Важные судебные решения и новости для иммигрантов

[British Lawyer]

04 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Changes to UKVCAS website

UKVAS have implemented a small website change. Part of this change will mean the Google Map on the search page will no longer be visible. Members and applicants can still search for appropriate service points using the postcode finder and the rest of the user journey remains the same.

>>> Correspondence with Richard Jackson (Immigration Policy, Home Office) regarding COVID Switching Concession

Question: Can this applicant switch now in-country ?

-      Application in the UK as a visitor
-      Leave still valid therefore exceptional assurance is not needed
-      Applicant has a job offer but no CoS has yet been issued

So, can the applicant apply in county for permission to stay as a Skilled Worker with an undefined CoS or must they leave the UK and seek entry clearance with a defined CoS?

Response from the UK BA Policy department:

“This would be a permission to stay application, and the sponsor could assign an undefined CoS."

>>> Prove your English language abilities with a secure English language test (SELT) : https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=c98365e6-37b5-4ea7-bea3-c3f0cf22a406&utm_content=immediately

An updated list of approved test centres in and outside the UK

>>> Apply to the EU Settlement Scheme (settled and pre-settled status) translations: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjD8-Xr4a_wAhULSxUIHet_Dc8QFjAAegQIAxAD&url=https%3A%2F%2Fwww.gov.uk%2Fguidance%2Fsettled-status-for-eu-citizens-and-their-families-translations&usg=AOvVaw1BVtfGQ-sr8k6nmrOmJ5ou

The title of the guidance has been updated to match the English version

>>> Suitability: previous breach of UK immigration laws (immigration staff guidance): https://www.gov.uk/government/publications/suitability-previous-breach-of-uk-immigration-laws-immigration-staff-guidance?utm_medium=email&utm_campaign=govuk-notifications&utm_source=9f64ab73-f34b-492c-96b7-a555eafe6d07&utm_content=immediately

The guidance has been updated with minor amendments to clarify when an application can be refused where previous deception has been used

>>> Russia: country policy and information notes: https://www.gov.uk/government/publications/russia-country-policy-and-information-notes?utm_medium=email&utm_campaign=govuk-notifications&utm_source=4b60d5bf-471b-4f05-b993-670965a582e1&utm_content=immediately

A CPIN on Jehovah’s Witnesses has been added

[British Lawyer]

05 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Fresh blow to “no recourse to public funds” scheme: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1085.html

Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children.

The case of ST (a child, by his Litigation Friend VW) & VW v Secretary of State for the Home Department [2021] EWHC 1085 (Admin) focused specifically on the approach to NRPF in Appendix FM. This is the section of the Immigration Rules applicable to the family members of British citizens and those with long-term residence rights.

 

[British Lawyer]

06 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Asylum right to work policy changed to allow more discretion: https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction

The Home Office has updated its policy guidance on when asylum seekers can get permission to work, following two cases finding the previous version unlawful. The update (version 10.0, published on 4 May 2021) explicitly mentions that exceptions can be made to the strict rules against working while awaiting an asylum decision.

 

[British Lawyer]

07 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Student visa and BRP/BRC replacement applicants will not be able to book an appointment immediately following an on-line application

The Home Office intends to start using the IDV App so the applications could enrol for the biometric and upload their supporting documents via their mobile phones.

The IDV App was widely used by the Home Office during the 1st lockdown.

The Legal Centre (www.legalcentre.org) believes that the Home Office is moving towards the "all digital documents".

See below for the relevant case-law, confirmin that point.

>>> Digital-only immigration status for EU citizens: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1159.html

The High Court has issued a judgment refusing permission for a judicial review challenge to the government’s policy of giving digital-only proof of immigration status to millions of EU citizens. The case is R (The 3million Ltd) v Secretary of State for the Home Department [2021] EWHC 1159 (Admin).

People granted pre-settled or settled status are not being issued with physical residence permits. Instead, their status exists in the ether. People can pull their individual proof of status out of a Home Office database using a “view and prove” service on gov.uk.

>>> Judges can decide after the hearing whether an out-of-country appeal is fair: https://www.bailii.org/uk/cases/UKUT/IAC/2021/95.html

Juba (s. 94B: access to lawyers) [2021] UKUT 95 (IAC) is the latest judgment dealing with the “deport first appeal later” policy, following on from the famous Kiarie and Byndloss case. In Juba, the Upper Tribunal has found that it was acceptable for the First-Tier Tribunal to hear an appeal brought from abroad after deportation, and to only then decide whether the appellant had been deprived of the ability to secure legal representation, and/or to give instructions and receive advice.

 

[British Lawyer]

08 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> The UK-India migration deal: https://www.gov.uk/government/publications/migration-and-mobility-partnership/mou-on-migration-and-mobility-partnership-between-india-and-the-united-kingdom

The UK and India signed a non-binding agreement on migration this week. The basic ingredients are to beef up cooperation on removing unauthorised migrants in exchange for a minor liberalisation on youth mobility-type visas and some warm words on encouraging temporary migration more generally. Such a deal has been on the cards for years and a text was reportedly ready for signature in 2018, but was dropped in light of the Windrush scandal which made removals politically unappealing for a time.

The Young Professionals Scheme

The element of the deal most likely to result in substantive change to the Immigration Rules is the “Young Professionals Scheme” referred to in Paragraph 5 of Chapter 3 and Annex I. This will allow Indian nationals aged between 18 and 30 to live and work in the UK for up to two years, and vice versa. There will be a quota, initially 3,000 places a year. The scheme is therefore similar to the existing Youth Mobility Scheme in place for a small number of developed countries.

There are some differences. In particular, that Young Professionals:

    "must hold a diploma / degree which validates as far as possible at least three years’ higher education corresponding to the qualification required for the employment on offer or have professional experience of comparable level in the sphere of activity concerned and be able to express themselves in the language(s) of the host country."

The Youth Mobility Scheme has no qualification or English language requirements. Nevertheless there will be many millions of Indians who meet these criteria, so the quota is likely to be oversubscribed. Presumably there will be a lottery if that is the case, as for Youth Mobility countries like Taiwan.

Another possible difference: the Young Professional could require employer sponsorship. That would make the scheme quite different to Youth Mobility, which does not tie the person to any one employer (or even require the person to work at all, in theory). The bit about qualifications having to be related to “the employment on offer” sits oddly with an unsponsored route, though, so perhaps the scheme will be much less flexible than Youth Mobility after all.

If the scheme does turn out to be much like Youth Mobility, that would be the first time that it will be opened to visa nationals. But the old Working Holiday Maker visa, abolished in 2008, was open to Indians and many other visa nationals, so in that sense "there is nothing new under the sun".

Other migration provisions

Much of the rest is fluff that refers to visas that already exist. For example, “Indian nationals who successfully complete their studies and who wish to supplement their training with professional experience in the UK may apply to remain in the UK on a work-based immigration route”. Similarly, there is nothing of substance in Chapter 2 on visit visas (“The UK will continue to welcome Indian nationals who wish to visit the UK in order to undertake a wide range of activities in accordance with the UK Immigration Rules”).

The pre-deal spin suggested that there would be something concrete on student visas which “could allow thousands more Indian students to enrol in UK universities”. Nothing seems to have come of that.

Theoretically, the Chapter 3, Paragraph 8 may be hinting at some sort of new research visa or add-on to the Global Talent route, but we will have to wait and see.

Removing unauthorised migrants

Then there is the quid pro quo: “Cooperation relating to the prevention and combatting of illegal migration” (Chapter 4 and Annex 2). This includes procedures for verifying the identity of someone being sent back, types of documents that will be accepted for that purpose, and timelines for acknowledging responsibility for the person being removed. If they have a passport, the authorities in the country of return are supposed to respond within 20 days (or failing that, 30 days). If not, the timeline is 60/90 days. Emergency Travel Documents should be issued within five working days.

Also in Chapter 4 is a provision targeting Indian nationals said to be deliberately making their UK-born children stateless in order to secure them permission to remain. This echoes a clampdown on perceived abuse of the statelessness rules in the New Plan for Immigration.

Chapter 5 then discusses information and intelligence sharing on border security, trafficking and forgery.

It is hard to assess the likely impact of this in the abstract. The Home Office is briefing that returns to India could reach “tens of thousands” as a result of the deal. In 2019, total voluntary and enforced returns of Indian citizens from the UK was 2,100 and the average over the past decade was around 6,000 a year. Returns did peak at 10,000 in 2012, so tens of thousands is not necessarily out of reach, although the fact that such a figure was possible back then suggests that the issue is not so much the absence of a deal like this as underperformance by Immigration Enforcement.

[fregat222]

Британской экономике предрекли сильнейший за 80 лет рост

ВВП Великобритании по итогам нынешнего года увеличится на 7,25%, что станет самым высоким показателем роста национальной экономики с 1941 года. Об этом говорится в опубликованном в четверг докладе Банка Англии (Центробанка страны).

Изначально регулятор предполагал, что британский ВВП в 2021 году прибавит 5%, однако, как пояснили специалисты, строгие ограничения, действовавшие в стране с января по середину апреля для борьбы с распространением коронавируса, оказали не столь негативный эффект на экономику королевства, как ожидалось.

Напомним также, что экономика Великобритании рухнула по итогам 2020 года на 9,8%, что стало рекордным годовым падением за всю историю подсчетов.

При этом в IV квартале 2020 года показатель опустился на 7,8% в годовом сопоставлении, но вырос на 1% относительно предыдущих трех месяцев.

Добавим также, что в III квартале 2020 года ВВП Великобритании упал на 8,7% в годовом исчислении, а в квартальном — подскочил на рекордные 16,1%. Причем рост относительно предыдущего квартала стал максимальным с начала отслеживания этого показателя в 1955 году.

 

Источник

[British Lawyer]

10 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> UK visa fees: https://www.gov.uk/government/publications/visa-regulations-revised-table/fees-5-october

Updated the 5th October 2020 fees table In-UK Student and Child Student Route. The updated table of fees can be found via the link above

>>> EU Settlement Scheme: evidence of UK residence: https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-uk-residence?utm_medium=email&utm_campaign=govuk-notifications&utm_source=2cdc8288-da54-4046-8010-655d1ee111c7&utm_content=immediately
The document has been updated to clarify you’ll need to provide one document to show that you were resident in the UK before 31 December 2020.

>>> EU Settlement Scheme caseworker guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjfzNDI7r7wAhUE6OAKHUffByQQFjABegQIAxAD&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F981908%2Feu-settlement-scheme-person-with-a-zambrano-right-to-reside-v4.0-ext.pdf&usg=AOvVaw3pV_zpF6m5NJzT6ztHuSy0

Updated ‘EU Settlement Scheme: person with a Zambrano right to reside’ to reflect the changes to Appendix EU made in Statements of Changes in Immigration Rules, up to HC 1248, laid on 4 March 2021.

>>> Request personal data held in the immigration and borders system: https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration

Updated as the Home Office is now able to provide personal data held on some paper records

>>> Skilled Worker visa caseworker guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwi0ifeY777wAhVLLBoKHTVgAeAQFjAAegQIAhAD&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F974078%2Fskilled-worker-caseworker-guidance-v2.0ext.pdf&usg=AOvVaw14JaQw1sFJD4M7hAf3uEu7

Updated caseworker guidance.

>>> Permission to work: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwi92Nyu777wAhUR8eAKHZjGAIgQFjAAegQIAxAD&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F983283%2Fpermission-to-work-v10.0ext.pdf&usg=AOvVaw32RldgkUJftFHsD0Q7Iq4A

Updated the permissions to work and volunteering for asylum seekers guidance with the latest version.

[British Lawyer]

11 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Congolese man unlawfully detained for three and a half years: https://www.bailii.org/ew/cases/EWHC/QB/2021/288.html

"To a person in detention, particularly in prison, every day of freedom lost matters and the Defendant needs to be able to justify it. In this case I think that principle became lost to sight."

So says the High Court in the case of Louis v Home Office [2021] EWHC 288 (QB), a depressing false imprisonment claim in which the Home Office was taken to task for its appalling treatment of a vulnerable detainee who was held under immigration powers for over four years.

The court found a multitude of failures going “very well beyond maladministration” that resulted in Mr Louis, a care leaver who arrived in the UK aged 13, being unlawfully detained for 42 of the 51 months he spent in immigration removal centres.

The case also shows the necessity of an effective system for monitoring detainee welfare on the prison estate, an issue to which the courts are now becoming alert.

 

[British Lawyer]

13 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Home Ofice news

- UKVCAS document upload categories

UKVCAS are in the process of making changes to the categories section of the UKVCAS website for customers who self-upload their documents.
 
In the meantime, customers are reassured that all documents they choose to upload in support of their application are checked and - considered by UKVI caseworkers.  

- Changes to service point locations

The UKVCAS Manchester Fountain Street Service Point is now closed and has relocated as the Manchester (Core) site based at Saint James Tower, 7 Charlotte Street, Manchester M1 4DZ. All customers whose appointment has been affected will receive an updated confirmation e-mail from UKVCAS and are encouraged to check their email and phone for messages.

Since our last update, UKVCAS have also opened the Aberdeen Enhanced Service Point (ESP) at Regus, 1, Marischal Square, Aberdeen AB10 1BL.

- Visa pause 

As part of the government strategy designed to protect the UK’s health system during the global pandemic, UKVI recently paused the issue of transit and visit visas in red list locations. This has now been updated for transit visas.

>Transit visa – Applications for Visitor in Transit and Direct Airside Transit Visas that have already been submitted will now be issued and new applications will be processed as normal.
>Visit visa – In red list locations the pause on issuing visit visas is still in place and will be kept under review. There is no change to the UKVI approach to applications lodged in red list locations in a category where there are residence rights

- Fast track immigration route opens for prestigious award winners

The Global Talent route is part of the UK’s new points-based immigration system, which will attract the best and brightest to the country depending on the skills they can bring, rather than their nationality.

From 5 May, individuals who have won prestigious awards from across the sciences, humanities, engineering, the arts and digital technology will be able to take advantage of changes to the Global Talent visa route.

[British Lawyer]

14 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Updated advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic:

The following temporary changes were made on 30 March 2020 and remain in place until 20 June 2021 (inclusive):

Updated advice for employers carrying out right to work checks during the coronavirus (COVID-19) pandemic.

The following temporary changes were made on 30 March 2020 and remain in place until 20 June 2021 (inclusive):

    -checks can currently be carried out over video calls
    -job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
    - employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents

Checks continue to be necessary and you must continue to check the prescribed documents set out in right to work checks: an employer’s guide or use the online right to work checking service. It remains an offence to knowingly employ anyone who does not have the right to work in the UK.

>>> £100 million investment visa loan scheme ruled legal after all: https://www.bailii.org/ew/cases/EWCA/Civ/2021/679.html

A £100 million scheme for loaning migrants the money for an Investor visa was legal after all, the Court of Appeal has ruled. The case is R (Wang & Anor) v Secretary of State for the Home Department [2021] EWCA Civ 679. It overturned a previous Upper Tribunal decision that the scheme did not meet the Investor rules because the money invested was not under the borrower’s control.

The court reached this conclusion reluctantly and criticised the shoddy drafting of the Immigration Rules in allowing the scheme to operate despite what the Home Office intended.

 

[British Lawyer]

15 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> “Hand on the tiller” prosecution for assisting unlawful immigration fails: https://www.bailii.org/ew/cases/EWCA/Crim/2021/503.html

Fouad Kakaei is an Iranian man who helped steer small boats carrying asylum seekers across the English Channel on two separate occasions, in July and December 2019. He also attempted to cross on several other occasions. Following the July 2019 crossing, he did not claim asylum here in the UK and was returned to Denmark, where a previous claim for asylum had already been refused. He did claim asylum in the UK after the December crossing but was charged with illegal entry under section 24 of the Immigration Act 1971, pleaded guilty and was sentenced to four months’ imprisonment. He also faced trial for the separate crime of assisting unlawful immigration, an offence under section 25 of the 1971 Act attracting a maximum sentence of 14 years. Following a legal ruling at his trial, he pleaded guilty to this offence as well and was sentenced to 26 months’ imprisonment.

Fast forward through a lenghly determination:

Mr Kakaei therefore had a defence: it is not a breach of UK immigration law for asylum seekers to claim asylum at port on arrival and therefore he had not necessarily assisted unlawful immigration. Given that he was acquitted yesterday, it looks like this defence was accepted by the jury.

>>> Court of Appeal considers unduly harsh deportation test (again): https://www.bailii.org/ew/cases/EWCA/Civ/2021/619.html

The Court of Appeal has considered, again, whether it is “unduly harsh” for British children to be separated from their father on the basis that he is a foreign criminal.

The case is TD (Albania) v Secretary of State for the Home Department [2021] EWCA Civ 619. It concerns an Albanian national who was granted indefinite leave to remain in 2011 and lives here with his British partner and their three children. Due to his persistent criminal offending, the Home Office decided to deport him. The question for the Court of Appeal was whether it would be unduly harsh for them to do so.

 

[British Lawyer]

17 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Visa and immigration reconsideration requests: https://www.gov.uk/visa-and-immigration-reconsideration-requests

You might be able to ask for the decision on your visa or immigration application to be reviewed if you applied in the UK.

This is known as a ‘reconsideration request’. It isn’t a formal appeal or an administrative review. You can’t ask for a reconsideration if you have a right to an appeal or a review.

When you can make a reconsideration request

You can make a reconsideration request if you believe immigration rules or policies weren’t followed correctly when the decision was made.

You must be in the UK to make the request.

You can only make a request if you applied in the UK to:

    -transfer your visa to a biometric residence permit - known as a ‘transfer of conditions’ (TOC)
    -transfer your indefinite leave to remain to a biometric residence permit - known as ‘no time limit’ (NTL)
    -extend your leave, switch your visa or settle in the UK

You can make a request if your application for TOC, NTL or leave to remain was successful but you believe the type or the expiry date of the leave is wrong.

You can also make a request if your TOC or NTL application was refused and you have any of the following:

    -new evidence about the date of the application
    -new evidence to prove that your documents were authentic
    -evidence that information received by UK Visas and Immigration (UKVI) before the decision date was not available to the team who made the decision

These are the only kinds of new evidence that you can use. You can’t make a request if it relates to any other sort of new evidence that wasn’t received by UKVI before the decision date.

When you can’t make a reconsideration request

You can’t make a reconsideration request if you have a right of appeal or right to an administrative review against the decision.

Your decision letter will usually tell you if you have either of these rights.
When your request will be rejected

Your reconsideration request will be rejected if you:

    -make a new application before or after you send the request
    -have since been given permission to stay in another visa category
    -left the UK and your permission to stay has expired
    -were removed or deported from the UK
    -have already exhausted your appeal rights or lost your case in a judicial review
    -need to make an appeal or apply for an administrative review instead of making a reconsideration request

How to make a request

Write a letter saying why you think the decision was wrong. Refer to the rules or policy under which you applied - check the guidance for your application to find the right rules or policies.

Send your request to the team who made the decision on your original application - the address will be shown on the decision letter.

You must make your request as soon as possible and no later than 14 days after you get the decision on your application.

You can only make one reconsideration request.

Legacy requests

If you made your request before 13 November 2012 (known as a ‘legacy request’) and your immigration status is still not resolved that request will still be considered as long as you meet the guidance requirements.

[British Lawyer]

18 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications&utm_source=d42040b8-f21d-49f7-b7c2-8c989de0b28e&utm_content=immediately

If you are in a red list country and wish to apply for a visitor in transit or direct airside transit visa (DATV) we are now able to process your application, as the pause on issuing transit visas has been lifted.

>>> Prove your English language abilities with a secure English language test (SELT) Guidance: https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt?utm_medium=email&utm_campaign=govuk-notifications&utm_source=5dd73aac-246c-45f8-a7b4-35bc162f23a9&utm_content=immediately

The list of test centres in and outside the UK has been updated.

>>> Request personal data held in the immigration and borders system: https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration

Links have been added to check an individual’s immigration status, right to work or rent to prevent subject access requests being made when other sources of information are available.

>>> Immigration Act 2014: appeals: https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwji06a18NDwAhUJDxQKHXq_CuQQFjAAegQIAxAD&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F983591%2Feuss-appeals-certifying-v1.0-gov-uk.pdf&usg=AOvVaw0N9m8dkfpT-TvhTFvFBV4I

A new document has been added titled: EU Settlement Scheme appeals: certification in national security and deportation cases.

 

18 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Validity dates of Biometric residence permits (BRPs)

NB ! )- DO NOT mix it with the BRC (EU law) permits ! BRP and BRC are the TWO different things. Old type BRC (EU Family Members) must be replaced beofore the 1st July 2021.

From the Home Office:

"To comply with EU regulations and to include the next generation of encryption technology, BRPs will contain a valid until date of 31 December 2024. This means that some BRPs will be issued with a validity date shorter than that of the leave granted. The date restriction does not change any of the conditions or validity of the leave.

It was the intention to resume issuing BRPs for the full duration of the leave (or 10 years in the case of Indefinite Leave to Remain) once the existing EU restrictions fell away in January 2021. However, in line with our wider ambition to move away from BRPs to a purely digital status by 2024, we are maintaining the practice of short-dating BRPs.

The BRP collection letter the customer receives will inform them of this and a similar message is due to be included in the BRP letter issued with the entry clearance."

From the Legal Centre (www.legalcentre.org):

Note that there may no longer be any plastic BRC/BRP cards issued from 2025; the Home Offie plans to start using digital (virtual status) akin to those currently issued to EU ctizens: https://legalcentre.org/files/Home_Office_digital_status.jpeg

>>> End of EEA Family Permit on 30 June

The EEA family permit is ending on 30 June 2021. This means that no new applications for an EEA family permit will be accepted after this date.

Any EEA family permit, regardless of the date it was issued, or the validity date printed on it, cannot be used for travel to the UK after 30 June 2021. Instead people may be able to apply for an EU Settlement Scheme family permit to come to the UK.

Holders of an EEA family permit can still use this document as evidence of that family relationship for the period the permit is valid, for example in an application to the EU Settlement Scheme or for an EU Settlement Scheme family permit.

Updated communications will be released by the Home Office shortly to advise applicants, at all stages of an application, of the limitations of the use of an EEA family permit.

>>> If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

“If you’ve remained outside the UK for over 2 years and due to coronavirus travel restrictions your indefinite leave has lapsed

Your Indefinite Leave to Remain in the UK (ILR) or Indefinite Leave to Enter the UK (ILE) will lapse if you are absent from the UK for over 2 years.

If your ILR/ILE lapsed on or after 24 January 2020, and you’ve been unable to return to the UK due to travel restrictions in place relating to coronavirus, you may apply under the Returning Resident visa route to return to the UK and get indefinite leave.

You need to complete the online Returning Resident application form and pay the fee. As part of your application you’ll need to explain how coronavirus restrictions prevented your return to the UK.

You’ll receive a refund of the application fee and, where applicable, a refund of £55 if you submitted your application at a Mandatory User Pay Visa Application Centre. Confirmation of your refund will be sent to you by email once we’ve made a decision on your application.

If you’ve already been issued a Returning Resident visa

If you’ve already obtained a Returning Resident visa because your ILR/ILE lapsed on or after 24 January 2020 and you were unable to return to the UK due to travel restrictions in place relating to coronavirus, you may be eligible for a refund of your visa fee.

You will need to email the Covid Immigration Helpline (CIH).”

 

[British Lawyer]

19 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> One last chance for those who already have an onld (EU type) residence card, but do not have EU settled status: https://www.gov.uk/uk-residence-card

From the Home Office:

"If you do not have EU settled or pre-settled status your card will be valid until 30 June 2021.

After 30 June 2021, you’ll be able to use your card only once to travel to and enter the UK. To remain in the UK you’ll need to apply to the EU Settlement Scheme within 28 days."

[fregat222]

УКРАИНА И ВЕЛИКОБРИТАНИЯ ВВОДЯТ ОБМЕН ВОДИТЕЛЬСКИХ УДОСТОВЕРЕНИЙ

Сегодня, 20 мая, вступил в силу акт, согласно которому каждый гражданин Украины, проживающий в Великобритании на законных основаниях, сможет обменять свое украинское водительское удостоверение определенных категорий на британский аналог без необходимости получения временного британского водительского удостоверения, а также сдачи теоретического и практического экзаменов.

Как сообщается на сайте Министерства внутренних дел, об этом заявил глава ведомства Арсен Аваков.

Министр пояснил, что с момента переезда в Великобританию и в течение 12 месяцев разрешается управлять автомобилем на основании украинского водительского удостоверения без необходимости его обмена. После этого срока водителю необходимо обменять свое удостоверение.

Процедура обмена может быть применена как до, так и после истечения указанного срока.

Аваков отметил, что акт «The Driving Licences (Exchangeable Licences) Order 2021» - результат почти пятилетней работы Министерства внутренних дел и Министерства иностранных дел Украины с британскими коллегами по оценке соответствия стандартов подготовки водителей в двух странах.

Более подробная информация, касающаяся процедуры обмена водительских удостоверений, доступна по ссылке.

На сегодняшний день Украина работает над введением аналогичных условий обмена водительских удостоверений граждан Великобритании, проживающих в нашем государстве.

Источник

[British Lawyer]

21 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Parental consent requirement for a Child Student

The Legal Centre (www.legalcentre.org) reminds the applicants about the need for the parental consent requirement for a Child Student applications on the basis of https://www.gov.uk/guidance/immigration-rules/immigration-rules-child-student#parental-consent-requirement-for-a-child-student

 

 

[fregat222]

Германия вводит запрет на въезд из Великобритании

Немецкий институт здравоохранения внес Британию в список стран, где циркулируют потенциально опасные штаммы COVID-19. Власти Германии приняли решение с 23 мая ввести запрет на путешествия из Великобритании, сообщает газета The Guardian.

Въезд в Германию из Соединенного Королевства будет разрешен только лицам, имеющим немецкое гражданство, близким родственникам немецких граждан при условии, что они путешествуют вместе, а также прибывающим по веским причинам, например, в связи с потерей родственника.

Тем временем в самой Великобритании 17 мая начался третий этап снятия коронавирусных ограничений, число привитых в стране растет, количество случаев госпитализации постепенно снижается. По словам британского премьера Бориса Джонсон, новые штаммы вируса на данный момент не меняют картину угроз внутри страны. 21 июня власти Великобритании намерены снять большинство оставшихся ограничений.

Источник

[British Lawyer]

24 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Helpful decision on Upper Tribunal appeals: https://www.bailii.org/uk/cases/UKUT/IAC/2021/117.html

A very nice surprice to get a case that helps immigration lawyers. The case of EH (PTA: limited grounds; Cart JR) Bangladesh [2021] UKUT 117 (IAC) confirms that a grant of permission to appeal by the Upper Tribunal, even on limited grounds, cannot be judicially reviewed. But where permission is granted, all grounds of appeal can be argued even if permission was only granted on some of those grounds.

The Civil Procedure Rules only permit a Cart (or Eba for those in Scotland) judicial review when permission is refused but not where it is granted (even if only on restricted grounds). Interestingly, if permission is granted on restricted grounds, unless a specific direction is made, the application for permission to appeal stands as the notice of appeal i.e. all grounds in the granted application can be argued (Rule 22(2)(b) of the Tribunal Procedure (Upper Tribunal) Rules 2008). And finally, even if a direction is pronounced, under Rule 5, an application can be made to amend, suspend, or set aside that direction.

The obvious advantages to parties are:

    - not having to raise costly and time-consuming judicial review proceedings challenging partial grants of permission
    - the process will generally be confined only to the Upper Tribunal, making it much more streamlined

It is probably best to have a copy of the judgment in hand when availing of it because it’s probably not going to be making the judges happy :-)

[British Lawyer]

25 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> A person who obtained British citizenship by fraud is able to keep it thanks to the Home Office inaction: https://www.bailii.org/ew/cases/EWCA/Civ/2021/769.html

An Albanian man who secured his British citizenship by fraud must be allowed to keep it because of the Home Office’s inexplicable nine-year delay in taking action after it found out, the Court of Appeal has held. The judgment in Laci v Secretary of State for the Home Department [2021] EWCA Civ 769 also untangles and explains some of the previous case law about deprivation of citizenship on the basis of deception.

>>> Biometric Residency Permit/Card (BRP/BRC) Replacement applications

From Sopra Steria:

"We have increased the number of appointments released each week. As a result, appointments are available to meet the recent surge in demand for replacement Biometric Resident Permits (BRP) and Biometric Residence Cards (BRC).
This means BRP/BRC applications received after 17.30 pm on 20 May 2021 will be able to book a UKVCAS appointment as soon as you register with UKVCAS. You no longer have to wait to hear from UKVCAS as you will not be able to progress your application using the IDV app.
BRP/BRC applications received before 17.30 on 20 May 2021, look out for an email sent to your registered UKVCAS email address called:
Book your UKVCAS appointment now;  or
Download the IDV app now"

>>> Prove your English language abilities with a secure English language test (SELT): https://www.gov.uk/guidance/prove-your-english-language-abilities-with-a-secure-english-language-test-selt

An updated list of approved test centres in the UK and outside the UK from 14 May 2021.

NB: The Home Office has been updating this list almost monthly.

 

 

 

 

[British Lawyer]

27 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Face-to-face learning required for international students from 27 Sept 2021: ?utm_medium=email&utm_campaign=govuk-notifications&utm_source=6701857d-250e-4ef4-8be7-b827409d819f&utm_content=daily

The Home Office updated its Covid-19 guidance for overseas students and education providers. By far the most significant change relates to the distance learning concession introduced last year. Providers can still commence the sponsorship of new students who will initially study via distance or blended learning but only if “they intend to transition to face-to-face learning from 27 September 2021”.

Later it is stated more clearly: “This distance learning concession will be in place for the duration of the 2020-21 academic year, ending on 27 September 2021”.

This has the potential to cause significant issues. Many international students still won’t be able to get to the UK due to Covid-19. The concession catered for this, allowing providers to go ahead and sponsor students even if they were unable to get here for face-to-face teaching. Removing that flexibility when there is still so much uncertainty seems unnecessary.

Do education providers go ahead and issue CAS (the documents international students need before they can apply for a visa) in the hope that students from countries still facing severe pandemic difficulties will be able to make face-to-face learning by September? If they can’t come, will institutions be able to transition them to distance learning — and given that sponsored students are “not normally permitted to undertake distance learning courses”, will doing so exclude them from coming to the UK to continue their studies when possible?

We saw a recent U-turn on Covid-19 right to work checks and the BRC replacements for EU Settled Status applicants. There will be plenty of education providers hoping for something similar.



 

27 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Is the dependant Spouse or Child (“Dependants”) of a Skilled Worker migrant  required to make a separate application for permission to remain in the UK if a Skilled Worker migrant changes his/her sponsor and/or his/her job occupation category and therefore required to make a Change of Employment application ?

Apparently, the answer is "No".

From the Home Office:

"The (Home Office's) position hasn’t changed – dependants do not need to reapply when the lead applicant makes a change of employment application, as long as they still have extant leave."

 

[British Lawyer]

28 May 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Migrants win improved access to personal data held by the Home Office: https://www.bailii.org/ew/cases/EWCA/Civ/2021/800.html

Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held recently. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is R (Open Rights Group & the3million) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 800.

>>> Government to waive settlement fees for Commonwealth soldiers with 12 years’ service: https://www.gov.uk/government/consultations/immigration-fees-public-consultation

The government is proposing to waive settlement fees for certain non-British members of the armed forces. A consultation on the draft proposal, launched yesterday, follows years of Commonwealth soldiers being denied the right to remain in the UK after discharge because of fees and lack of advice on the paperwork required.

Citizens of certain foreign countries, mostly those in the Commonwealth, are eligible to serve in Her Majesty’s Armed Forces. Around 9,000 foreign nationals currently do so. They are eligible for indefinite leave to remain afterwards, provided that they have served for four years or more (or have been discharged earlier for medical reasons). But that costs £2,389, or around £10,000 for a family of four.

The consultation document says that “anecdotally, we are aware that some individuals are unable to meet this financial liability”, but adds the less than gracious rider “or choose not to do so”, and snipes that some people in this position “may not leave the UK” despite not having permission to stay.

The proposal is to

    "waive the cost of an application for settlement for non-UK Serving Personnel who wish to remain in the UK after they leave service and have served at least their initial engagement period of 12 years."

This would not be retrospective — i.e. “there would be no reimbursement of immigration fees already paid” — and would not apply to family members. Nor would it cover fees for British citizenship.

The consultation runs until midnight on 7 July 2021.

[British Lawyer]

31 May 2021 – 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)7791145923 (WhatsApp/Viber)

From the UK BA:

>>> End of EEA Family Permit on 30 June

A reminder that EEA family permits will end on 30 June 2021 and that no new applications for EEA family permits will be accepted after this date.

You should not attempt to travel to the UK on an EEA family permit, regardless of the date it was issued, or the validity date printed on it, after 30 June 2021.

>>> Changes to travelling to the UK using EU, EEA and Swiss ID cards

Currently European Union (EU), European Economic Area (EEA) and Swiss nationals can travel to the UK with a valid passport or a national identity (ID) card.

From the 1 October 2021, changes to government legislation will mean that most EU, EEA and Swiss nationals can only travel to the UK using a valid passport, unless they have applied to the EU Settlement Scheme by 30 June 2021 or otherwise have protected rights under the Citizens’ Rights Agreements.

ID cards will no longer be accepted for travel to the UK from this date, unless the exceptions apply. Anyone travelling to the UK on an invalid travel document may be refused entry at the border

>>> UKVCAS in-country appointment availability

There is currently improved availability of UKVCAS appointments, including some free appointment slots. New appointments continue to be added regularly, and we encourage customers who have submitted applications but are yet to make an appointment to check the UKVCAS website for availability.

>>> Covid Visa Concession Scheme extended

The Covid Visa Concession Scheme (CVCS) has been extended to 21 June, for those outside the UK whose leave expired after travel advice changed and who have been unable to return due to Covid restrictions: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents#outside-uk

 

[British Lawyer]

01 June 2021 – 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)7791145923 (WhatsApp/Viber)

>>> UK Employers: Check a job applicant's right to work in the UK details: https://www.gov.uk/view-right-to-work

>>> Visiting the UK as an EU, EEA or Swiss citizen:  https://www.gov.uk/guidance/visiting-the-uk-as-an-eu-eea-or-swiss-citizen?utm_medium=email&utm_campaign=govuk-notifications&utm_source=30dd57fd-a6bd-4a77-bd87-26535795cc0c&utm_content=immediately

Added information for EU, EEA and Swiss citizens who have applied to the EU Settlement Scheme by 30 June 2021 but not yet received a decision. Added guidance for Gibraltar identity card holders and also added guidance for Irish citizens.

 

[British Lawyer]

02 June 2021 – 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)7791145923 (WhatsApp/Viber)

>>> The new Graduate Route - het ready for the digital immigration status doucument

It has been recently announced by the Home Office (the New Immigration System) that the successful Graduate Route applicants will not get a physical BRP card but will get instead get the digital immigration documents similar to the one the EEA citizens under the EU Settled Scheme has been getting since 2019.

>>> The would be independent Skilled Worker Route aka HSMP/Tier 1 (General)

The Home Office intends to create a pool of the applications before the applications will be decided. Looks like some sort of lottery at this stage.

 

[British Lawyer]

04 June 2021 – 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)7791145923 (WhatsApp/Viber)

>>> Home Office to publish new EUSS Covid-19 guidance

Note the important information on absences:

"This follows Here for Good’s successful legal challenge. The guidance was withdrawn by the Home Office on 6 May 2021, with the Home Office initially indicating that they would publish the revised guidance by 31 May 2021. On 27 May 2021 the Home Office wrote to the Court (and Bindmans) informing them that their new guidance would not be published by the 31 May 2021, but that they would aim to publish the revised guidance by 11 June 2021.

Since 7 May 2021, Here for Good have been pushing for the Home Office’s consent to share the content of the Acknowledgement of Service from their judicial review challenge. This consent has finally been provided. The Home Office's proposals for the revised guidance are set out below in an extract from the Acknowledgement of Service. Here for Good hope that this will give clarity to those previously uncertain about their future and concerned about the impending application deadline of 30 June 2021.

‘11. This review has now been completed and the following changes and/or clarifications are going to be made to the Policy:

(a) EEA citizens who have been absent from the UK for a period of up to 12 months because of COVID-19 are permitted to rely on that absence being for an important reason. The revised guidance will confirm that the EEA citizen does not themself have to be or have been ill with COVID-19. It will clarify that those self-isolating or shielding in accordance with local public health guidance, those caring for family members affected by the virus, or those unavoidably prevented from returning to the UK in time due to travel disruption are also permitted to rely on that absence being for an important reason;

(b) EEA citizens who were already absent from the UK for an important reason and were forced to exceed the 12-month maximum permitted absence because of COVID-19, as described in the preceding sub-paragraph, will be permitted to exceed that maximum period of absence, without breaking their continuity of residence, for as long as they are absent from the UK because of COVID-19, again as described in the preceding sub-paragraph. Any absence from the UK beyond the 12-month maximum will not, however, be counted as residence in the UK for the purposes of qualifying for settled status;

(c) EEA citizens who, as is allowed for any reason, intended to be absent from the UK for no more than six months will be permitted to have a single absence of up to 12 months treated as being for an important reason, and thereby not break their continuity of residence, where they have not returned to the UK within six months because of COVID-19, as described in sub-paragraph (a) above;

(d) EEA citizens who have already had an absence of up to 12 months for an important reason and need to rely on a second period of absence of up to 12 months for such a reason, will be permitted to have a second such absence without breaking their continuity of residence, where one of those absences is because of COVID-19, as described in sub-paragraph (a) above. Again, while this second absence will not break the person’s continuity of residence, it will not be counted as residence in the UK for the purposes of qualifying for settled status.

12. Given that points (b), (c) and (d) in the preceding paragraph are outside the scope of the current drafting of Appendix EU to the Immigration Rules, the Defendant confirms that a concession outside the Rules will be made available until the changes can be reflected in Appendix EU itself by way of a Statement of Changes in Immigration Rules (expected in Autumn 2021).

13. A concession made outside the Immigration Rules in this manner will necessitate the publication of new detailed guidance, outlining both the policy position and the way in which an EEA citizen may avail themselves of it. As a result, the guidance document published on 15 December 2020 will be withdrawn and replaced. The Defendant intends to publish the new guidance, including on the concession outside the Rules, as soon as possible – and will seek to do so by 31 May – to ensure that EEA citizens are provided with certainty as to their residence rights in the UK well before the end of the grace period on 30 June."