Важные судебные решения и новости для иммигрантов

[British Lawyer]

12 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

Расшифровка изменений в Правилах. Важное выделено красным цветом.

 

>>> New statement of changes to the Immigration Rules: HC309 – Clarification of some important points : <noindex>https://www.gov.uk/government/publications/...7-december-2017</noindex>

 

This is an in-depth look at our previous report from the 7th December 2017 on the new statemented of changes to the Immigration Rules HC 309. The most important points are, as follows :

 

Except where otherwise indicated, these changes will come into force on 11 January 2018, although applications made before 11 January 2018 will be decided in accordance with the Immigration Rules in force on 10 January 2018.

 

- 10 year ban expanded

 

A ten-year ban on re-entry is introduced for those who used deception in an application for “leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application”. It used to be that a ten-year ban was imposed on those who used deception in an application for entry clearance only. Family members applying under Appendix FM of the Immigration Rules are still NOT subject to this ban.

 

- Absences for PBS dependants are now limited to 180 days in line with the main applicants

 

This might be one of the changes with the most profound impact. It used to be the case that while PBS migrants had to have been out of the UK for fewer than 180 days in any given 12 months during the qualifying period for Indefinite Leave to Remain, dependants did not have to meet this requirement. As a result, PBS migrants, in particular Tier 1 (investors) and (entrepreneur), have historically ensured that the main applicant in the application was the one who did not need to travel that much, while the “real” businessperson was a dependant, allowing them to travel extensively, usually for business, and still be eligible for Indefinite Leave to Remain.

The 180-day absence criterion is now extended to partners of PBS migrants as well, so that the strategy above will no longer work. This will be apply to those granted leave following an application made after 11 January 2018.

 

- Electronic entry clearance

 

Entry Clearance may now be issued electronically. This scheme will be trialed with specific groups (not yet announced) to start with, with a view to general introduction later. Applicants who hold an entry clearance issued in electronic form will not need to present it to an Immigration Officer, who will instead be able to check it electronically. They will only need to present their passport or identity documents. These changes will take effect on 11 January 2018 but the UK BA has not yet confirmed know who would be the first groups to have entry clearance issued electronically.

 

- Visitors

 

To date, those visitors who held a standard or marriage/civil partnership visit visa would have needed to obtain a separate transit visa if they want to transit the UK. From 11 January 2018, they will be allowed to transit the UK without the need to obtain a separate transit visa.

 

Appendix 3 is also being changed to clarify that visitors are not permitted to study at an academy or a school maintained by a Local Authority.

 

- Immigration bail

 

This is the one change which does not have a commencement date. The government simply proposes to commence Schedule 10 to the Immigration Act 2016 “as soon as possible”.

 

Schedule 10 introduces a new concept of immigration bail and transfers those on temporary admission or release onto that new status. In summary, temporary admission and temporary release will no longer exist, and will be replaced by “bail” instead. Once the changes come into force, those who have no prospects of being removed and therefore cannot be detained may still be put on bail.

 

- Tier 1 (Exceptional Talent)

 

The changes fulfill the commitments made in the recent Budget to:

 

double the number of Tier 1 (Exceptional Talent) visas from 1,000 to 2,000. Applicants must be endorsed by a Designated Competent Body (DCB), but the additional 1,000 places will not be allocated between the DCBs. They will instead form a pool of unallocated places which will be drawn on according to need on a first-come first-served basis.

 

allow exceptional talent visa holders (but not exceptional promise visa holders) to qualify for ILR after three years,

simplify the application for holders of certain peer-reviewed fellowships or senior academic positions.

 

- Tier 1 (Entrepreneur)

 

The requirements for Tier 1 (Entrepreneur) have been re-written “to make them clearer and easier to follow”. The requirements themselves are “unchanged”, but for 14 separately listed changes (!). These changes include:

 

<clarification on the job creation rules,

<clarification on certain documentary evidence to be provided

investments from venture capital firms (which will now need to provide a letter);

<applicants will no longer be able to rely on investments and funds already relied on by another Tier 1 (Entrepreneur) or that migrant’s business or close family member. These investments and funds can no longer be relied on to “prevent recycling of funds between applicants”.

<clarifications to the evidential requirements for those switching from Tier 1 (General) to Tier 1 (Entrepreneur) category

 

- Tier 2

 

This category is also seeing a number of changes, but the most significant ones are:

 

<applicants switching from Tier 4 to Tier 2 (General) will be able to apply as soon as they have completed their courses, rather than only after having received their final results

 

<The introducing of further exemptions to the Resident Labour Market Test for posts held by researcher applicants who are recipients of supernumerary research Awards and Fellowships, and established research team members sponsored by a Higher Education Institution or a Research Council

 

Perhaps more significantly, paragraph 245AAA( is deleted.

 

This paragraph read:

 

“the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor”.

 

It meant that those who had a break of more than 60 days between one employment and the other could not apply for Indefinite Leave to Remain after five years. One could instead apply to renew their leave, but the maximum period of leave under Tier 2 (General) is capped at a maximum of six years. In other words, applicants who had a break of more than 60 days between one employment and the other had to leave the UK after six years, and were never given a chance to apply for Indefinite Leave to Remain. This change is great news for these applicants.

 

- Students

 

The changes will allow some part-time students to secure Tier 4 visas. Tier 4 part-time students will not have work rights, will not be able to bring dependants and will not be able to extend in-country.

 

Part 3 of the Rules is amended so that the minimum age for those coming for short term study is 16 instead of 18.

 

- Other changes

 

The wording on relationships for family members of PBS migrants and migrants in other work categories set out in Part 5 of the Rules is changed from being in a “subsisting relationship” to being in a “genuine and subsisting relationship”, bringing the wording in line with those applying under Appendix FM.

 

The minimum age for overseas domestic workers is raised from 18 to 19. Measures are also introduced to prevent overseas diplomats bringing extended family members to the UK in the guise of domestic workers.

 

The annual quota of places available under the Tier 5 (Youth Mobility Scheme) has been updated.

 

[British Lawyer]

13 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

>>> Australian supreme court considers British Overseas Citizenship basically worthless : <noindex>https://www.austlii.edu.au/cgi-bin/viewdoc/...A//2017/45.html</noindex>

 

“To observe that British overseas citizenship is a juridical relationship between the individual and the United Kingdom, as Mr Fransman describes it, is not to conclude that it is a relationship which for the purposes of s 44(i) renders the BOC a citizen of a foreign power. No party contended that the fact that the foreign power designates a status as that of “citizen” is determinative without consideration of the rights, privileges and obligations conferred under the law of the foreign power. The status of BOC distinctly does not confer the rights or privileges of a citizen as that term is generally understood: a BOC does not have the right to enter or reside in the United Kingdom. Critically, taking into account the purpose of s 44(i), which is to ensure that members of the Parliament do not have split allegiance, it does not appear that Senator Xenophon’s status as a BOC entailed any reciprocal obligation of allegiance to the United Kingdom per se or to Her Majesty the Queen in right of the United Kingdom”.

 

>>> People accused of TOEIC cheating have in-country right of challenge : <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/2009.html</noindex>

 

The Court of Appeal has held in Ahsan v Secretary of State for the Home Department (Rev 1) [2017] EWCA Civ 2009 that people accused of cheating on the TOEIC English language test and threatened with removal from the UK have the right to challenge that decision in this country rather than from abroad.

 

>>> Being able to demonstrate “a genuine and subsisting parental relationship” with a qualifying child is an essential requirement to succeed in a human rights appeal involving children : <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/1967.html</noindex>

 

In Secretary of State for the Home Department v VC (Sri Lanka) [2017] EWCA Civ 1967 the Court of Appeal grappled with what this means in the pretty extreme case of the respondent’s children being in care.

 

>>>Updated Guidance - Status of EU citizens in the UK: what you need to know (8 December 2017) : <noindex>https://www.gov.uk/guidance/status-of-eu-na...ou-need-to-know</noindex>

 

>>>Example case studies: EU citizens' rights in the UK (8 December 2017) : <noindex>https://www.gov.uk/government/case-studies/...ights-in-the-uk</noindex>

 

>>>Communication from the Commission to the European Council (Article 50) on the state of progress of the negotiations with the United Kingdom under Article 50 of the Treaty on European Union (8 December 2017) : <noindex>https://ec.europa.eu/commission/sites/beta-...mmunication.pdf</noindex>

 

>>>Joint report from the negotiators of the European Union and the United Kingdom Government on progress during phase 1 of negotiations under Article 50 TEU on the United Kingdom's orderly withdrawal from the European Union (8 December 2017) : <noindex>https://ec.europa.eu/commission/files/joint...ropean-union_en</noindex>

 

>>>Comparison of EU/UK Positions on Citizens' Rights - December 2017 : <noindex>https://www.gov.uk/government/uploads/syste...ens__rights.pdf</noindex>

 

 

 

 

 

 

 

 

 

[British Lawyer]

14 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

>>> EEA applications – notes from the recent UK BA and ILPA meeting

 

New settled status/temporary status system for EEA national

 

 The UK BA hopes to introduce new system in September 2018.

 Likely to be introduced in stages – aiming to avoid everyone applying upon commencement of the scheme to be able to resource adequately.

 Want to make system as straightforward as possible. Ideally will be entirely online – no need to send in identity document – scan it instead.

 Presumption will be to grant some form of leave e.g. Leave to Remain or Indefinite Leave to Remain rather than refuse. Need to balance this against preventing fraud. Many people submit false applications claiming to be family member of EEA national as last-ditch attempt to avoid removal – so there will have to be fraud indicators which if triggered will lead to in-depth consideration.

 The UK BA hopes that when the new system is introduced people will stop applying for PR docs etc under EU law – but they understand why ILPA members may advise people to do both. They want to try to reduce volumes of applications under current system so they can cope with new system

 

HMRC data sharing – EEA application (from the recent UK BA and ILPA meeting)

 

Two kinds of data sharing with HMRC:

 

Bulk data sharing – every month the UK BA requests HMRC data on all EEA sponsors of new EEA applicants (residence cards). Takes time to get it but that way the data is ready by the time the applicant is considered by caseworkers. Aim is just to check that the EEA national is working right now. Not done for PR applicants.

Manual (one-off) data sharing – done on case-by-case basis, e.g. retained rights case where applicant can’t provide evidence of EEA national’s activities.

 

If no tax/incorrect tax paid but there is satisfactory evidence of employment/self-employment they won’t refuse the application – but they will refer it to HMRC.

 

Currently there is a cap on just how much data can be shared by HMRC. With the new settled status scheme there are agreements in place to share much more data with a variety of other government departments.

 

On-line forms – EEA applications

 

 The UK would like to extend it to all applicants but can’t afford to do this yet. Current priority for online team is introducing online settlement form.

 Meanwhile family members applying separately cannot use the online form. Their application will be rejected if they try to do this.

 But students/self-sufficient people financially responsible for family members (or supported by family members) can use the online form at their own risk. They need to be careful because it doesn’t prompt them to provide all the information needed.

 

The NEW EEA paper form

 

New draft version is with Home Office lawyers for review. New version won’t ask for all absences from UK – in line with online form.

 

Return of documents

 

 ROD requests now processed within 48 hours.

 

EEA family permits

 

 Some decisions made in Sheffield at the moment.

 Liverpool are helping out with EEA family permit applications made in Indian subcontinent. They are able to assist making EEA family permit decisions because this is their specialist area.

 

Applications missing EEA national’s identity document

 

 There have to be extremely good reasons not to enclose EEA national’s identity document. Retained rights, domestic violence cases where applicant can’t get hold of document should not be rejected because of failure to provide it. ILPA members pointed out that they are being rejected (or sometimes refused) on this ground. The UK BA will look into it.

 

Option to accept residence card if PR is going to be refused

 

 Current policy – if someone has applied for a PR card and caseworker considers that they don’t have enough evidence for this but may qualify for residence card caseworker will try to contact applicant or representative once to ask if they would like to vary their application from PR to residence card. If caseworker can’t get through or if the person says no the application will be refused.

 If applicant or representative says in covering letter that they would like to be considered for residence card if Home Office considers that they don’t have enough evidence for PR then they will act on this. But be aware that if you follow this option then there will be no right of appeal if you say this and you get a residence card instead of PR card.

 New draft version of paper PR form will have box to tick to say you want to be considered for residence card if not enough evidence for PR card – this is with the Home Office lawyers at the moment.

 

 

[British Lawyer]

15 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

>>> UK Visas and Immigration policy paper - Asylum claims in detention: policy equality statement (13 December 2017) : <noindex>https://www.gov.uk/government/publications/...ality-statement</noindex>

 

UK Visas and Immigration policy equality statement on processing asylum claims immigration detention.

Asylum process guidance is available for cases in detention who have claimed asylum, and for entering cases who have claimed asylum into detention

 

>>> UK Visas and Immigration Guidance: Misuse of rights and verification of EEA rights of residence (14 December 2017) : <noindex>https://www.gov.uk/government/publications/...ts-of-residence</noindex>

 

Guidance on how UK Visas and Immigration assess whether a person has misused an EEA right of residence in the UK

 

>>> UK Visas and Immigration guidance: EEA decisions taken on grounds of public policy (14 December 2017) : <noindex>https://www.gov.uk/government/publications/...f-public-policy</noindex>

 

Guidance on how UK Visas and Immigration makes decisions on the grounds of public policy and public security

 

 

 

 

[British Lawyer]

18 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

Неработающие партнеры-европейы (EU citizens), кто находятся в браке с гражданами Великобритании (UK), так же могут получить ПМЖ (Settlement - ILR) в Великобритании

 

>>> It is still possible to apply for Settlement for the EU citizens who did not work and are married to British citizen spouses

 

Are you an EEA national, who has never or very little worked in the UK and you have been married to a UK citizen spouse for some 10 or more years ? In this case you can benefit from the provisions of the current Immigration Rules, namely, the para 276B, and you may be issued with a Settlement status in the UK under the UK (rather the the EEA Regulations) Immigration Rules

 

 

[British Lawyer]

19 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatApp : 07791145923

 

>>> Court of Appeal: visa conditions do not count unless notified in writing: <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/2134.html</noindex>

 

In the recent decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence that the notice was sent, it will be unable to rely on any purported breach of a visa condition to justify a decision to refuse a subsequent application, curtail a person’s leave, or remove a person from the UK.

 

This decision could have wide-reaching ramifications, given that it is not currently Home Office practice to outline any conditions imposed when granting a visa application.

 

This judgement appears to suggest that the Home Office has consistently and systematically failed to impose conditions when granting applications for leave to remain. This is particularly significant in categories such as Tier 1 (Investor), Tier 1 (Entrepreneur), and Tier 4 (General) where there are numerous, often complex, conditions which must be complied with.

 

That means that if the Home Office has failed to give written notice of these conditions, they do not apply.

 

>>> Court of Appeal says test in Zambrano cases remains compulsion not choice: <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/2028.html</noindex>

 

Head note:

 

“the decision in Chavez-Vilchez represents no departure from the principle of EU law laid down in Zambrano, although it does constitute a reminder that the principle must be applied with careful enquiry, paying attention to the relevant criteria and considerations, and focussing not on whether the EU citizen child (or dependant) can remain in legal theory, but whether they can do so in practice. There is no alteration in the test of compulsion. [paragraph 72]”.

 

It is clear from the case of Patel that this “test of compulsion” remains difficult to meet.

 

In other words, Zambrano rights remain limited.

 

>>> Home Office EU deportation decision overturned for ignoring EU law: <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/1752.html</noindex>

 

In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out in the EEA Regulations when making decisions. It is an error of law to simply identify considerations which could be relevant without specifically having regard to what the regulations say.

 

The court also held that a deportation order may be valid even if it is signed when the subject of the order is outside the UK.

 

>>> Immigration tribunal cannot conditionally allow appeals: <noindex>http://www.bailii.org/uk/cases/UKUT/IAC/2017/490.html</noindex>

 

In an Upper Tribunal determination that will come as a surprise to no-one other than the judge whose decision was under appeal, President Lane has held that it is not possible for the tribunal to allow an appeal on a conditional basis (such as “the appeal is allowed provided the Appellant provides (document) in the future”).

 

>>> The Law Commission's review of Immigration Rules included in new projects list : <noindex>https://www.lawcom.gov.uk/13th-programme-of-law-reform/</noindex>

 

From the project description:

 

“Hundreds of thousands of decisions are made annually under the Immigration Rules. Decisions which can be life changing for those seeking entry or leave to remain in the UK and their families.

 

But the Rules are widely criticised for being long, complex, and difficult to use. On 1 May 2017, the Rules totalled 1096 pages in length and their drafting is poor. Many provisions are duplicated, cross references are often incomplete and some parts are incomprehensible.

 

Our project will not involve any substantive policy changes or any new legislation. It will instead aim [to] redraft the Rules to make them simpler and more accessible to the user.

The review will not impact the legal basis on which a person has leave to enter or remain in the UK”.

 

>>> Northern Ireland appeal case on “Chen parents” referred to EU court

The case of an Albanian couple living in Northern Ireland has been referred to Luxembourg over a conflict between English, Irish and European Union law. The decision of the Court of Justice of the European Union in their case could help thousands of other families to establish a right of residence in the UK.

 

The parents in Ermira Bajratari v Secretary of State for the Home Department are “Chen parents” – non-EU citizens with EU citizen children who can claim derivative rights of residence so long as they are self-sufficient. Two of the Bajratari children are Irish, but although the husband has been working, he has been doing so unlawfully since the expiry of a previous residence card. The Home Office refused to issue a new one, arguing that income from this illegal labour cannot be used to establish self-sufficiency, as per W (China) and X (China) v Secretary of State for the Home Department [2006] EWCA Civ 1494.

 

The appellants argued, among other things, that this English Court of Appeal decision conflicts both with the original CJEU decision in C-200/02 Zhu and Chen and with a decision of the High Court of Ireland in OA v Minister for Justice, Equality and Defence [2014] IEHC 384. The AIRE Centre intervened as a third party.

 

>>> Tribunal gives guidance on assessing truthfulness in asylum cases: <noindex>http://www.bailii.org/uk/cases/UKUT/IAC/2017/491.html</noindex>

 

In KB & AH (credibility-structured approach) Pakistan [2017] UKUT 491 (IAC) the tribunal declined to give updated country guidance on the situation of Ahmadis in Pakistan because the case apparently turned on its own facts. This is often the case where the facts favour the appellant; where the facts favour the Home Office a case often seems to be of more general interest.

 

The head note :

 

“1. The ‘Credibility Indicators’ identified in the Home Office Asylum Policy Instruction, Assessing credibility and refugee status Version 3.0, 6 January 2015 (which can be summarised as comprising sufficiency of detail; internal consistency; external consistency; and plausibility), provide a helpful framework within which to conduct a credibility assessment. They facilitate a more structured approach apt to help judges avoid the temptation to look at the evidence in a one-dimensional way or to focus in an ad hoc way solely on whichever indicator or factor appears foremost or opportune.

2. However, any reference to a structured approach in relation to the subject matter of credibility assessment must carry a number of important (interrelated) caveats, among which are the following:

-the aforementioned indicators are merely indicators, not necessary conditions;

-they are not an exhaustive list;

-assessment of credibility being a highly fact-sensitive affair, their main role is to help make sure, where relevant, that the evidence is considered in a number of well-recognised respects;

-making use of these indicators is not a substitute for the requirement to consider the evidence as a whole or ‘in the round’;

-it remains that credibility assessment is only part of evidence assessment and, as Lord Dyson reminded decision-makers in MA (Somalia) v Secretary of State for the Home Department[2010] UKSC 49 at [33], ‘the significance of lies will vary from case to case’;

-in the UK context, use of such a structured approach must take place within the framework of EU law governing credibility assessment, Article 4 of the Qualification Directive in particular; and,

-also in the context of UK law, decision-makers (including judges) by s. 8 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 are statutorily obliged to consider certain types of behaviour as damaging to credibility.

3. Consideration of credibility in light of such indicators, if approached subject to the aforementioned caveats, is a valid and useful exercise, based squarely on existing learning.”.

 

 

 

 

 

[British Lawyer]

20 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

 

>>> Restricted Certificate of Sponsorship Cut Off Point - 20 December 2017

 

The current intelligence from ILPA members suggests that the Restricted Certificate of Sponsorship allocation has been reached this month and therefore the minimum number of points required is 65. This has meant that only applications with a Resident Labour Market Test and a salary of £68,000 (or above) have been approved.

 

 

 

 

 

[British Lawyer]

27 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

 

Важное выделено красным цветом

>>> Statement of Changes HC 309 - Residence Requirements for PBS Dependants UPDATED with Home Office response (22 December 2017)

 

“We are making a few changes to settlement rules as part of this rules change. Collectively, these are intended to remove inconsistencies and provide greater clarity for PBS migrants and their dependants on the circumstances in which they may apply and be granted indefinite leave to remain and to ensure that migrants act in a way that is consistent with the spirit of the Immigration Rules. In addition, we included this change at the same time as some of our wider changes to settlement rules for the purposes of coherence.

 

You will be aware that the policy change in relation to PBS dependants has been planned for over a year. However, in that time, we have considered this further and have taken great care to address the concerns raised. That is why the rules change will not apply retrospectively – we will only consider absences in any future grants of leave. We consider this to be reasonable and applicants will be aware that the Immigration Rules are subject to change and that they should not assume that the rules will necessarily be the same in 5 years’ time.

 

We are aware that some Tier 1 (Investor) applicants structure their affairs as you have described. However, our general position is that those applying for ILR should have built up substantial ties to the UK, including having lived the majority of their time here. Allowing absences of up to 180 days a year is a very generous provision which allows applicants to continue their business affairs overseas while building ties to the UK. We see no reason not to apply the same requirement to dependant partners as well as to main applicants. In applying for leave, they are declaring an intention to live with their partner in the UK. The child dependant rules also require both parents to be in the UK, or be granted at the same time. We would question what the purpose would be of granting such leave to dependants if the real intention was for the partner/other parent to live apart from their family for the majority of the time. Such activities clearly go against the intention of the rules and may be considered to be a change of circumstances under paragraph 321(ii) or a false declaration under paragraph 321A(2) of the rules. Some PBS dependant partners have been refused re-entry for this very reason. Quantifying in the rules that they may spend up to 180 days a year overseas removes this uncertainty.

 

With regard to the notice of this change, applicants have the remainder of their existing leave before any absences from the UK will be counted. As the absence provision is up to 180 days a year, they would also be able to have substantial absences from the UK in the early part of their future extension leave, before any such absences reached a level that would affect a future application for settlement. There is also no limit on the number of times an applicant may extend their leave as a PBS dependant. If any partners are unable to qualify for settlement, it is open to them to apply for further extensions and settle in future. The same applies to child dependants.”.

 

>>> Sole Representative of an Overseas Business – the UK holding company possibility ?

 

According to the UK BA, the creation of the UK holding company (instead of the subsidiary or branch) may be possible :

 

“Application for overseas business representatives must ensure that they demonstrate that the company or companies they set up are engaged in the same core business activities as their parent company. Broadly speaking once in the UK business representatives can set up multiple subsidiaries and a holding company would not necessarily be excluded from this but it will be important that the applicant provides in the application a clear explanation of why the applicant has adopted the company structure that the applicant has chosen and how the applicant believes it meets the expectation that companies engage in the same business activities as their parent company.”.

 

>>> Upper Tribunal Determination re Tier 1 Entrepreneurs (23 November 2017) :

 

Recent determination from the Upper Tribunal. It relates to a Tier One Entrepreneur application, made with reference to the Article 8 ECHR, whose appeal was considered under the 2014 Immigration Act.

The essence of the submission was that where the Immigration Rules were met, then any removal would breach Article 8 of the ECHR. At paragraph 40, the Tribunal adopted the Home Office’s concession that where the Immigration Rules are met, then the public interest in removal had nominal weight under question 4 of Razgar.

 

>>> Update documents re EU citizens' rights (22 December 2017)

 

- Status of EU citizens in the UK: what you need to know : <noindex>https://www.gov.uk/guidance/status-of-eu-na...ou-need-to-know</noindex>

- Home Secretary's open letter to EU citizens in the UK : <noindex>https://www.gov.uk/government/news/home-sec...izens-in-the-uk</noindex>

- UK leaving the EU: what you need to know : <noindex>https://www.gov.uk/government/collections/u...ou-need-to-know</noindex>

 

>>> Home Office and Immigration Enforcement Guidance - Managing detainees' money over £1000 (21 December 2017) : <noindex>https://www.gov.uk/government/publications/...-exceeding-1000</noindex>

 

Detention services order 5/2011 about managing detainees' money over £1000.

[British Lawyer]

28 December 2017 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Ph/Viber/WhatsApp : +44(0)7791145923

 

Особо важное выделено красным цветом

 

>>> Self-employed EU citizens who fall out of work retain worker status : <noindex>http://curia.europa.eu/juris/document/docu...&cid=345993</noindex>

 

When a self-employed EU citizen falls on hard times in another member state and stops working, do they retain their status as a worker?

 

Since 2010, English courts have said they do not. In a case with wide implications for residence and social security rights, the Court of Justice of the European Union in C-442/16 Florea Gusa v Minster for Social Protection (Ireland) has deemed that position to be wrong.

 

Following Gusa, self-employed EU citizens who become unemployed retain their worker status, and therefore right to reside, in the same way as people in direct employment who lose their jobs.

 

>>> Supreme Court boost for people stripped of their British citizenship : <noindex>http://www.bailii.org/uk/cases/UKSC/2017/82.html</noindex>

 

A Supreme Court decision handed down recently is good news for people who have had their British citizenship taken away because it was obtained under false pretenses. The Home Office has accepted that in most cases, deprivation rather than nullity is the correct process. Deprivation gives people stripped of citizenship a full right of appeal and has less of a knock-on effect on their families if carried through.

 

That means that the third parties (spouses and children) are not affected by the deprivation decision whereas they would be in the case of nullity. The worst affected are usually children.

 

>>> New code of practice on freezing immigrants’ bank accounts : <noindex>https://www.gov.uk/government/publications/...counts-measures</noindex>

 

The Home Office published a guidance for caseworkers on when to apply for a court order freezing the bank account of someone alleged to be in the UK unlawfully.

 

A freezing order under section 40C(2) of the Immigration Act 2014 “prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account”. The measure was introduced by Schedule 7 of the Immigration Act 2016, as part of the hostile environment package of restrictions aimed at making life intolerable for people without immigration status.

 

The banks are expected to carry out the first round of immigration checks on some 70 million accounts in January 2018.

[British Lawyer]

03 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Watch out for the approved IELTS tests centres !

 

The 6th April 2015 was the date from which ALL test taken on or after that date, needed to be from a test centre approved by the Secretary of State as a Secure English Language Test Centre. See Appendix FM 1.21 Guidance at paragraph 2.2.2:

<noindex>https://www.gov.uk/government/uploads/syste...ection_1.21.pdf</noindex>

 

The Guidance therein applies generally and not just to Appendix FM applications. The types of test which are approved are set out in Appendix O

<noindex>https://www.gov.uk/guidance/immigration-rul...-language-tests</noindex>

 

 

>>> What is coming up in relation to the UK and EEA law immigration in 2018 in the UK ?

 

Please note that this is a general attempt to predict the possible events that may or may not happen (thanks to the FMO)

 

Immigration White Paper

 

The contents of the White Paper are entirely unknown at the time of writing but are expected to address future EU migration and perhaps migration policy more generally. The fact that a major MAC report on future immigration is not expected until September 2018 suggests the White Paper may not be comprehensive when it does eventually arrive (see below).

 

Second phase EU-UK talks

 

With sufficient progress having been made, the second phase of EU-UK talks on future relationship will begin in early 2018, including on a transitional phase that is likely to preserve most or all elements of the single market and free movement of people.

 

European Union (Withdrawal) Bill

 

Formerly known as the “Great Repeal Bill” but also referred to in some quarters as the “Great Download and Save Bill” this is the main legislative measure bringing about Brexit. In short it:

Repeals the European Communities Act 1972

Directly incorporates into UK law some EU legislation

Imparts extensive powers to the Government to make secondary legislation relevant to Brexit

It is unknown when the Bill will become law but it is likely in early 2018.

 

Immigration Bill

 

This is anticipated to be a very short Bill subjecting EEA nationals to UK immigration law and formally repealing the Immigration (Economic Area) Regulations 2016. There may be some potential to propose amendments and it can act as a focus for discussion. Despite (or because of) immigration being an enormous and controversial subject, the Government already commands extensive powers to regulate immigration policy and law without primary legislation.

 

Migration Advisory Committee report on economic migration

The Migration Advisory Committee (MAC) is an official advisory body appointed by the Government to advise on immigration issues. MAC was commissioned in July 2017 to consider the position of EEA nationals in the UK labour market. The consultation formally closed in October 2017 and the final report is due September 2018.

 

Law Commission review of Immigration Rules

 

This exercise is confined to re-writing the law of immigration rather than the policy. However, the Law Commission is a genuinely independent (if conservative) body, consults widely and is already seeking assistance with its task. Simplification of immigration law is extremely desirable in order to improve accessibility.

 

Target for completion of UK withdrawal talks

 

The EU has set a target of Autumn 2018 for conclusion of withdrawal talks. This would in theory give sufficient time for all Member States to approve the deal, as is required by Article 50 TFEU (which governs withdrawal).

 

 

[British Lawyer]

04 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Home Office and Immigration Enforcement Guidance: Managing detainees' money over £1000 : <noindex>https://www.gov.uk/government/publications/...-exceeding-1000</noindex>

 

The revised DSO 05/2011 ‘Management of detainees’ cash exceeding the value of £1000, the Proceeds of Crime Act 2002 (POCA) and the referral process’. Now available via the above link.

The new iteration of this guidance contains updates to the referral process and to the on-call structure of the Intelligence and Financial Investigation teams.

 

[British Lawyer]

05 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Calculating a Settlement date – from the date of entry clearance was issued from the date the applicant entered the UK ?

 

The period between the issue of entry clearance and entering the UK : <noindex>https://www.google.co.uk/url?sa=t&rct=j...Lgw8gcaI-8YnTFB</noindex>

 

The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the relevant 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.

 

If the delay is more than 180 days, the applicant can only include time after the applicant entered the UK in the continuous period calculation.

 

>>> Correspondence from HM Courts and Tribunals Service re First-tier Immigration Bail: Immigration Act 2016 (4 January 2018) :

<noindex>http://legalcentre.org//files/IA2016-Stake...etter-final.pdf</noindex>

 

“First-tier Tribunal Immigration Bail: Immigration Act 2016

 

Schedule 10 to the Immigration Act 2016 comes into force on Monday 15 January 2018. It will make changes to the way in which immigration bail is managed by both the Secretary of State for the Home Department (SSHD) and the First-tier Tribunal (Immigration and Asylum Chamber). This letter is to update you on the main changes relating to the First-tier Tribunal.

 

 The current distinction between bail processes in Scotland and the rest of the UK will be removed; with procedures and terminology in use in England, Wales and Northern Ireland applying in Scotland. The terms ‘Bail Bonds’, ‘Recognizance’ and ‘Caution’ will all become known as ‘Financial Conditions’. Financial Conditions will only be payable when bail conditions are not complied with and a Judge has decided an amount is due following a ‘Payment Liability Hearing’ (rather than a Forfeiture Hearing), so it will no longer be possible to take a deposit of bail money in Scotland as a condition of granting bail. Anyone with funds currently lodged with the Tribunal will be entitled to receive a full refund on agreeing to an equivalent Financial Condition and will be contacted by the Glasgow hearing centre.

 

 Where the Tribunal orders that a Financial Condition be paid because of the breach of bail conditions, this can be done in person at a bank or by use of BACS – there will not be the ability to attend a court to make the payment as currently. In the event of non-payment, in England and Wales enforcement of Financial Conditions will move from magistrates’ courts to the county court. In Scotland it will be enforced by the sheriff court, and in Northern Ireland by a county court.

 

 Where a person has been in immigration detention for a period of more than four months a new duty is to be placed on the SSHD to refer the matter to the Tribunal for a decision on whether bail should be granted. This will not apply where the detainee gives written notice that they do not wish their case to be referred. Where a reference is made, it is to be treated as if it were an application for bail.

 

 Once it has granted bail, it will be possible for the Tribunal to direct that the SSHD may exercise power to amend or remove conditions of bail, or to impose new conditions. This means in effect that the Tribunal will be able to ‘transfer’ the management of bail to the Home Office. This will be highlighted on a revised version of the B1 Bail Application Form (see below) and the Tribunal will make any intention to do so clear at the bail hearing, so that the parties may make representations if they wish. This will be particularly important in the first few days of commencement when the current version of the B1 Application Forms may still be before the Tribunal.

 

Amendments reflecting these changes will be made to the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014, the Judicial Bail Guidance and to bail forms and notices which will be used across the UK.

 

Revised versions of the B1 Bail Application Form will be available for download from Formfinder (https://hmctsformfinder.justice.gov.uk/) on 12 January 2018. There will also be a new B2 Bail Variation application form for use where a person who is on Tribunal bail would like to change the conditions. If the Home Office wish to apply to the Tribunal to vary the conditions of bail they will use a B3 Application form.

 

Where an email address has been provided by yourselves on either the B1 or B2 forms bail decisions, where possible and when appropriate, will be served electronically rather than in hard copy.

 

HMCTS Immigration and Asylum Jurisdictional Support Team”

[fregat222]

Великобритания пока не видит возможностей для визовой либерализации с Украиной в ближайшее время, - посол Гоф

 

Посол Великобритании в Украине Джудит Гоф объяснила, почему ее страна не видит возможностей для визовой либерализации с Украиной в ближайшее время.

 

По ее словам, кроме всего прочего, этот вопрос осложнен недавним прецедентом, когда паспорт гражданина Украины незаконно получил гражданин другого государства - тот самый, который стрелял в чеченских добровольцев АТО Адама Осмаева и Амину Окуеву.

 

"Мы теперь ожидаем надлежащего расследования этого факта, чтобы убедиться в том, что процесс выдачи виз в Украине защищен и безопасен. Поскольку в ином случае либерализация угрожает уже Великобритании и безопасности ее граждан", - заявила Джудит Гоф.

 

Напомним, сразу же после первого покушения на Адама Осмаева и Амину Окуеву в Киеве, которое произошло 1 июня, нардеп от Народного фронта и член коллегии МВД Антон Геращенко заявлял, что напавший на них киллер получил украинские документы в феврале 2016 года.

 

"Буквально в течении пяти дней он оформил себе и паспорт гражданина Украины, и заграничный паспорт, и справку об индентификационном коде", - утверждал Геращенко.

 

Сообщалось также, что сразу после покушения у киллера обнаружили украинский загранпаспорт.

 

 

]]>Источник]]>

[British Lawyer]

08 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

>>> Big changes to continuous residence rule for ILR applicants

 

As a reminder of our last week's notification about the changes to continuous residence rule for ILR applicants, we are now explaining the changes in greater details.

 

The current test for assessing continuous residence is in paragraph 245AAA(a)(i) of Part 6A of the Immigration Rules. This states that an applicant for ILR must not have been absent from the UK for a period of 180 days or more in any of the five 12-month periods preceding the date of the application.

 

In practice, this means that if someone is applying for ILR on 10 January 2018, they have to count back 365 days to 11 January 2017 to check that they have not exceeded the 180-day limit in that period, and so on until the start of their five years’ residence in the UK.

 

From 11 January 2018, the wording of the rule is going to change so that an applicant for ILR must not be absent for more than 180 days during any 12-month period over the five years.

 

The difference is subtle but significant. It will mean that an application for ILR could be refused if at any point over the five years the 180-day limit is exceeded in any 12-month period. Absences are calculated on a rolling basis, instead of in fixed blocks.

 

 

[British Lawyer]

09 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> The rights of the EEA citizens and their family members after Brexit, as defined by the UK Government at this stage

 

On the 8 December the British Government reached an agreement with the EU which gives some more clarity about the status of EU nationals following Brexit. The agreement so far is limited to EU nationals who arrive in the UK before the “specified date” of 29 March 2019.

 

People who, by 29 March 2019, have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means they will be free to live here, have access to public funds and services and go on to apply for British citizenship.

 

People who arrive by 29 March 2019, but won’t have been living here lawfully for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5-year threshold. They can then also apply for settled status

 

Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will also be able to apply for settled status, usually after 5 years in the UK

 

Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019

 

More likely, applicants will be asked to provide proof of their exercise of treaty rights (e.g. evidence of work) and not just evidence they they simply resided in the UK. For those who do not have this evidence, the situation may be critical, as the UK BA is yet to come with a decision about EEA national.

[British Lawyer]

10 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> UK BA's clarification about the shares, held by the Tier 1 Entrepreneur Team members

 

The new rules coming into force from 11 January amend that paragraph to say: ‘The applicants have equal level of control over the funds and (where relevant) equal status as owners, directors and/or members of the business or businesses in question.’

 

The UK BA explains that “It is the level of control which is important. The rule is intended to exclude applicants who are very much the “junior partner” tagging along as the team member of the main entrepreneur. As long as both applicants are owners, directors and/or members, and have equal control of the funds, then the rule is satisfied.”.

 

 

 

 

 

[British Lawyer]

12 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Updated UK Visas and Immigration Guidance (11 January 2018)

 

- UK Visas and Immigration Guidance: Dependants of part 5 migrants (11 January 2018): <noindex>https://www.gov.uk/government/publications/...part-5-migrants</noindex>

 

Modernised guidance for how UK Visas and Immigration considers applications from dependants of part 5 migrants

 

- UK Visas and Immigration Guidance: Guidance for dependants of UK visa applicants (Tiers 1, 2, 4, 5) (11 January 2018): <noindex>https://www.gov.uk/government/publications/...s-tiers-1-2-4-5</noindex>

 

Full guidance on the policy for applications by the family of people who have UK visas under the points-based system (PBS dependants).

 

- UK Visas and Immigration guidance - Guidance on policy for UK visas under Tier 1 (Exceptional Talent) (11 January 2018): <noindex>https://www.gov.uk/government/publications/...eptional-talent</noindex>

 

This is the full guidance on UK Visas and Immigration's policy on visa applications under Tier 1 (Exceptional Talent).

Use this guidance if you are applying for an initial visa or a visa extension under Tier 1 (Exceptional Talent) and you want to understand the details of the policy for this immigration category.

 

- UK Visas and Immigration Guidance - Points-based system: Tier 1 (Entrepreneur) (11 January 2018): <noindex>https://www.gov.uk/government/publications/...-1-entrepreneur</noindex>

 

Guidance for how UK Visas and Immigration considers applications in the Tier 1 (Entrepreneur) category of the points-based system (PBS).

 

- UK Visas and Immigration form - Application to extend your stay in the UK as a Tier 1 Entrepreneur (11 January 2018): <noindex>https://www.gov.uk/government/publications/...-1-entrepreneur</noindex>

 

Form to extend your existing visa under Tier 1 (Entrepreneur) or to switch into it from another immigration category

 

- UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): <noindex>https://www.gov.uk/government/publications/...tier-1-investor</noindex>

 

Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.

 

- UK Visas and Immigration Guidance - Sponsor a Tier 2 or 5 worker: Guidance for employers (11 January 2018): <noindex>https://www.gov.uk/government/publications/...e-for-employers</noindex>

 

Guide on how to apply for a Tier 2 or 5 sponsor licence and how to sponsor a migrant worker.

 

- UK Visas and Immigration Guidance - Sponsor guidance appendix A: supporting documents for sponsor applications (11 January 2018): <noindex>https://www.gov.uk/government/publications/...ions-appendix-a</noindex>

 

List of documents that businesses and universities must provide with an application for a Tier 2, 4 or 5 sponsor licence

 

- UK Visas and Immigration Guidance - Guidance on application for UK visa as Tier 2 worker (11 January 2018): <noindex>https://www.gov.uk/government/publications/...s-tier-2-worker</noindex>

 

Guidance to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.

 

- UK Visas and Immigration Guidance - Points-based system Tier 1 (Investor) (11 January 2018): <noindex>https://www.gov.uk/government/publications/...tier-1-investor</noindex>

Modernised guidance for how UK Visas and Immigration considers applications in the Tier 1 (Investor) category of the points-based system.

 

 

 

 

 

 

[British Lawyer]

15 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Court of Appeal stomps on human rights appeals for visitors

 

In three notionally separate but transparently linked judgments the Court of Appeal last year stomped all over the idea of visitors to the UK being able to appeal visa refusals on human rights grounds. The judgments not only severely curtail the possibility of human rights appeals in visit cases but also, because the statutory right of appeal in general later followed the lead set by visit appeals, have wider implications for all immigration appeals. See <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/1393.html</noindex>, <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/1511.html</noindex> and <noindex>http://www.bailii.org/ew/cases/EWCA/Civ/2017/1757.html</noindex>

 

>>> Long residence and private life resources—overview: <noindex>https://www.lexisnexis.com/uk/lexispsl/immi...ources_overview</noindex>

 

>>> The NHS is interfering with immigrants' visa applications if they don’t pay up their hospital debts: <noindex>http://www.independent.co.uk/voices/nhs-im...s-a7672006.html</noindex>

 

Just a reminder that the facts mentioned in the link above are still valid today, so be warned !

 

See further helpful information below.

 

>>> NHS maternity care for women from abroad (in England): <noindex>https://www.maternityaction.org.uk/advice-2...en-from-abroad/</noindex>

[British Lawyer]

16 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Owing debt to the NHS that prevents you from lodging a UK Visa application ?

 

If you owe certain debt to the NHS (usually thousands of ££££ following the use of the NHS while on a visitor's visa or even unlawfully), you may come to an agreement with the hospital to pay the debt off monthly. When lodging your immigration application then you may ask the UK BA to exercise their discretion favorably.

 

 

 

[British Lawyer]

17 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Dealing with the post-Sala type of the extended family member application refusals ?

 

It may be the case when the First Tier Tribunal (FTT) judge may misguide himself and made a decision that there is no valid appeal under 2016 Regs. Should it be the case, then the appellant may ask the the FTT to review the decision. One may be tempted to lodge a Judicial Review (JR) instead, yet the JR may not be a competent remedy as one now knows that technically there is an alternative remedy.

 

>>> A definition of a “parent” unde the UK Immigration Rules

 

“A parent” is defined in the interpretation section of the Rules as:

“a parent” includes

…

(d) an adoptive parent, where a child was adopted in accordance with a decision taken by the competent administrative authority or court in a country whose adoption orders are recognised by the United Kingdom or where a child is the subject of a de facto adoption in accordance with the requirements of paragraph 309A of these Rules (except that an adopted child or a child who is the subject of a de facto adoption may not make an application for leave to enter or remain in order to accompany, join or remain with an adoptive parent under paragraphs 297-303);

 

The relevance to this Rule may be helpful when, for example, a PBS applicant intends to bring an adopted child with him/her into the UK

[British Lawyer]

Обратите внимание, что обновилась форма SETO: <noindex>https://www.gov.uk/government/publications/...he-uk-form-seto</noindex>

 

Форма стала больше, теперь в ней 86 страниц.

 

Главное изменение - в форме SETO теперь нужно указывать отсутствия и для членов семьи главного заявителя, а не только для гавного заявителя, как было раньше.

 

Я на связи здесь, если есть вопросы : <noindex>https://legalcentre.org/Konsultacija-s-Advokatom.html</noindex>

 

 

[British Lawyer]

18 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Updated UK Visas and immigration Guidance (17 January 2018)

 

- UK Visas and Immigration Guidance: Guidance on application for UK visa as Tier 1 (Entrepreneur) (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...-1-entrepreneur</noindex>

 

Guidance to apply to come to the UK as a Tier 1 (Entrepreneur) or to extend your stay.

 

- UK Visas and Immigration Guidance: Guidance on application for UK visa as Tier 1 Investor (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...tier-1-investor</noindex>

 

Guidance to apply to come to the UK as a Tier 1 (Investor) or to extend your stay.

 

- UK Visas and Immigration - General grounds for refusal: considering entry clearance (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...entry-clearance</noindex>

 

UK Visas and Immigration guidance on considering applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse clearance to enter or remain.

 

- UK Visas and Immigration Guidance General grounds for refusal: considering entry at UK port (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...ntry-at-uk-port</noindex>

 

This document is used by UK Visas and Immigration to consider applications from migrants to enter or remain in the UK. It covers what officers should consider when they refuse leave to enter or variation of leave to enter on general grounds.

 

- UK Visas and Immigration Guidance - General ground for refusal: considering leave to remove (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...leave-to-remain</noindex>

 

Section 4 of the general grounds for refusal that UK Visas and Immigration use.

 

- UK Visas and Immigration Guidance - General grounds for refusal: refusing and refusal wording (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...refusal-wording</noindex>

 

Section 5 of the general grounds for refusal used by UK Visas and Immigration.

 

- Report on review of cash allowance paid to asylum seekers:

<noindex>https://www.gov.uk/government/publications/...-asylum-seekers</noindex>

 

- UK Visas and Immigration Form: Application for Secretary of State for immigration bail (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...mmigration-bail</noindex>

 

Form for detainees to make an application to the Secretary of State to be released on bail.

 

- UK Visas and Immigration Guidance: Offender management (15 January 2018) : <noindex>https://www.gov.uk/government/publications/...nder-management</noindex>

 

Guidance on immigration offender management for officers dealing with enforcement immigration matters within the UK.

 

 

[British Lawyer]

22 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> The EU Court of Justice faced with a Schengen Conundrum: an expulsion order in one Member State to a third country national with a valid residence permit in another Member State. The case of C-240/17 E 16 January 2018

 

This is a very interesting, if rather complex case. Three things are worth noting from it. First, as the Court has done in the case of the Dublin III Regulation, it has found that administrative provisions of regulations which govern what states are supposed to do with people produce legal effects on which the affected people may rely. The individual can rely on EU law even where it is written in terms of inter-state procedures. The requirement is the same as that for direct effect – the provision must be clear, precise and unconditional. Secondly, the Court gives priority to the residence permit which has not been withdrawn over the expulsion decision and re-entry ban. So long as a Member State does nothing to withdrawn a residence permit, another Member State cannot expel outside the Union the third country national (but possibly can oblige him or her to go to the Member State which issued the residence permit). It does not matter that the Member State which issued the residence permit has failed to comply with the rules. Thirdly, the complex intersection of CISA, an agreement among Member States originally outside the scope of EU law and only integrated in an incomplete manner by the Amsterdam Treaty in 1999, and EU law proper – the regulations and directives – moves in the direction that the EU adopted measures are gradually replacing the provisions of CISA. There is no ‘backward’ movement whereby Member States can ‘recover’ flexibility under CISA which has been ruled out by subsequent EU law provisions.

 

 

 

 

[British Lawyer]

24 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

Особо важная или интересная информация выделеноа красным цветом

 

>>> Updated guidance "Indefinite Leave to Remain: calculating continuous period in the UK" - 24 January 2018: <noindex>https://www.gov.uk/government/publications/...us-period-in-uk</noindex>

 

The guidance on calculating the 5 year continuous period in the UK requirement for an applicant has been updated fIn the PBS dependents section the guidance stated that absences would be counted for dependents with leave granted from 2 October 2017 . The guidance has now been updated to include the correct date of the 11 January 2018.

 

>>> UK Visitor Visa vs EEA Family Permit for your parents if you are a visa national who is married to an EEA national

 

I you are a visa national married to an EEA national and you wish to invite your visa national parents to the UK, the EEA Family Permit Route may be of interest to you. In this case your parents can come to the UK under the Immigration (EEA) Regulations 2016 if the parents are dependant on your EEA spouse. In this case case the parents are direct family members within the Regulation7((ii). If one has the documentation to support the dependency, then pne may consider lodging the EEA Family Permit application as it is extremely difficult these days to get a visit visa application approved. If the dependency evidence is not there, then the one may nee to go for the visit visa.

 

>>> Can a single parent visa national living with a British child outside of the UK return to live in the UK ?

 

Apparently it is possible under the ‘parent‘ route under the Appending FM and a derivative right of admission under the EEA Regulations on the Ruiz Zambrano grounds.

 

Moreover, the Regulation 11(5)(a) of the Immigration (EEA) Regulation 2016, the Ruiz Zambrano right of admission, does not require the child to live in the EU but only to be a British Citizen. One may also argue that there are paras of the Appendix FM - GEN.1.3.,3.2. And 3.2 - which allow an application to be made by the parent of a British Citizen to bring the child to the UK even if they do not meet all the requirements, where the resulting refusal would be unduly harsh.

 

>>> Returning from outside the UK to challenge deprivation of citizenship

 

What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicial review proceedings be initiated to seek an interim order requiring the Secretary of State to facilitate return?

In R (W2 and IA) v Secretary of State for the Home Department [2017] EWCA Civ 2146, the Court of Appeal concluded no, judicial review is not the correct approach. SIAC has the power to adjudicate a refusal of leave to enter in the course of an appeal, and therefore provides an adequate alternative remedy to judicial review.

 

>>> Settlement refusal overturned after failure to consider mental health evidence

 

Should the Home Office read all of the supporting evidence sent in with an application?

 

The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the claimant, Marie Gayle, and whether the decision to refuse to grant her indefinite leave to remain outside the rules was lawfully reached.

 

 

 

[British Lawyer]

29 January 2018 – Helpful and just interesting Immigration News from the Immigration Lawyers who can really help - www.legalcentre.org – Mob/Viber/WhatsApp : +44(0)7791145923

 

>>> Unlawful retention of passport by Entry Clearance Officers (ECOs) : <noindex>http://www.bailii.org/ew/cases/EWHC/Admin/2011/1388.html</noindex>

 

The case of R (on the Application of Atapattu) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) (27 May 2011) is an important case that I was just too busy to write up at the time but to which a return is worthwhile. It concerns the unlawful retention of a passport by an Entry Clearance Officer and a claim for damages for conversion. Conversion is a tort under Section 1 of the Torts (Interference with Goods) Act 1977 and is basically akin to theft.

 

In this case the claimant had written to the ECO demanding return of the passport, which belonged to him, the claimant. The ECO had simply ignored all such correspondence and only returned the passport after the commencement of legal proceedings. The claim for conversion was therefore made out.

 

>>> How to request to set aside the Determination of First Tier Tribunal in fast track asylum appeals ?

If an asylum seeker’s case has been determined by the First Tier Tribunal under the fast track scheme, and the one comes across the overriding case-law (new) etc, then the one can write a letter to the concerned Tribunal and the Tribunal will pass the request to the duty judge to be looked at.

 

>>> Are you an overstayer with a joint British child who lives with the other parent ? You can may be able to regularize your immigration status without leaving the UK

 

If you are an overstayer with a joint British child who lives with the other parent, you may still be able to regularize your immigration status in the UK and remain in the UK lawfully on the so-called 10 Year Route to Settlement.

 

In terms to the parental responsibility by an overstayer, it may be sufficient to provide a written confirmation of mutual consent, without any contact order.

 

The “no order” principle under the Children Act 1989 may apply and the family court may not issue a contact order or rather a Family Arrangements Order as they are now called. This is usually the case where two parents with parental responsibility for a child have mutual agreement / arrangements for the child(ren)’s welfare.

 

So the one can go for the signed written agreement and inform the UK BA of this “no order principle” and it may be fine in line with the FLR(FP) applications.

 

>>> Joining your British/Settled sponsor for Settlement with children one of which is over the age of 18

 

It may still be possible to bring your over the 18 years old child for Settlement with you. The UK VAC is likely to refuse the initial application yet it may be possible to challenge the refusal and succeed following the Art 8 (Human Rights) ECHR appeal. The over 18 years old child then may be granted leave outside the Immigration Rules on the Art 8 ECHT grounds.