Важные судебные решения и новости для иммигрантов

[British Lawyer]

07 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)

>>> Coronovirus and the UK Immigration: https://www.gov.uk/government/collections/coronavirus-covid-19-immigration-and-borders

- Visitors no longer can switch in-country into a Student Visa route

- People stuck outside of the UK: Those who already had indefinite leave to remain but have now been outside the UK so long that it has lapsed will have to apply for a returning residents visa and pay the usual fee, but have most of it refunded.

>>> Long residence Guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwikj7mklIXxAhVSzBoKHZjKAjcQFjAAegQIAxAD&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F988907%2Flong-residence-v17.0-gov-uk.pdf&usg=AOvVaw3k7nRt465YU2VWvE2pARIq

Updated immigration staff guidance on how to consider applications from people applying on the basis of long residence in the UK.

>>> 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=78332b98-c237-43c3-bc91-1c8eef07ef41&utm_content=immediately

Updated Guidance

 

 

 

[British Lawyer]

08 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 Business Helpdesk clarification on the Garden Leave

From the UK BA:

"Q: If an individual is to be placed on Garden leave, how do we make such an update on the SMS (there is no category for such a change)?
A: As there is no specific option for this, please choose any option and then clarify in the free text box.
Q: Please confirm that the individuals leave will not be curtailed, as they will still be in receipt of a salary whilst on Garden leave?
A: Providing that the sponsor does not report that they are no longer sponsoring the worker, then curtailment should not happen.
Q: Please confirm if the individual will be able to receive a reduced salary whilst on Garden leave?
A: This would only be permitted if it meets the exceptions shown in the Sponsor Guidance-Please see Paragraph S4:16

Part 2: Sponsor a worker – general information (publishing.service.gov.uk)

Business Helpdesk

Cross-Cutting Operations (CCO)  UK Visas & Immigration Home Office"

>>> Game-changer for Sri Lankan Tamil activists seeking asylum in the UK: https://www.bailii.org/uk/cases/UKUT/IAC/2021/130.html

The new Sri Lanka country guidance judgment in KK and RS (Sur place activities, risk) Sri Lanka (CG) [2021] UKUT 130 (IAC) “clarifies and supplements” the previous decision in GJ and others [2013] UKUT 319 (IAC) “with particular reference to sur place activities”. GJ was a complicated and often seemingly contradictory decision with a headnote that led many asylum claims from Tamil activists to fail. KK and RS changes all that.

 

 

[British Lawyer]

09 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)

>>> May a marriage by proxy be acceptable by the Home Office ?

The answer is "Potentially", according to the following UK case-law: https://www.bailii.org/uk/cases/UKAITUR/2018/HU135212016.html

 

[British Lawyer]

10 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)

>>> Can you get compensation if an immigration officer acts unlawfully?

See https://www.bailii.org/scot/cases/ScotSAC/Civ/2021/15.html

This is the question addressed by Scotland’s Sheriff Appeal Court in Galbraith Trawlers Limited v Advocate General for Scotland [2021] SAC (Civ) 15.

In short, the answer to the question posed above – does the Home Office need to pay damages when an immigration officer acts unlawfully? – is, in this context, yes.

This doesn’t mean that damages can be claimed following every successful judicial review of a Home Office decision. The answer would be different if there was no analogous tort/delict. It would depend on what the unlawful act actually was. In this case it was detention of vessels, which is a recognised delict, and therefore gives rise to liability.

>>> Rehabilitative work in the community no barrier to deportation: https://www.bailii.org/ew/cases/EWCA/Civ/2021/788.html

In Jallow v Secretary of State for the Home Department [2021] EWCA Civ 788 the Court of Appeal looked at the weight that should be given to the rehabilitation of a foreign national offender in their appeal against deportation.

Not a great deal, concluded Lord Justice Lewis, giving the unanimous judgment of the court.

 

[British Lawyer]

11 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)

>>> Can I enter the UK (as a US, Canadian or Australian citizen) before my Entry Clearance (Skilled Worker etc) visa validity date ?

The answer is probably "Not recommended", because under the Section 30C (https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#pt1entryclearance):

"An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance."

>>> You can now get an EU Settlement Scheme application form by email

From the Home Office:

"With effect from Wednesday 9th June 2021 it is now possible to request paper application forms from the SRC [Settlement Resolution Centre] to be sent via email, this will hopefully speed up the process.

    In addition to this, if required, it is also possible to submit a paper form via email, although this needs to be specifically requested when requesting the paper application.

    Any bulk requests (no more than 10 per sheet) should be sent using the attached spreadsheet [here] with all required columns completed to [email protected]."

>>> High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1535.html

In a welcome judgment handed down a few days ago, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under a route other than Appendix EU of the Immigration Rules. Up to now, the Home Office had been refusing to grant Appendix EU status to Zambrano carers who already had some kind of permission to remain (typically as a parent under Appendix FM)

 

 

[British Lawyer]

21 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)

>>> New Graduate route to open from 1 July 2021

The new Graduate route will open for applications on 1 July 2021. Eligible students holding a Tier 4 or Student visa valid on or after 1 July 2021 will have the opportunity apply to stay in the UK for 2 years (3 years for doctoral students) to work or seek employment.

>>> Visa extensions for health workers during Covid

The 12-month visa extensions for health workers which were introduced last year have now been extended for a further 6 months until 30 September 2021. This includes overseas recruits whose leave expires between 1 April 2021 and 30 September 2021. 

>>> Digital status guidance for those with EUSS status: https://www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa/your-immigration-status-an-introduction-for-eu-eea-and-swiss-citizens-accessible-version

View and prove your immigration status (eVisa)  

From 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme will need to evidence their rights in the UK with their immigration status (for example, their permission to work). EU, EEA and Swiss citizens who have applied for a UK visa (including permission to stay) using the ID Check app or by visiting a Visa Application Centre are also granted an immigration status. 
A new (eVisa) has been published. It explains how people can view and prove their immigration status, how to update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status. 

Note the Home Office's statement about the need for EU citizens with ILR to have BRC cards:

“Those with indefinite leave to enter or remain

EU, EEA and Swiss citizens with indefinite leave to enter or remain will, from 1 July 2021, need to evidence their rights in the UK in the same way as non-EU, EEA and Swiss citizens. You can do this by relying on Home Office documentation such as an endorsement / vignette in your passport stating ‘indefinite leave to enter or remain’ or ‘no time limit’, or by producing a valid BRC/P. “

Did the Home Office really mean it ? If so, the Home Office will be swamped by the amount of BRC applications from the EU citizens. 

>>> EU Settlement Scheme closes on 30 June

Information for employers on checking EU, EEA and Swiss citizens’ right to work from 1 July 2021 has been updated on GOV.UK.

A person’s existing EU law rights will continue to be protected, pending the outcome of an application to the EUSS made by 30 June 2021. Complete online applications are generally decided within a week. 
 

21 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)

>>> Can you confirm whether applicants who were not exercising treaty rights before the end of the transition period would still be protected by Section 3c Leave (or the equivalent of 3c leave) while their EUSS application is pending?

From the Home Office:

"A The rights of those EU citizens and their family members who were lawfully resident at the end of the transition period and who, from 1 July 2021, have a pending application under the EUSS made by the deadline, or an appeal against the refusal of an application submitted by then, will be protected until it is finally determined.  This is provided for by The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.  As the EUSS does not verify exercise of Treaty rights, in practice all “in-time” applicants will be treated the same.  This means an individual undergoing an eligibility check while the outcome of an application under the EUSS is pending, will be in the same position in respect of access to accommodation, work, benefits and services as they were before the grace period ended.  Where needed, the Home Office will be able to confirm whether an application is pending.

Where an in-time application to extend or vary leave is made under the EUSS (for example, an application to upgrade from pre-settled to settled status) and the application is not decided before the person’s existing leave expires, section 3C of the Immigration Act 1971 applies automatically and extends the person’s existing leave until the application is decided (or withdrawn)."

[British Lawyer]

22 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 visa fees: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-1-july-2021
Updated Home Office immigration and nationality fees from 1 July 2021. 

>>> Terms and conditions for booking and taking the Life in the UK Test: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwj9i6SH7KrxAhVG3IUKHTG5DUIQFnoECAIQAw&url=https%3A%2F%2Fwww.gov.uk%2Flife-in-the-uk-test&usg=AOvVaw1VVUkjbFScHg5ugM4s49hx

Updated Identification requirements guidance.

 

[British Lawyer]

23 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)

>>> Latest on Zambrano carers and the EU Settlement Scheme: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1535.html

On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying.

With the deadline to apply under the EU Settlement Scheme around the corner, on 30 June 2021, potential Zambrano carers are in a difficult position. Ms Akinsanya did ask the High Court to order an extension to the deadline so that people affected by this ruling have more time to work out what to do. The result is a consent order, dated 17 June, in which the Home Office has agreed to accept Zambrano applications after the usual deadline. But in many cases it will still be best to submit an application before 30 June if possible.

Full text of the consent order in Akinsanya

UPON the Court having given judgment on 9 June 2021 allowing the Claimant’s claim for judicial review;

AND UPON the Court having adjourned the Claimant’s application for further quashing relief and a hearing being listed to determine the application on 17 June 2021;

AND UPON the Claimant’s application for an order for further relief as set out in her skeleton argument dated 16 June 2021;

AND UPON the Secretary of State confirming that:

a. The Secretary of State is to reconsider the relevant provisions of Appendix EU of the Immigration Rules (“Appendix EU”);

b. The Secretary of State will not determine applications made under Appendix EU on the basis that the applicant is or was a person with a Zambrano right to reside (‘Zambrano application’) and is affected by the Court’s judgment, until after she has completed her reconsideration of Appendix EU;

c. In paragraph (a)(v) of the definition of ‘required date’ in Annex 1 to Appendix EU the reference to “limited leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which has not lapsed or been cancelled, curtailed or invalidated” includes leave to enter or remain granted under another part of these Rules or outside the Immigration Rules which is extended by operation of section 3C of the Immigration Act 1971;

d. To the extent that paragraph 34BB of the Immigration Rules applies to a Zambrano application, it will be disregarded where there is (i) an outstanding valid Zambrano application for leave to remain under Appendix EU and a valid application for leave to remain is subsequently made under Appendix FM based on the same circumstances; and (ii) an outstanding valid application for leave to remain under Appendix FM and a valid Zambrano application for leave to remain is subsequently made under Appendix EU based on the same circumstances as the Appendix FM application;

e. The Secretary of State intends to implement and publicise a policy under which, for a reasonable period of time which she will specify, but which will be for a period of not less than six weeks after publication of the outcome of her reconsideration referred to at a. above, Zambrano applications made on or after 1 July 2021 will be deemed, under the definition of ‘required date’ in Annex 1 to Appendix EU, to have reasonable grounds for the person’s failure to make that application at the earlier date relevant under that definition;

f. In accordance with paragraph (c) of the definition of “EEA Regulations” in Annex 1 of Appendix EU, the question of whether an applicant is a person with a Zambrano right to reside as defined in Appendix EU in respect of a period on or after 1 July 2021 is to be determined on the basis of the Immigration (European Economic Area) Regulations 2016 as they had effect immediately before they were revoked, and, where the context requires it, on the basis that they had not been revoked;

g. Where a valid Zambrano application is made on or before 30 June 2021, the Secretary of State provides the applicant with a certificate of application confirming their entitlement to work, study and rent a place to live, until final determination of their Zambrano application;

h. The Secretary of State is considering the position in relation to the issue of similar certificates for applications made under Appendix EU on or after 1 July 2021, including in relation to Zambrano applications;

i. Before expiry of the period referred to in e., above, where persons are encountered by Immigration Enforcement on or after 1 July 2021 who may be eligible for leave as potential Zambrano applicants under Appendix EU in light of the judgment, such persons will be provided with written notice giving them an opportunity to make a valid application under Appendix EU, normally within 28 days of the date of the written notice.

IT IS ORDERED BY CONSENT THAT:

1. The Claimant’s application for further relief as set out in her skeleton argument dated 16 June 2021 is withdrawn.

2. The hearing listed for 17 June 2021 is vacated.

3. The Claimant’s application for further quashing relief is stayed pending determination of the Defendant’s application to the Court of Appeal for permission to appeal and, if permission to appeal is granted, determination of that appeal.

4. There shall be no order as to costs, save that there be a detailed assessment of the Claimant’s costs for the purposes of public funding.

5. This order and the order of 9 June 2021 shall be appended to the judgment dated 9 June 2021 which shall be republished on the Bailii website.

Dated this 17th day of June 2021

>>> Criminals being deported can’t be transferred to an open prison: http://www.bailii.org/ew/cases/EWCA/Civ/2021/898.html

R (Akbar) v Secretary of State for Justice [2021] EWCA Civ 898 was a challenge to the Prison Rules 1999, one of which says that a prisoner who is being deported and has run out of appeals “must not be classified as suitable for open conditions”. The challenge was unsuccessful.

[British Lawyer]

25 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)

>>> Non-Europeans can be detained for longer, EU Court of Justice decides: https://curia.europa.eu/juris/document/document.jsf;jsessionid=96D96284F3ED423118045DDDDCCBCE70?text=&docid=243245&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=16925554

An eight-month detention period for EU citizens is disproportionate, the Court of Justice of the European Union has decided. The case is C-718/19 Ordre des barreaux francophones and germanophone and Others.

"… there is no justification for treating [EU nationals and non-EU nationals] in the same way… the maximum period of detention for Union citizens and their family members… goes beyond what is necessary to achieve the objective pursued."

The stark point which comes out is that it would now be unlawful for an EU national to be detained for eight months in Belgium, but (so long as there is justification) it would be perfectly legal for a British citizen to be(!).

[British Lawyer]

28 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)

>>> 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=9352f9ab-1a4e-454c-af9b-438920e096a8&utm_content=immediately

Date of the VAC concessions has been extended until 31 December 2021

>>> The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021:

 The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021

Note on the change to legislation regarding the ability for a child born in the UK to acquire British citizenship, and which may affect certain children. The changes will take effect from 1st July 2021.

The Regulations amend the British Nationality Act 1981 (BNA). They ensure that specific children born in the UK after the grace period ends on 30th June 2021, who would otherwise not be British citizens, do not need to make a separate application to become one, nor will they need to pay a fee.

The changes will allow a child to acquire British citizenship automatically from the date on which their parent is granted Indefinite Leave (“settled status”) under the EU Settlement Scheme (EUSS). It will operate in two specific scenarios for a child born from 1st July 2021 onwards:

Where their parent submitted an application to the EUSS by 30th June 2021, but it had not been resolved at the point the child is born

Where an application submitted after the 30th June deadline is accepted as having reasonable grounds for missing the deadline and is resolved after the child is born. In this scenario, the parent will need to be able to show that they could have met the requirements by 30th June 2021 had the reasonable grounds for delay not intervened

Should the child later seek to access and evidence their British citizenship – for example, with an application for a British passport – assistance establishing claims will be given as needed. Applicants will not be asked for additional documentation where their eligibility can be demonstrated through existing records already available to us. 

This is a measure to protect nationality rights for children who would otherwise lose them through no fault of their own

Other provisions relating to the acquisition of citizenship by birth, naturalisation and registration remain unchanged. This is an addition to the BNA and does not replace existing measures.

>>> Apply to the EU Settlement Scheme by post or email:

Updated to clarify that, if you email your application, you must send your supporting documents by post: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=d9385c69-c489-4279-bf4a-1e6210b3d159&utm_content=immediately

>>> Apply to the EU Settlement Scheme by post or email: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=df2ed980-aef6-4273-b64f-12692ceac38c&utm_content=immediately

Updated version of EUSS(FM) published on the GOV.UK website 

>>> Prove your English language abilities with a secure English language: 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=8cb3cea5-593e-469d-973d-9736ebea06ea&utm_content=immediately

Updated the lists of approved test centres in the UK and outside the UK. 

>>> Chapter 08: Appendix FM family members (immigration staff guidance): chrome-extension://gphandlahdpffmccakmbngmbjnjiiahp/https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996024/adequate-maintenance-and-accommodation-appendix-fm-annex-1.7a-v8.0-ext.pdf

Updated ‘Appendix FM 1.7a: maintenance’ to reflect an update to coronavirus (COVID-19) concessions. 

[British Lawyer]

30 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)

>>> Immigration tribunal can reject expert evidence: https://www.bailii.org/ew/cases/EWCA/Civ/2021/941.html

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In doing so, it may accept guidance from an expert, but does not have to.

[British Lawyer]

01 July 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): EU Settlement Scheme - guidance for applicants - Overseas Absences Concession: https://www.gov.uk/guidance/coronavirus-covid-19-eu-settlement-scheme-guidance-for-applicants#evidence

Current and helpful informaion in relaion to the absecnes concession under the EU Settlement Scheme (EUSS).

[British Lawyer]

05 July 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)

>>> 6.02 millions of applications have been submitted under the EU Setlmente Scheme: https://www.gov.uk/government/collections/eu-settlement-scheme-statistics

The statistics show there were 6.02 million applications made to the scheme by 30 June with 5.1 million grants of status. There have been more than 5.3 million applications from England, 291,200 from Scotland, 98,600 from Wales, and 98,400 from Northern Ireland.  

The surge in applications, including more than 400,000 in June alone, means that there are around 570,000 pending applications. The Government has repeatedly assured those who applied before the deadline that they will have their rights protected until their application is decided, as set out in law, and they have the means to prove their protected rights if needed. 

A full statistics report highlighting details of applications made by the end of June 2021 will be published in due course.  

The Home Office would like to thank you for all your support throughout the scheme. Your work has been invaluable in reaching EU, EEA and Swiss citizens and their family members, and helping them to secure their rights in UK law.

From Thursday 1 July 2021, EU, EEA and Swiss citizens and their family members are now required to obtain a valid UK immigration status to be in the UK, either through the EUSS, if they were resident in the UK by 31 December 2020 or are a joining family member, or through a valid visa.
 
EU, EEA and Swiss citizens can expect to be asked to show their digital status to prove their right to work or their right to rent to landlords in England. Other departments, such as HMRC, DWP and the NHS, will have automatic access to their status to check a person’s eligibility for free healthcare, benefits and access to public funds.

>>> Digital Status - EUSS

From 1 July, EU, EEA and Swiss citizens need to prove their rights in the UK with their immigration status, instead of their ID card or passport.

Find out more at www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa

>>> Pending EUSS applications

Anyone who made an application by the 30 June 2021 deadline will have their existing rights protected, pending the outcome of their application. Applicants are issued with a Certificate of Application, which can be relied on to evidence their rights.

Their Certificate of Application will be available in their view and prove (https://www.gov.uk/view-prove-immigration-status) account or will be sent to them by post. Landlords and employers can also use the Home Office view and prove service to confirm protected rights for an individual.

The Home Office will contact any applicant where we need further information to progress their application.

>>> How to access and update digital status

You can view your EUSS status online, via the view and prove your immigration status service: https://www.gov.uk/view-prove-immigration-status

Please refer to the following guide for further information about using your digital status: ‘Your immigration status: an introduction for EU, EEA and Swiss citizens’: https://www.gov.uk/government/publications/view-and-prove-your-immigration-status-evisa

>>> Joining family members - EUSS

Family members of any nationality of EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020, can apply at any time, where the family relationship was formed by that date (except where a child was born or adopted after it) and continues to exist. They may be able to apply to the EUSS from outside the UK or they may need to apply for an EUSS family permit to come to the UK and then apply to the EUSS once here.

>>> Applying for children - EUSS

EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020 must apply to the EUSS for their children who are not British citizens. 

If they are expecting to have a child (or have given birth since 1 April 2021), then the child will also need to have an application made on their behalf to the EUSS within 3 months of their date of birth. However, if either of the child’s parents had settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child was born, then they don’t need to make an application on their behalf, as the child will be a British citizen.   

>>> Before you travel - crossing the UK border after 30 June 2021 - EUSS
 
Individuals with pre-settled or settled status under the EUSS should ensure that they update their online account with all valid travel documents (such as passports or national identity cards) that they hold and intend to use for travel, to avoid any unnecessary delays at the border. They can do this online by using the view and prove service (https://www.gov.uk/view-prove-immigration-status), which enables individuals with digital status to keep their travel documents updated.

>>> EUSS Applications made after 30 June 2021 deadline

In line with the Citizens’ Rights Agreements, there remains scope for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their having missed the deadline.

Where a person did not apply before the deadline, they must make a valid application online or on the relevant paper application form – and provide information with the application setting out their grounds for applying late.

The Home Office will continue to look to grant status, rather than for reasons to refuse. A flexible and pragmatic approach will be taken in considering whether there are reasonable grounds for the person’s failure to apply by the deadline.

If someone without status is encountered who may be eligible for it, they will be provided with a written notice giving them an opportunity to apply to the scheme, setting out their reasonable grounds for missing the deadline, normally within 28 days, and signposted to the support available.

[British Lawyer]

06 July 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)

>>> EU Settlement Scheme: information for late applicants: https://www.gov.uk/government/publications/eu-settlement-scheme-information-for-late-applicants/eu-settlement-scheme-information-for-late-applicants

>>> EUSS Update to Cut-off Date for Email Applications and Availability of Application Forms on Gov.uk

The completed form can be sent to the Home Office by post. It can also be sent to the Home Office by email until 23:59 on 5 July 2021. If you email your application form to the Home Office, you must send your supporting documents by post.

You cannot send your application form to the Home Office by email after 5 July 2021. You must instead send your application form and supporting documents to the Home Office by post only.

After 5 July 2021, the instructions contained in the application form about how to submit your application by email will no longer apply.

The application forms will be available on this page until 23:59 on 5 July 2021. After this date, to obtain one of these forms, you should contact the EU Settlement Resolution Centre.

>>> Apply for a permit to join your EU or EEA family member in the UK: https://www.gov.uk/guidance/apply-for-a-permit-to-join-your-eu-or-eea-family-member-in-the-uk?utm_medium=email&utm_campaign=govuk-notifications&utm_source=10bed6ce-1121-45c4-baa4-a5bdc54e6a97&utm_content=immediately

Guidance on applying for an EU Settlement Scheme family permit to join your EU, EEA or Swiss citizen family member in the UK.

>>> Parts of Home Office policy on Dublin III family reunion declared unlawful: https://www.bailii.org/ew/cases/EWHC/Admin/2021/1821.html

Hundreds of refugee children denied reunion with family in the UK may be able to challenge that decision following a ruling that Home Office policy on “Dublin III” transfers is in part unlawful. The case is R (Safe Passage International) v Secretary of State for the Home Department [2021] EWHC 1821 (Admin).

>>> UK Borders Bill to make asylum seeking a crime: https://www.express.co.uk/news/politics/1457869/immigration-britain-priti-patel-new-laws-channel-crossings-asylum-system

“Illegal immigration to be turned into a criminal offence in landmark borders bill”, the Sunday Express reports. The idea that unauthorised immigration is insufficiently criminalised will surprise legislators who have spent much of the past two decades piling dozens and dozens of new immigration offences onto the statute books. “Illegal immigration” was not among those recent additions, since it has been an offence to enter the UK without permission since (at least) the Immigration Act 1971 entered force.

The Sunday Times gives a more precise account of what is proposed:

"The legislation will create the new criminal offence of ‘arriving in the UK without a valid entry clearance (or electronic travel authorisation) where required’ and will allow the prosecution of individuals who are intercepted in UK territorial waters and do not technically enter the country."

07 July 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=ab390b3b-f87f-47cf-9596-f30dd01c8d2f&utm_content=immediately

Guidance added for people whose Entry Clearance was not activated because of COVID-19 restrictions

>>> 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=ab390b3b-f87f-47cf-9596-f30dd01c8d2f&utm_content=immediately

Date until which people may apply for ‘exceptional assurance’ extended to 30 September 2021

>>> Coronavirus (COVID-19): EU Settlement Scheme – guidance for applicants: https://www.gov.uk/guidance/coronavirus-covid-19-eu-settlement-scheme-guidance-for-applicants?utm_medium=email&utm_campaign=govuk-notifications&utm_source=63fb139b-175d-485e-9d82-e4adfe1f02c5&utm_content=immediately

Added content to show that the deadline to apply for most people was 30 June 2021. 

>>> Common travel area (immigration staff guidance): https://www.gov.uk/government/publications/common-travel-area-guidance

Updated guidance, including to reflect the ending of the grace period in the UK on 30 June, and specific arrangements in place from 1 July. 

>>> 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=8e830812-e4e2-49bb-99fb-c5a989f644cc&utm_content=immediately

>>> EU Settlement Scheme: applying from outside the UK: https://www.gov.uk/guidance/eu-settlement-scheme-applying-from-outside-the-uk?utm_medium=email&utm_campaign=govuk-notifications&utm_source=5f9d171e-5546-4b70-8f12-2935eb2834fe&utm_content=immediately

Updated guidance to reflect changes in relation to the end of the Grace Period. 

>>> British citizenship: automatic acquisition: https://www.gov.uk/government/publications/automatic-acquisition-nationality-policy-guidance

Information added to reflect the entitlement of children born to EEA national parents from 1 July 2021 onward, including where the parent may not have held settled status under the EU Settlement Scheme at the time of the child’s birth.

>>> Naturalisation as a British citizen by discretion: nationality policy guidance: https://www.gov.uk/government/publications/naturalisation-as-a-british-citizen-by-discretion-nationality-policy-guidance

Updated guidance with changes to the sections on EEA and Swiss nationals to reflect the end of the grace period on 30 June 2021. These include the sub-sections on freedom from immigration time restrictions, lawful residence and discretion to waive immigration breaches. 

>>> Apply to the EU Settlement Scheme by post: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email?utm_medium=email&utm_campaign=govuk-notifications&utm_source=ade2571d-24b2-4963-a3a2-de6835bbe698&utm_content=immediately

Updated to add forms EUSS (BC), EUSS (DR) Chen, EUSS (DR) Ibrahim & Teixeira and EUSS (DR) Zambrano.

>>> Family migration: adequate maintenance and accommodation: https://www.gov.uk/government/publications/family-migration-adequate-maintenance-and-accommodation

Updated coronavirus (COVID-19) concessions.

>>> Family life (as a partner or parent), private life and exceptional circumstances: https://www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance

Updated PDF file for immigration staff guidance on considering claims based on family life, private life, or exceptional circumstances

>>> Chapter 08: Appendix FM family members (immigration staff guidance): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/996024/adequate-maintenance-and-accommodation-appendix-fm-annex-1.7a-v8.0-ext.pdf

Appendix FM section 1.7 published with updated information on COVID-19 concessions

>>> 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=f3e70727-c804-4ab0-8380-7c8dc8de70bb&utm_content=immediately

Updated lists of test centres published on the GOV.UK website 

[British Lawyer]

08 July 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)

>>> Double win for refugees seeking backdated benefits

The Court of Session in Scotland and the High Court in England and Wales have both ruled that newly recognised refugees have a right to claim backdated child tax credit. The cases are Adnan, Petitioners [2021] CSOH 63 and R (DK) v Her Majesty’s Revenue and Customs [2021] EWHC 1845 (Admin).
 

[British Lawyer]

12 July 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)

>>> You have 14 days to bring back deported asylum seeker, judge tells Priti Patel: https://www.telegraph.co.uk/news/2021/07/06/asylum-seeker-deported-priti-patel-should-brought-back-uk-judge/

The UK High Court orders the return to the UK of Sudanese man, who claims he was removed due to an ‘illegal and secret’ Home Office policy.

Home Secretary Priti Patel must bring back to the UK an asylum seeker who arrived via a small boat and was later deported to France within 14 days, a High Court judge has ruled.

The court heard that the alleged victim of modern slavery and torture was deported due to an "illegal and secret" Home Office policy and should be brought back.

This comes as Ms Patel's Nationality and Borders Bill, which could make it a criminal offence to knowingly arrive in the UK without permission, was introduced to Parliament on Tuesday.

The 38-year-old Sudanese man, who can only be identified by the initials AA, made an asylum claim in the UK in June 2020 after fleeing to Europe due to torture and persecution in Sudan.

The man said he was later enslaved and tortured in Libya while travelling to France, where his asylum claim was first rejected.

After he then arrived in the UK, AA had a screening interview with immigration officials who are legally required to take steps to identify potential victims and refer "any suspicion" of slavery or human trafficking for investigation.

However, AA's screening interview did not identify him as a potential victim of modern slavery and he was deported back to France, where he was homeless and destitute, the court heard.

At the time of his interview, the Home Office had a published policy to ask two questions designed to determine if someone has been the victim of modern slavery.

AA argued that the Home Office also had a secret and unlawful policy to not ask those questions, which would have led to him being identified as a victim.

Mr Justice Wall said: "Had the claimant been identified as a potential victim of modern slavery, he could not have been removed from the United Kingdom until the process of investigating that issue was complete.

"He would also have been entitled to assistance and support while in this country... However, the failure to refer him led to a removal of the claimant to France. It ended this country's responsibility for him."

If AA has not been brought back to the UK within 14 days, the Home Office will have to explain the reasons why and what has been done to the court.

A spokesman for the Home Office said: “This is a disappointing judgment and we are now considering our next steps.

“This does not impact on our right to remove those who are confirmed to have no right to be in the UK."

[British Lawyer]

13 July 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)

>>> Using your UK Visas and Immigration account: https://www.gov.uk/guidance/using-your-uk-visas-and-immigration-account?utm_medium=email&utm_campaign=govuk-notifications&utm_source=fd168a1c-903e-4127-9534-65548e6b5d65&utm_content=immediately

First published information on using your UK Visas and Immigration (UKVI) account to prove your rights in the UK and keep your details up to date.

>>> Visa decision waiting times: applications inside the UK: https://www.gov.uk/guidance/visa-decision-waiting-times-applications-inside-the-uk?utm_medium=email&utm_campaign=govuk-notifications&utm_source=479327c8-9745-444b-863f-dc613c3c2b5b&utm_content=immediately

New Graduate visa processing times added on the GOV.UK website 

>>> Graduate caseworker guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/997587/graduate-route-v1.0ext.pdf

First published immigration staff guidance on considering applications under the Graduate route. 

>>> 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=4ef7b3e6-3347-45ae-a6d7-ecb525fa0620&utm_content=immediately 

Lists of test centres in and outside the UK updated for July 2021. 

[British Lawyer]

13 July 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)

>>> Half of all UK Tier 1 (Investor) visa holders are being investigated, report suggests: https://www.spotlightcorruption.org/new-briefing-red-carpet-for-dirty-money-the-uks-golden-visa-regime/

Half of all Tier 1 (Investor) visas ever issued are being reviewed on national security grounds, according to an anti-corruption charity. 

"The Home Office confirmed that all 6,312 main applicants and their adult dependents who entered the golden visa route between 30 June 2008 and 6 April 2015 were in the scope of the review; and that analysis of that cohort has been completed and the findings of the review are being finalised. It noted, however, that the end date and publication date for the review was still to be confirmed."

>>> Some interesting Home Office Q and A:

No switching between Skilled Worker and Tier 1(Investor) route

Q: Can Skilled Workers and ICTs switch in country into the Tier 1 (Investor) visa category now ?

A: Whilst the Tier 1 (Investor) route allows switching into the route, it does not allow for time spent in other routes to count toward settlement. Given this, the decision was taken not to amend the switching requirements as part of the December Rules changes and consider these as part of the wider simplification programme

Are Skilled Workers able unable to start working for their employers before their applications are approved ?

Q: Is there any scope to enable those who submit in-time Skilled Worker applications to start work prior to decision? 

A: We allowed workers to start while waiting for a decision as part of one of the many covid concessions,we have no plans to reintroduce this. There is an exception for Students, who have a long-standing rule allowing them to do this, but not for other routes

Exceptional Assurance

Will the concession be extended further (for those who intend to leave the UK but have not been able to do so and have a visa or leave that expires soon but after 30 June 2021)?

A: The concession will not be extended in its current form but will be open to those nations on the amber and red list.

Q: Submitting in-country applications where normally need to apply from overseas - again, concession currently only applies to those with leave/EA expiring on or before 30 June 2021 – any plans to extend the concession on this ?

A: All Covid-19 policy concessions are kept under regular review, and our content on GOV.UK is updated regularly as and when concessions change. Concessions on switching were introduced at a point when international travel was severely limited in the early stages of the pandemic, and it would not have been reasonable to expect those in the UK on a route where switching would not normally be permitted to have anticipated difficulties around returning overseas to make a further application.It is a condition of someone’s permission as a visitor to intend to leave the UK at the end of their visit, and travelling to the UK under that route with the intention to switch into a different route when it would have been possible to make an initial application overseas is not permitted. Exceptional assurance provides those who are genuinely unable to leave the UK with protection against enforcement action and allows them to continue carrying out activity permitted by their previous form of leave. EA has been extended further and exists to protect those who find themselves unable to travel.  Further information is provided in the link above.It is open to applicants to provide information on any extenuating circumstances when making an application in the UK for further leave. Information is also available on gov.uk under the heading: if you’re applying to enter UK or remain on the basis of family or private life”

Individuals marrying in the UK

Q: Will there be a policy update on the issues raised previously concerning those who wish to marry in the UK but have been unable to do so ?

A: Fiancée or proposed civil partner applicants who have been unable to marry in the UK, within their allocated 6 month period, as a result of Covid-19 restrictions can still rely on exceptional assurance provisions until 30 June 2021. Those applicants who need to rely on the provisions must apply before the 30 June and the assurance will then be guaranteed until 31 October 2021, in order for them to complete their ceremony.As wedding ceremonies have now been permitted within all regions of the UK, this has been deemed a sensible timeframe for applicants to complete their ceremony. However, we will continue to review this matter and may make further changes in the future should they prove necessary. The current family Immigration Rules also allow a fiancé(e) or proposed civil partner to apply for an extension of leave if there is good reason for their wedding or civil partnership not taking place during the initial six-month period of leave to enter. Cancellation of a wedding due to COVID-19 will be considered a good reason under this policy. Applicants are still required to pay the application fee and charges.

[British Lawyer]

14 July 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)

>>> Blanket rule delaying family reunion for temporary refugees violates human rights: https://hudoc.echr.coe.int/fre#{"itemid":["001-211178"]}

The European Court of Human Rights has ruled that forcing sponsors to wait for a minimum of three years before applying for family reunification without an individualised assessment of the family’s circumstances violates Article 8 of the human rights convention. The case is MA v Denmark (application no. 6697/18).

[British Lawyer]

14 July 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)


>>> It was coming: Judicial Review claim regarding the availability of free appointments for biometric enrolment


The legal team from in the judicial review claim (M.S. v SSHD CO/3367/2020), regarding the availability of free appointments for biometric enrolment provided by Sopra Steria on behalf of the Home Office, has been lodged. The claimants have been granted permission to argue that there is an unlawful failure to ensure the availability of a sufficient number of free applications for applicants, in particular recognised refugees, to enrol their biometrics without payment of a fee.


The Legal Centre has contributed to the claim and confirms that indeed there has been very few biometric appointments available since Sopra Steria has been running the biometrics franchise, granted by the Home Office.


>>> Whats IS the date of the UK Immigration application ?


From the current UK Immigration Rules, para 34G:https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-1-leave-to-enter-or-stay-in-the-uk#date-an-application-or-variation-of-an-application-for-leave-to-remain-is-made


"34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E is made is:


(1) where the paper application form is sent by post by Royal Mail, whether or not accompanied by a fee waiver request form, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or


(2) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or


(3) where the application is made via the online application process, and there is no request for a fee waiver, the date on which the online application is submitted; or


(4) where the online application includes a request for a fee waiver, the date on which the online request for a fee waiver is submitted, as long as the completed application for leave to remain is submitted within 10 days of the receipt of the decision on the fee waiver application.


(5) Notice of invalidity under paragraph 34G(4) will be given in writing and served in accordance with Appendix SN of these Rules."

[British Lawyer]

15 July 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)

>>> Upper Tribunal can accept late acknowledgment of service in judicial review cases: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1040.html

The Upper Tribunal can consider late acknowledgments of service from the Home Office when deciding whether to grant permission for judicial review proceedings, the Court of Appeal has ruled in KA v Secretary of State for the Home Department [2021] EWCA Civ 1040.

Issues in the case
The first issue concerned the interpretation of Rule 29 of the Tribunal (Procedure) (Upper Tribunal) Rules 2008. The question was whether the Upper Tribunal can consider a late acknowledgement of service, provided after the usual 21-day time limit.

The second issue was whether the tribunal’s unilateral decision to give the Home Office 42 days to file acknowledgment of service, rather than the usual 21 days, was lawful – the Kumar arrangements, in place from 2014 to 2019.

[British Lawyer]

16 July 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)

>>> Supreme Court dismisses deportation appeal of man living in UK since he was 9 years old: https://www.bailii.org/uk/cases/UKSC/2021/30.html

In Sanambar v Secretary of State for the Home Department [2021] UKSC 2 the Supreme Court has dismissed the appeal against deportation of an Iranian citizen who arrived in the United Kingdom aged nine in 2005. He had committed several knifepoint robberies as a teenager, between the ages of 14 and 17, and several other lesser offences. He was convicted aged 17 and sentenced to three years’ detention in a Young Offender Institution.
 

[British Lawyer]

19 July 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)

>>> COVID19 and UK Immigration update: https://www.gov.uk/government/publications/temporary-concession-coronavirus-covid-19-related-research/temporary-concession-coronavirus-covid-19-related-research

Temporary concession: coronavirus (COVID-19) related research - the concession for certain Global Talent applicants has been extended until 31 December 2021. 

>>> 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=9ac59180-8e57-431d-9502-ee1fa31fdd2b&utm_content=immediately

The lists of test centres in and outside the UK. This keep changing on monthly basis, for some reason.

>>> EU Settlement Scheme: https://www.gov.uk/government/publications/eu-settlement-scheme-communications-information-for-applicants/eu-settlement-scheme-information-for-eu-settlement-scheme-applicants-accessible-version

Communications information for applicants: first published factsheet

[British Lawyer]

20 July 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 displaced talent visa: helping refugees apply for UK work permits

"I am announcing that those displaced by conflict and violence will now also be able to benefit from access to our global points-based immigration system.

To enable skilled displaced people who have had to flee their homes to come to the UK safely and legally through established routes.

We will work with the charity Talent Beyond Boundaries and other partners on this pilot project.

[Priti Patel, 19 July 2021]"

What is the displaced talent mobility pilot?

The scheme is designed to facilitate UK work permit applications by skilled refugees and displaced people from Jordan and Lebanon ONLY at this time. The policy connection is clear: ministers had promised safe and legal routes for people in need, and this is a safe and legal way for those people to come to the UK.

That said, it is not a new form of refugee status. It is better understood as a tailored version of the Skilled Worker visa, to exist alongside the asylum system as a complementary pathway.

The precise details of the pilot are not yet known, but the broad structure should be familiar. As a starting point, we anticipate that:

- Displaced people will need a job offer from a licensed sponsor
- They will need to meet the usual minimum salary level
- The English language requirement must also be met
- The visa will last for five years and lead to settlement 
- It will be possible to change employers once in the UK
- Eligible family members will be able to come too

Crucially, the pilot is not aimed at lowering existing eligibility criteria. Rather, it recognises that the rigorous documentary requirements and administrative processes of the existing work permit rules can inadvertently discriminate against displaced people and that that discrimination needs to be removed.

How employers can hire refugees from abroad

First, employers must identify their preferred candidate. Businesses can find 26,000 highly qualified displaced people with skills in sectors such as health, digital technology, education, legal, construction, engineering (and more) in Talent Beyond Boundaries’ talent catalogue. More details on the catalogue and how to work with Talent Beyond Boundaries are available at https://www.talentbeyondboundaries.org/for-employers

Secondly, once that candidate is identified, Talent Beyond Boundaries and their partners such as the International Organization for Migration can help with the logistics of job interviews (which aren’t easy if your refugee camp only has intermittent electricity and WiFi.)

Thirdly, once the job offer has been made and accepted, Talent Beyond Boundaries work with the sponsoring employer and the applicant to prepare and file the visa application. The UK authorities will expedite the processing of the application, typically deciding them within five working days where feasible.

Help without charity

Although charities will assist with the overall process, it is important to stress that this recruitment is not charitable. Potential applicants are very skilled, eminently qualified and with a wealth of experience, all of which means they have a huge amount to contribute to the UK economy. The pilot is aimed at enabling that contribution and normalising displaced talent mobility. This will establish ease of access to a whole new labour market for UK businesses, and help skilled displaced people rebuild their lives in a new home.

Both Australia and Canada are proof that pilots like that can work. 

The fact that the UK is joining their number with a new complementary pathway is a positive step that will hopefully encourage other countries to do the same.

[British Lawyer]

23 July 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)

>>> Visit visas can count towards ten years’ long residence: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1076.html

The Court of Appeal in R (Mungur) v Secretary of State for the Home Department [2021] EWCA Civ 1076 has weighed in on what kind of permission to be in the UK can count towards the necessary ten years.

This decision is helpful confirmation that time spent in the UK on a visit visa can count towards ten years’ continuous lawful residence. It is also an excellent reminder that the relevant ten-year period does not have to immediately precede the settlement application. That is, if a person had acquired a lawful 10-year residence in the say, say, between 2001 and 2011, and then became an overstayer, the period between 2001 and 2011 in the above example may be counted as lawful residence towards ILR (Indefinite Leave to Remain) on the basis of the Long Residence (10 years).

>>> Home Office refuses to explain secret sham marriage algorithm

The Home Office has rebuffed Public Law Project’s (PLP) the latest attempt to find out more about the secret algorithmic criteria used to decide whether a proposed marriage should be investigated as a “sham”. 

Sham marriage investigations can be invasive and unpleasant, and it appears that they are targeted at some nationalities more than others. PLP is concerned about the lack of transparency and possible discrimination involved in the automated triage system.

>>> Transit stops in amber or red list countries

On arrival into England, rules for the highest risk country or territory that you have been in or passed through in the previous 10 days must be observed. This includes transit stops.

A transit stop is where passengers can get on or off the same part of the transport in which you are travelling. It can apply to ships, trains or flights. 

>>> Biometrics Enrolment at the Post Office

From 31 July 2021, applicants will no longer be directed to use the Post Office to enrol biometrics as part of an immigration application or immigration application related process. 

Where biometric enrolment is required as part of an immigration process, applicants will be directed to one of the 7 Service Support Centres (SSCs) or 44 UK Visa and Citizenship Application Service (UKVCAS) across the UK. The majority of applicants  will be able to complete their visa or citizenship application at a UK Visa and Citizenship Application Service centre. However, for applicants who require more support and face to face interaction with UKVI staff, appointments can be made at a Service and Support Centre. 

For those applicants who may have higher needs or be in a position of vulnerability, there will be enhanced support; to allow any appropriate safeguarding action to be taken through a range of travel assistance and mobile services.

Applicants have already benefited from being directed to SSC and UKVCAS prior to the 31 July 2021 due to the phasing out of the Post Office biometric services. 

>>> Judicial Review Bill to abolish most Cart cases: https://bills.parliament.uk/bills/3035/publications

The Judicial Review and Courts Bill 2021, published recently, will mostly abolish the right of migrants to apply to the High Court to have an appeal reopened if rejected by both chambers of the immigration tribunal. This is the process, well known to lawyers, known as a Cart or Eba judicial review.

Clause 2(2) of the Bill says that a decision of the Upper Tribunal to refuse to hear an appeal from the First-tier Tribunal is “final, and not liable to be questioned or set aside in any other court”.