, and if so, whether that hearing can be carried out remotely using video-link technology. The Amendment Regulations amend the fee regime for legal aid providers operating under the new Online Tribunal Procedure, but does not adequately reflect the additional work solicitors and barristers must undertake to properly represent their clients. Without consultation, or any apparent evidence base, the amendment increases the likelihood that legal aid providers will be undercompensated for their work and places access to justice at risk.

Приветствую, Вы сами ответили на свой вопрос, дав ссылку на официальный источник. Присоединяюсь.

>>> VFS Global offices to re-open some of its Visa Application Centres The company has announced that a “phased resumption of services in certain Visa Application Centres” will start from the 1st June. They are: Brisbane Canberra Melbourne Perth Sydney Beijing Chongqing Guangzhou Shanghai Suva Hong Kong Kuala Lumpur Taipei Bangkok The other outsourcing company that runs visa application centres overseas, TLS Contact, does not have such a list. Applicants can go to the company’s UK website and select the country they are applying from to bring up the status of the application centre(s) in that country.

27 May 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) >>> Part of no recourse to public funds policy declared unlawful: full judgment out - https://www.bailii.org/ew/cases/EWHC/Admin/2020/1299.html No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWHC 1299, the High Court found the Home Office’s policy on imposing NRPF under paragraph GEN.1.11A of Appendix FM to be unlawful. Who does the judgment apply to? More specifically still, the judgment concerns people granted leave to remain in the UK under paragraph D-LTRPT.1.2 of Appendix FM, in recognition of their family life as a parent. Such people are granted leave with no recourse to public funds and placed on a ten-year route to settlement. This means that it will take ten years for them to become eligible for indefinite leave to remain. During those ten years, they must renew their visa every 2.5 years. The cost of doing so is currently £2,049.20 per person per renewal, excluding legal fees, and set to increase further from October 2020. It is possible for destitute people to ask the Home Office to lift the NRPF condition and to waive visa fees, but such applications are onerous, difficult and slow. Even if successful, NRPF-lifting requests must be repeated each time a visa renewal application is made. The cost of renewal places a significant and recurring financial strain on families who are often vulnerable and unable to obtain high-paid work. What now? The court ordered the Home Office to publish a revised policy instruction within seven days of the date of the judgment — which gives officials until tomorrow, 28 May. The new version is expected to clarify that a caseworker is under a duty either not to impose or to lift an NRPF condition if they consider that the applicant is at imminent risk of destitution without recourse to public funds. The practical effect ought to be a lessening of the burden on those applying to have NRPF lifted. The judgment deals expressly with paragraphs GEN.1.11A and D-LTRPT.1.2. These paragraphs only relate to those granted leave as a parent under Appendix FM. There are many other immigration rules which lead to human rights visas and which result in imposition of an NRPF condition, including those leading to leave as a spouse or based on private life. The private life NRPF rules at paragraph 276A02, for example, mirror those at GEN.1.11A and rely on the same policy instruction. One would hope that the policy changes implemented as a result of this judgment will be applied across the board and not limited in scope to those granted leave under the parent category. A positive sign in that respect is that the department has already amended an NRPF webpage aimed at everyone, not just parents. We eagerly await the revised instruction. >>> Family court judge orders refugee to disclose her asylum records: https://www.bailii.org/ew/cases/EWHC/Fam/2020/1036.html The High Court has looked further at when details of an asylum claim can be shared in family proceedings. The judgment in R v Secretary of State for the Home Department (No. 2) [2020] EWHC 1036 (Fam) applies previously established principles to a particular set of circumstances. It follows on from a previous hearing in the same case, R v Secretary of State for the Home Department (Disclosure of Asylum Records) [2019] EWHC 3147 (Fam).

Update 27 мая 2020 Сегодня с клиентом, у кого из-за COVID19 отменили биометрику, взяли новый слот на сдачу биометрику на 05 июня 2020 года. То есть пока дают доступ тем, у кого отменили биометрику из-за COVID19. А потом - всем остальным. Кстати, новый .pdf файл с новой датой биометрики сейчас приходит с опозданием. Но приходит. В вышеуказанном случае в течение часа получили подтверждение с новой датой биометрики.

Без комментариев - хорошая новость ! >>> UKVCAS Service Status - Reopening from the 1st June 2020 Some UKVCAS (Sopra Steria) centres are reopening from the 1st June. These will be for those who had pre-existing appointments cancelled during lockdown. The announcement: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=74833 The Service Point Status: https://www.ukvcas.co.uk/flash-message-detail?flashmessageId=56249 UK BA announcement: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents NB: "Unfortunately, if you did not have an existing appointment, prior to the suspension of the service, you will not be able to book an appointment at this time. Please be assured that every customer is important to UKVCAS and we will be reviewing the new approach regularly to assess when we are able to open bookings for all customers. For the latest information on implications for your Visa application, please check UKVI’s Immigration Guidance at GOV.UK"

Приветствую, Пожалуйста: 1. Nationality instructions: https://www.gov.uk/topic/immigration-operational-guidance/nationality-guidance 2. Я, по-русски, доступно и понятно, в контексте конкретно Вашей ситуации: https://legalcentre.org/Konsultacija-s-Advokatom.html

25 May 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 Health Surcharge to be waived for NHS and social care workers A public announcement should follow shortly. The surcharge — not actually a payment for using the NHS but a tax on visas collected at the point of application — is currently £400 a year but is due to rise to £624 in October 2020.

Очередное продление (гостевых) виз. Теперь - до 31 июля 2020 года >>> COVID19 and the UK Immigration update: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents Further visas extensions for those unable to return home due to coronavirus (22 May 2020) Overseas nationals who cannot return home due to the coronavirus pandemic will be able to extend their visa until the end of July to give them peace of mind that they can stay in the UK until they are able to return home safely. The extension will last until 31 July and will apply to anyone whose leave expired after the 24 January and cannot leave the country because of travel restrictions or self-isolation. While the Government has offered this extension to help those who are unable to get home prior to 31 July, those currently in the UK on temporary visas, such as visitor visas, should return home as soon as it is safe and possible to do so. Home Secretary Priti Patel said: “By extending people’s visas further, we are giving them peace of mind that they are able to stay in the UK until the end of July if they are unable to leave the country safely. “This is one of a number of unprecedented measures the Government has made to support people during this time, however, as we begin a cautious return to normality those currently in the UK on expired visitor visas should return home as soon as possible.” Today’s announcement builds on the previous extension which lasts until of 31 May, and ensures people who are not able to leave the UK are not impacted by circumstances outside of their control. A dedicated coronavirus immigration team is continuing to work with individuals to make the process as straightforward as possible. Anyone in this situation, who has not contacted them already, just needs to contact the team via an online form to let them know their visa has expired and they will be issued with an extension. To help those who want to apply for visas to stay in the UK long-term, the Home Office is also extending the in-country switching provisions until 31 July. This will mean people can apply to switch into long-term routes whilst remaining in the UK. UKVI will continue to process applications as quickly as possible, however some applications may take longer than usual due to coronavirus related operational pressures. Many foreign nationals have found themselves unable to return home since the outbreak of coronavirus due to flight cancellations and border restrictions. Those who contact the Home Office for these visa extensions will be expected to return to their home countries as soon as possible once flight and border restrictions are lifted. No immigration enforcement action will be undertaken during this time for those who email the Home Office as outlined above. In light of the current advice on self-isolation and social distancing, the Home Office is also waiving a number of requirements on visa sponsors, such as allowing non-EU nationals here under work or study routes to undertake their work or study from home.

21 May 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) >>> People born in Northern Ireland get improved family reunion rights The DeSouza case raised complex issues of citizenship, identity and implementation of the Good Friday Agreement, but at the heart of the case was an immigration matter and a family who have faced a brutal uphill struggle to live together in the UK, like so many others. Last week, the bravery and perseverance of Emma and Jake DeSouza paid off when they achieved a rare concession from the Home Office, which will have significant impacts for families like them. The DeSouza litigation The facts of DeSouza may be known to some. The case was centred on an application by Jake, a US citizen married to Irish citizen Emma, for permission to live in the UK — relying on European Union law. Their application was refused by the Home Office because Emma was born in Northern Ireland. She was therefore considered a dual British and Irish national and excluded under the finding in Case C-434/09 McCarthy. Emma contends that she is an Irish national only and that this right is protected by the Good Friday Agreement, which allows for the people of Northern Ireland to identify themselves and be accepted as Irish or British or both. The subsequent appeal was successful in the First-tier Tribunal but overturned in the Upper Tribunal. It raised issues of incompatibility between Home Office policy, the application of the British Nationality Act and the Good Friday Agreement. The political campaign A vocal campaign led by Emma and Jake gained momentum. Political support followed, with the Irish government, Westminster politicians and parties in Northern Ireland speaking out in support of the case. The joint committee of the Northern Ireland Human Rights Commission and the Irish Human Rights and Equality Commission also supported the case. In January 2020, the New Decade, New Approach deal for the restoration of the NI devolved institutions made specific immigration commitments on the right to family reunion for the people of Northern Ireland “underpinned by the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose.” Many felt that these commitments were a form of peace offering from the UK government, hoping to address the immigration issues at the core of DeSouza, while avoiding the more awkward issues of imposed British citizenship and compliance with the Good Friday Agreement. This proved accurate when the political commitment were translated into law through a statement of changes to the Immigration Rules in May 2020. The family reunion concession The changes can be summarised as follows: - The definition of a “relevant EEA citizen” under Appendix EU will be amended to include a “relevant person of Northern Ireland” - A relevant person of Northern Ireland is, in turn, defined in line with the “people of Northern Ireland” under the Good Friday Agreement - A relevant person of Northern Ireland is therefore a British citizen, an Irish citizen or a dual British and Irish citizen who was born in Northern Ireland (and at the time of their birth had at least one parent who was a British citizen; or an Irish citizen; or a dual British and Irish citizen; or who was otherwise entitled to reside in Northern Ireland without any restriction on their period of residence) - This will mean that qualifying family members of the people of Northern Ireland will be able to apply for immigration status under the EU Settlement Scheme. Family members will be eligible to apply regardless of whether their family member is British, Irish or a dual Irish/British national; - This will also apply to a qualifying person of Northern Ireland living in England, Scotland and Wales. - The changes will take effect on 24 August 2020. As the EU Settlement Scheme is open for a limited period, applications must be made before the deadline (currently 30 June 2021). These changes address the underlying immigration issue by allowing Irish citizens born in Northern Ireland to use the EU Settlement Scheme. It also expands the scheme’s coverage to British and dual British/Irish nationals born in Northern Ireland. This respects the principle of equality of treatment under the Good Friday Agreement and ends the need for renunciation of British citizenship by British and dual British/Irish nationals who want to exercise EU family reunion rights. There are limitations to this concession. Since the scheme will not open until August, there are questions over what qualifying family members who have visas expiring before that date should do. The scheme is also time limited to the end of the EU Settlement Scheme, meaning this is a very brief window of opportunity. It is also not clear what provision will be made for people who renounced British citizenship due to the previous policy, often on Home Office advice. Politics trumps law The changes have been hailed as a victory for Emma and Jake, and welcomed by figures such as Taoiseach Leo Varadkar and institutions such as the Northern Ireland Human Rights Commission. Emma and Jake have today confirmed that they will not be proceeding to the Court of Appeal: "We had hoped our legal challenge could help right that wrong and force the British Government to amend statute to fall in line with its international obligations. But legally, with this concession from the Home Office, we regrettably cannot proceed. This disappointment, however, should not overshadow what is an unbridled win worth celebrating- families have and will continue to be reunited thanks to these changes and everyone in Northern Ireland will benefit from the government’s recognition of the rights provided under the Good Friday Agreement." The couple say that while these changes address the immigration issue at the centre of their case, they will continue to campaign on the broader issues raised: full implementation of the Good Friday Agreement and amendment of the British Nationality Act 1981. The impact of these changes on families who would otherwise be separated by the UK Immigration Rules can’t be overstated. They have — if only for a brief period — accessible, free and fair family reunion rights. So the people born in (or with family born in) Northern Ireland can now take advantage of this rare opportunity. The fact that British citizens and dual British/Irish citizens born in Northern Ireland will now have access to broader family reunion rights than their counterparts born in Great Britain should also highlight the inhumanity of the UK Immigration Rules — as well as the ability of the Home Office to provide better, when it wants to. >>> Immigration application fee destitution policy found unlawful The Upper Tribunal has found that the Home Office’s policy for waiving the immigration application fee for destitute immigrants — the fees can add up to thousands of pounds for a family — is unlawful and needs to be widened. The judgment is Liggison v Secretary of State for the Home Department JR/2249/2019. The case was clearly considered an important one at the Home Office. The family of five at the heart of the case would have had to pay fees of £7,665, including the Immigration Health Surcharge. They were unlawfully resident (although of course the point of the application was to become lawfully resident) and had no source of income; they simply could not afford to pay the fees. This meant they were locked out of lawful status by the cost of entry. The Home Office’s original position, until 2012, was that no exceptions at all would be made to the absolute requirement to pay an application fee. Having lost a case called Omar and then subsequent litigation as well, the Home Office introduced a very limited policy on when fees might be waived. Under this policy, an applicant would need to prove that he or she would become destitute if the fee were to be paid. The family involved in this case could prove they could not afford the fees but they could not prove they would be destitute. This was because they were accommodated and supported by friends and family members who would continue to support them come what may. What next? The Home Office sought and was granted permission to appeal to the Court of Appeal. This means that the old policy will probably continue to be applied by the Home Office, at least unless the appeal is abandoned (which is possible given that the policy in question is such a mess) or an outcome from the Court of Appeal is known, which could take months or even years. So, in the short term, there is no immediate change. If the outcome of this case sticks, it means an unknown number of people have had their applications for fee waivers rejected on the basis of an unlawful policy. There is an argument that if they subsequently somehow managed to pay the fee they might be entitled to a refund. This seems pretty dubious given that actually finding the money seems a fortiori proof that they could somehow afford it.

Новости из Home Office сегодня, 21-05-2020, в отношении COVID19 и разных категорий иммиграциии: 21 May 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) >>> CORONAVIRUS and UK Immigration: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders Switching The guidance also includes information on switching visas. It allows people to “apply from the UK to switch to a long-term UK visa until 31 May 2020. This includes applications where you would usually need to apply for a visa from your home country”. From what it seems to apply, this would be an in-country application rather than an application for entry clearance. The concession was initially limited to people whose visa is due to expire by 31 May 2020. As we have reported earlier, the Home Office is sending out emails extending the concession to people with visas expiring in June. No recourse to public funds Migrants whose visa stipulates that they can have “no recourse to public funds” are in a difficult position. Without access to benefits to make up for loss of work, many face destitution. Government guidance issued on 23 April says that there is some support available to migrants with no recourse to public funds, including: -Coronavirus testing and treatment -Deliveries of food and medicine if “shielding” as a particularly vulnerable person -Statutory sick pay -Contributory Employment and Support Allowance -The Coronavirus Job Retention Scheme and Coronavirus Self-employment Income Support Scheme The Home Office also says that it has launched a £1.5 million pilot fund to accommodate victims of domestic violence who have no resource to public funds. But as the House of Commons Library says, “the Government hasn’t announced a blanket policy to change NRPF restrictions”. Those subject to the no recourse condition must still apply to have it lifted in order to access to the wider welfare system. From an immigration perspective, that is not an application to be taken lightly, as not only does removing NRPF punt you off a 5-year route to settlement and on to the 10-year route, but the Home Office has also made it clear that if you manage to change back, it will not count any of your previously accrued residence and your clock starts back at 0. The High Court found on 7 May that aspects of the no recourse policy are unlawful. As a result, the Home Office updated its information on applying to have the condition lifted where the person is only “at risk of becoming destitute”, as opposed to already destitute. Immigration tribunal hearings Overview HM Courts and Tribunals Service is now issuing a weekly operational update. There are specific status reports for First-tier and Upper Tribunal immigration and asylum cases. They provide a useful summary of the state of play (as of the week commencing 18 May): "The [First-tier] tribunal has suspended face to face hearings (other than in exceptional circumstances) until further notice. A notice containing instructions on the next steps in your case will be sent to you. We are working through the listed cases in priority and date order and you should wait until we contact you. Please do not call us unless your enquiry is urgent. Bail applications will be prioritised and where a hearing is required, will be listed to take place by telephone or video. Users are advised to contact the relevant hearing centre on the email addresses below until further notice. There is also a slightly more detailed “help for users” document, dated 15 April. For the Upper Tribunal: "There may be some delays in processing non-urgent work. Please see below different ways in which we are dealing with appeals and judicial reviews." Appeals and Permission to Appeal applications to UTIAC: "Appeals that were listed for hearing have been postponed. All appeals to UTIAC are being judicially case managed. There is also limited monitoring of the appeals email inbox currently taking place." Judicial Reviews in UTIAC: "A notice was issued (23 March 2020) on handling of urgent Judicial review applications A updated notice was issued on 30th April 2020 on handling non-urgent applications. The fees counter at Field House is currently closed and calls to 020 7073 4278 may not be answered" The “updated note” on non-urgent applications says: "Beginning on 30th April 2020 and until further notice, Judicial Review applications made to the Upper Tribunal (Immigration and Asylum Chamber) that do not require urgent or immediate consideration can be filed as follows: 1. By email to UTIACJudicialReviewApplications@justice.gov.uk, by post or at the fees counter when the counter re-opens. 2. Attachments to emails sent to UTIACJudicialReviewApplications@justice.gov.uk must not, in total, exceed 25 MB per email. If they exceed this limit the email will not be delivered."

Новые услвия перехода без выезда их UK >>> COVID19 and the UK Immigration The current information from the UK BA (via Email from the CiT UK BA team; yet to be confirmed on the UK BA web-site) IN BRIEF: In the standard CIH response relating to the in-country switching concession, it appears that the in-country switching concession is being extended to those with visas expiring 1 June - 30 June (see below). There appears to be new wording about some proscribed (short term) routes into which switching applications cannot be made. There does not appear to be any inclusion (in this standard email) of reference to 'automatic' extension of visas for those whose visas expire 1 June - 30 June, or for those whose visas have been extended under the current scheme to 31 May. But presumably this will need to follow. The details: Switching: visa holder in UK - leave expires between 24 January and 31 May Thank you for contacting the Home Office Coronavirus Immigration Team about switching from your current immigration route due to issues related to COVID-19. No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future. Where you would normally be required to return to your country of residence to apply for a visa in a different category, you’ll now be able to apply from the UK to switch. This only applies if your leave has expired or will expire on or after 24 January 2020 to 31 May 2020, including where leave has already been extended to 31 March 2020. You will need to be switching from/to an eligible route and you’ll need to meet the same visa requirements and pay the same application fee. It is not possible to switch into short term visa routes where applications can only be made outside of the UK, such as: - Tier 5 Youth Mobility - Tier 5 Seasonal Worker - Tier 4 Chevening, Commonwealth and Marshall scholars - Overseas Domestic Workers You should apply online but you will not be able to book a biometric appointment at a UK Visa and Citizenship Application Centre Services (UKVCAS) service point or a Service and Support Centre (SSC). This is because we have temporarily closed these biometric enrolment services. Access UK is now holding applications for an increased period of 240 days. This will ensure that applications remain live and valid and supporting enrolment of biometric data once services have resumed. To ensure that you can book an appointment after 240 days, you must register for your UKVCAS account when you complete your online application. This will activate your account so that you can be contacted when the service resumes. If you have been advised that you can enrol your biometrics at a Post Office you should check the availability of services through the Post Office finder, as advised on your Biometric Enrolment letter, or through updates on GOV.UK. You will not be regarded as an overstayer or be subject to enforcement action if you are unable to attend a biometric appointment due to COVID-19 or if there are delays in processing your application. The terms of your leave will remain the same until your application is decided. Switching: visa holder in UK - leave expires between 1 June and 30 June No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future. Although your leave expires after 31 May 2020, we will on this occasion allow you to switch routes while you’re in the UK. You will need to be switching from/to an eligible route and you’ll need to meet the same visa requirements and pay the same application fee. It is not possible to switch into short term visa routes where applications can only be made outside of the UK, such as: - Tier 5 Youth Mobility - Tier 5 Seasonal Worker - Tier 4 Chevening, Commonwealth and Marshall scholars - Overseas Domestic Workers You should apply online but you will not be able to book a biometric appointment at a UK Visa and Citizenship Application Centre Services (UKVCAS) service point or a Service and Support Centre (SSC). This is because we have temporarily closed these biometric enrolment services. Access UK is now holding applications for an increased period of 240 days. This will ensure that applications remain live and valid and supporting enrolment of biometric data once services have resumed. To ensure that you can book an appointment after 240 days, you must register for your UKVCAS account when you complete your online application. This will activate your account so that you can be contacted when the service resumes. If you have been advised that you can enrol your biometrics at a Post Office you should check the availability of services through the Post Office finder, as advised on your Biometric Enrolment letter, or through updates on GOV.UK. You will not be regarded as an overstayer or be subject to enforcement action if you are unable to attend a biometric appointment due to COVID-19 or if there are delays in processing your application. The terms of your leave will remain the same until your application is decided. Switching: visa holder in UK - leave expires from 1 July No individual of any nationality whose leave has expired or is due to expire between 24 January 2020 and 31 May 2020, and who cannot leave because of travel restrictions related to COVID-19, will be regarded as an overstayer or suffer any detriment in the future. As your leave to remain in the UK does not expire within the relevant dates, you are not eligible to switch into another route while you’re in the UK. Please continue to check the GOV.UK website, where up to date advice is published. The latest information and advice for visa holders and temporary residents can be found here: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents Information on support available to visa holders and temporary residents in the UK is also available on GOV.UK, at: https://www.gov.uk/guidance/coronavirus-covid-19-get-support-if-youre-a-migrant-living-in-the-uk The latest travel advice can be found here: https://www.gov.uk/guidance/travel-advice-novel-coronavirus Coronavirus Immigration Team

Я обычно указываю детей-британцев. А если были лишние отсутствия, то показываем работу, жилье и т.п.