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Важные судебные решения и новости для иммигрантов

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24 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)

>>> UK BA in total shables: The ssylum camp staff were working illegally, inspectors say: https://www.gov.uk/government/publications/an-inspection-of-contingency-asylum-accommodation-hmip-report-on-penally-camp-and-napier-barracks

Some of the staff charged with running the camp were themselves migrants working in breach of their visa conditions, according to the Independent Chief Inspector of Borders and Immigration.

Need one say more about the efficiency of this Brexit Government ?

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26 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)

>>> UK points-based immigration system: employer information: https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers

>>> EU Settlement Scheme caseworker guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1004627/main-euss-guidance-v13.0ext.pdf

EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members guidance updated following rules changes on 1 July. 

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05 August 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)

>>> Passports can be issued to British children abroad without abusive father’s consent: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1131.html

In April 2021 the High Court held that Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father overseas. That judgment has now been robustly upheld by the Court of Appeal following a hopeless appeal by the Passport Office: Secretary of State for the Home Department v GA & Ors [2021] EWCA Civ 1131.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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10 August 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 Innovation Strategy: New Visa Routes: https://www.gov.uk/government/publications/uk-innovation-strategy-leading-the-future-by-creating-it

The Department for Business, Energy & Industrial Strategy has published a UK Innovation Strategy, which sets out an intention to ‘Introduce new High Potential Individual and Scale-up visa routes, and revitalise the Innovator route to attract and retain high-skilled, globally mobile innovation talent’ as part of the government’s ‘vision to make the UK a global hub for innovation by 2035’ (see pages 60-61):

"Furthermore, as part of our plan for growth, the UK government will introduce a new High Potential Individual route to make it as simple as possible for internationally mobile individuals who demonstrate high potential to come to the UK. Eligibility will be open to applicants who have graduated from a top global university. The UK government will explore the scope to expand eligibility to other characteristics of high potential. There will be no job offer requirement, giving individuals the flexibility to work, switch jobs or employers and make contributions to the UK economy. The route will also allow eligible individuals to extend their visa and settle in the UK, subject to meeting specific requirements.

A scale-up route will also support UK scale-ups by allowing talented individuals with a high skilled job offer from a qualifying scale-up at the required salary level to come to the UK. Scale-ups will be able to apply through a fast-track verification process to use the route, so long as they can demonstrate an annual average revenue or employment growth rate over a three-year period greater than 20%, and a minimum of 10 employees at the start of the three-year period. UK Government will explore whether scale-ups who can demonstrate an expectation of strong growth in future years may also qualify following a review. The route will allow eligible individuals to work, switch jobs or employers. Individuals will be able to extend their visa and settle in the UK, subject to meeting specific requirements.

A revitalised Innovator route will allow talented innovators and entrepreneurs from overseas to start and operate a business in the UK that is venture-backed or harnesses innovative technologies, creating jobs for UK workers and boosting growth. We have reviewed the Innovator route to build a competitive offer. We will do this by:

• Simplifying and streamlining the business eligibility criteria. Applicants will need to demonstrate that their business venture has a high potential to grow and add value to the UK and is innovative.
• Fast-tracking applications. The UK government is exploring a fast-track, lighter touch endorsement process for applicants whose business ideas are particularly advanced to match the best-in-class international offers. Applicants that have been accepted on to the Department for International Trade’s Global Entrepreneur Programme will be automatically eligible.
• Building flexibility. Applicants will no longer be required to have at least £50,000 in investment funds to apply for an Innovator visa, provided that the endorsing body is satisfied the applicant has sufficient funds to grow their business. We will also remove the restriction on doing work outside of the applicant’s primary business.

The new Global Business Mobility visa will also allow overseas businesses and innovative companies greater flexibility in transferring workers to the UK, in order to establish and expand their businesses".

>>> Ask the Home Office to check your immigration status is correct: https://www.gov.uk/guidance/ask-the-home-office-to-check-your-immigration-status-is-correct?utm_medium=email&utm_campaign=govuk-notifications&utm_source=10b76791-f32b-4183-9679-8a9442709b4f&utm_content=immediately

First published page outlining that you can contact the Home Office about your immigration status if your access to work, benefits or services has been affected, and you believe this is because the immigration status held by the Home Office may be incorrect.

>>> UK visa and immigration application forms: https://www.gov.uk/government/collections/uk-visa-forms?utm_medium=email&utm_campaign=govuk-notifications&utm_source=d3c1b679-11db-411e-8339-972480050051&utm_content=immediately

This collection of all application forms for people who cannot apply online and want to come to the UK, extend their stay or settle has the categories reordered by applicant group on the GOV.UK website

>>> The UK’s points-based immigration system: information for EU citizens: https://www.gov.uk/guidance/the-uks-points-based-immigration-system-information-for-eu-citizens?utm_medium=email&utm_campaign=govuk-notifications&utm_source=4dea3575-bf57-4e5e-8744-59880d010405&utm_content=immediately

Updated guide on an introduction to the UK's points-based immigration system for EU citizens and new guidance for au pairs, business travellers, Erasmus students and those looking to come to the UK for an internship and EU, EEA and Swiss business travellers.


>>> Preliminary information questionnaire for asylum claims: https://www.gov.uk/government/publications/preliminary-information-questionnaire-for-asylum-claims?utm_medium=email&utm_campaign=govuk-notifications&utm_source=e020090c-2db3-4d61-a05e-f3b435290fa2&utm_content=immediately

>>> Prove your English language abilities with a secure English language test: 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=c0244200-7095-4e1c-80d5-f1cd95e4755c&utm_content=immediately

Lists of test centres in and outside the UK updated on the GOV.UK website.
 
 

 

10 August 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)

>>> Good news for EU citizens making late applications for post-Brexit residence rights: https://www.gov.uk/government/news/temporary-protection-for-more-applicants-to-the-settlement-scheme

EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced.

The U-turn came in a press release on Friday evening, which says:

    "While the numbers applying late [i.e. after 30 June 2021] have been small compared to pre-deadline application numbers, to provide further reassurance to late applicants the government will protect their rights until their application and any appeal is decided.

    The government will also take a similar approach with joining family members, who will have temporary protection for three months after their arrival in the UK and pending the outcome of an EUSS application made during that period (and of any appeal)."

Before announcement     After announcement

Right to work     No     Yes
Right to rent      No     Yes
Benefits             No     Yes
NHS access     Yes     Yes

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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16 August 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)

>>> Temporary protection for more applicants to the Settlement Scheme:https://www.gov.uk/government/news/temporary-protection-for-more-applicants-to-the-settlement-scheme?utm_medium=email&utm_campaign=govuk-notifications&utm_source=3abea81a-120d-49be-b493-db47fdac8524&utm_content=immediately

First published news story. Those who apply late to the EU Settlement Scheme, and joining family members, will have rights protected while their application is determined.

>>> Travelling between the UK and Ireland, Isle of Man, Guernsey or Jersey: https://www.gov.uk/guidance/travelling-between-the-uk-and-ireland-isle-of-man-guernsey-or-jersey?utm_medium=email&utm_campaign=govuk-notifications&utm_source=08139af3-85b0-47cc-8a6f-5394fc4af471&utm_content=immediately

First published information for people travelling to the UK from Ireland, Guernsey or the Isle of Man, and information for people passing through the UK to Ireland, Jersey, Guernsey or the Isle of Man. The report can be found here.

 

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17 August 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)

>>> Confirmed: dependency for extended family members must be unbroken: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1220.html

In Chowdhury v Secretary of State for the Home Department [2021] EWCA Civ 1220, the Court of Appeal has confirmed that where an extended family member applies for an EEA residency card, their period of dependency on their EEA citizen sponsor must have not have been broken up by periods in which they were not dependent. In short, this is because the purpose of granting rights to extended family members is to protect the free movement of EEA citizens. If the extended family member is not a dependant of the sponsoring EEA citizen at any given time, then there is no need to them give rights to protect the free movement of the EEA citizen.

This was an important issue under the EEA Regulations 2016 (and 2006). The tribunal decision had real practical impact by limiting the ability of some extended family members to get the EEA residence documents they needed to apply for settled status. Post-Brexit, the Court of Appeal decision will only be relevant to a small number of people with outstanding appeals or applications under the EEA Regulations.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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23 August 2021 - Helpful and useful UK Immigration news from the Legal Centre, www.legalcentre.org, +447791145923

>>> The financial requirement for Short- Term Student, Representative of an Overseas Business, UK Ancestry and Hong Kong British National (Overseas) applicants:

See https://www.gov.uk/government/publications/financial-requirement-caseworker-guidance

>>> UK Sponsor changing job is not a reason to refuse a spouse visa: https://www.bailii.org/uk/cases/UKUT/IAC/2021/115.html

If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 115 (IAC).
 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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24 August 2021 - Helpful and useful UK Immigration news from the Legal Centre, www.legalcentre.org, +447791145923

>>> High Court backs law firm in dispute over £194,000 asylum bill: https://www.bailii.org/ew/cases/EWHC/Costs/2021/B16.html

Note that the pricate fees for defending the Asylum claim may well reach £350 000 !

A costs judge has backed a leading firm of solicitors in its dispute with a former client over a £194,000 bill for work on her asylum case. The judgment is Farrer & Co LLP v Yertayeva [2021] EWHC B16 (Costs).

The firm thought it would be a complicated case. Ms Yertayeva would have to establish that the charges against her were “politically motivated”, requiring “expert reports and local lawyers’ witness statements”. Farrer & Co partner Elena Hinchin told the court that at an initial meeting at Côte Brasserie in Hampstead, she quoted “potential fees at around £250,000-£350,000 for the first stage of work, though she warned that they might end up being significantly higher”. 

The claimant lost her case. 

Overall, the judge concluded, “I regard the allegations of overcharging, exploitation and other misconduct levelled by the Defendant at the Claimant to be unfair and untrue”.

>>> Children under 18 coming to school in the UK

Under the quarantine arrangements for boarding school students from red list countries, if a child under 18 is coming to study at a UK boarding school, they may isolate at accommodation provided or arranged by their boarding school instead of going into managed quarantine. 

If there is no facility at the boarding school or they are staying in family/foster arrangements, a visitor visa may be considered to one parent/guardian to accompany the child to the UK to undergo managed quarantine together. 
 
Full details have been updated and published on the Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents GOV.UK. 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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27 August 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 Updates on Right to Work and Right to Rent Checks

The Home Office has updated its guidance for employers carrying out right to work checks and landlords carrying out right to rent checks during the Covid-19 pandemic. The end date for the temporary adjusted checks has now been deferred to 5 April 2022 (inclusive).

>>> Asylum backlog passes 70,000

The backlog of asylum cases has passed 70,000 despite a fall in the annual number of applications.

Almost 71,000 asylum seekers, including dependants, were awaiting an initial decision on their claim for refugee status as of 30 June 2021, according to new Home Office figures. The overall backlog has doubled in just a couple of years: at the end of 2018, the figure was 36,000.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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31 August 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, EEA and Swiss citizens ID Cards

From the 1 October 2021, most EU, EEA and Swiss citizens will only be able to travel to the UK using a valid passport. ID cards will no longer be accepted as a valid travel document for entry to the UK. If EU, EEA and Swiss citizens do not have a passport from 1 October, they are liable to be refused entry to the UK.
EU, EEA and Swiss citizens who hold pre-settled or settled status under the EU Settlement Scheme, or who have made a valid application under the scheme which is still pending, and those whose rights are protected under the Citizens’ Rights Agreements (such Frontier workers) will be able to use their national identity cards to enter the UK until 2025 at least.

To support you in providing essential guidance about this change to your network, we have developed a suite of products you may use to communicate this change.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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01 September 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)

>>> Court of Appeal confirms that 3C leave can be revived: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1308.html
Interesting case law on the “resurrection” of the “lost” 3C leave when an out of time appeal is accepted by the court.
This is also an important decision for anyone who has lodged a late appeal, as it means they can work whilst the appeal is pending. 

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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03 September 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 Economic Migration upcoming changes in 2021

Progress so far

-    removal of the Resident Labour Market Test (RLMT)
-    suspension of the cap on skilled workers
-     introduction of the pre-licence priority service
-     a paperless sponsor licence application process, and
-     redesign of guidance for sponsors.

The Home Office is looking to simplify the supporting evidence required to become a sponsor with a view to speeding up the end-to-end processing of applications. 

The Home Office also plans to set up a new support service for small and micro businesses. This may not require additional ‘premium sponsor’ fees for access to such a service.

A new Skilled Worker eligibility checking tool will also be introduced, to make it easier for employers and workers to check whether a particular job is eligible under the Skilled Worker route.

In terms of compliance reforms, the Home Office will pilot a new salary check mechanism, in conjunction with HMRC, to verify that employees are being paid the amount specified by their employer during the application process. Not all employees will be paid using PAYE for various reasons, so it will be important for the Home Office to ensure these checks do not result in its software generating an automatic compliance breach and instead provides an employer with an alternative way to evidence salary payments.

Finally, the Home Office will be conducting a review of its fees to ensure they remain ‘fair’ as the new system is rolled out. 

The outlook for 2022 and beyond

The Home Office plans to implement a range of technological and system reforms between 2022 and 2024 with the intention of creating, so the Home Office says, a faster and simpler end-to-end journey for sponsors and workers, with a more user-friendly system and less bureaucracy. The focus of the reforms is on customer service.

Customer service reforms

There will be a quicker, simplified service for compliant ‘straightforward’ sponsors. To this end, the Home Office will be reviewing licence renewal patterns, meaning certain sponsors will no longer need to renew their sponsor licence every four years.

The Home Office is also reviewing its service standards with a view to delivering improvements by Spring 2022. Its aim is to deliver a faster end-to-end journey from sponsor licence application to approval. Prior to the introduction of the priority service, sponsor licence applications would typically take up to eight weeks to be processed, often being processed much quicker than this. 

Applicants are currently seeing delays which, in part, may be due to the rise in applications. 

The Home Office is also carrying out research into the barriers facing SMEs applying for a sponsor licence in order to deliver the right support package. As well as the overhaul of the Sponsor Management System (SMS), one hopes this includes a review of fees, the hefty sponsor guidance materials, and making the sponsorship requirements more accessible.

Tech reforms

A potentially exciting development for those beaten down by Sponsor Management System and application woes are the IT reforms. The changes will be delivered in three stages, with each phase being rolled out to a test group of SMEs and larger employers before gradually being extended to a larger cohort. The Home Office anticipates that it will take two years to implement the new IT system, with all sponsors being transferred to the new system by early 2024.

Phase 1: Sponsor a visa

The first stage will be delivered in mid-2022 and aims to implement a streamlined ‘customer journey’ for sponsors. Once the details of a sponsored worker’s role have been approved by the Home Office, the worker will be invited to submit their immigration application. The worker’s application will then be pre-populated with information previously submitted by the employer, removing duplication of data entry.

Phase 2: Manage a licence

The second stage to be delivered by the end of 2022 will introduce an improved online SMS for sponsors. The revised SMS will include a sponsored worker dashboard with key information about a worker’s status and actions that need to be taken. A significant change will be the way the Home Office collects and shares data with other government departments. The Home Office plans to implement automatic checks against data based on information held by other departments, such as Companies House and HMRC. This may create huge issues for sponsors if the information held by other departments is incorrect or has not been updated, particularly given the time it can often take for reported changes to be made.

Phase 3: Become a sponsor

The final phase will be delivered in early 2023 and will introduce automatic checks to verify key information about a prospective sponsor and whether certain key personnel are employed by, or are office holders of, a sponsored organization. Prospective sponsors are not currently required to provide evidence of this as part of the application, so it would be useful to know how this is currently being verified, if at all.

Sponsor compliance

Compliance checks under the new system will largely reflect those under the current system; however, the Home Office has said its compliance visits will target sponsors who present a higher risk of non-compliance or who have no track record of compliance. It is important that the Home Office provides guidance on which sponsors it deems at higher risk, not only to ensure fairness in its assessment but also to put sponsors on notice. The new salary checks will also be a way of checking employees are being paid as required, and discrepancies may trigger a visit. Again, given that certain sponsors will not typically use PAYE, and are not required to, it will be important to ensure systems in place to avoid potential discrimination.

Engagement strategy

The new system is to be accompanied by a ‘comprehensive’ engagement strategy that will inform its design and implementation. This will include customer feedback from external stakeholders, including premium sponsors, SMEs, education organisations, and advisory groups.

Global Business Mobility route

In its strategy statement for the New Plan for Immigration, the government announced the launch of a single, sponsored Global Business Mobility route in Spring 2022 that will merge, reform and expand several existing sponsored worker categories. Rather than creating something new, this sounds more like an umbrella term under which to group and revise existing work routes, such as the Intra Company Transfer route.

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04 September 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 one lodge more than 1 Entry Clearance application at once ?

The answer is, generally, “Yes”: 

https://www.gov.uk/government/publications/extant-leave-ecb22/extant-leave-ecb22

Yet note the point on the “extant leave”, below
“Applicants who already have entry clearance may submit applications for further entry clearance, but they are not allowed to have more than one form of leave at the same time. Applicants should be made aware of this and the implications of an application for further leave.”


 

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09 September 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 children be deported from the UK?

The answer is “yes”.

Children can be removed from the UK as part of a family. They can, on paper, also be deported in their own right for criminal offending: the Home Secretary’s power of deportation under the Immigration Act 1971 is not limited to under-18s, and the Home Office has specific guidance on applying that power to children. That said, under that guidance, the physical removal will “usually” be delayed until the child turns 18.

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10 September 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)

>>> All UK Immigration Rule in one place: https://www.gov.uk/guidance/immigration-rules

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13 September 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)

>>> Check if you can become a British citizen: https://www.gov.uk/british-citizenship/born-in-uk-after-1983

Various options to register a child as a British citizen

>>> Administrative review: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1015181/Administrative_review.pdf

·       to reflect the decisions that have a right of administrative review;
·       to reflect that from 6 April 2021, there is a fee for administrative reviews of entry clearance decisions;
·       to update references to Part 9 of the Rules; and other general housekeeping

>>> List of UKVI international application points and decision-making centres: https://www.gov.uk/government/publications/list-of-ukvi-international-application-points-and-decision-making-centres/list-of-ukvi-international-application-points-and-decision-making-centres-accessible-version

>>> The UK’s points-based immigration system: information for EU citizens: https://www.gov.uk/government/publications/uk-points-based-immigration-system-employer-information/the-uks-points-based-immigration-system-an-introduction-for-employers

The following four documents have been updated:

·       An introduction for EU, EEA and Swiss workers
·       An introduction for EU, EEA and Swiss students
·       Information for EU, EEA and Swiss visitors
·       Application guidance

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14 September 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 statement of changes to the Immigration Rules: HC 617

Part 1

On 10 September 2021 the Home Office published a statement of changes to the Immigration Rules (HC 617). It is 183 pages long and makes adjustments in quite a number of areas. Some of the main changes are:

    Banning entry to the UK with an ID card rather than a passport (with exceptions for some existing residents)
    Update to existing relocation schemes for Afghans, including granting indefinite leave to remain from the outset
    A new International Sportsperson route, consolidating what were the Tier 2 and Tier 5 sporting visas
    Update to Global Talent, making it slightly easier to get an endorsement, and doubling the number of awards that mean no endorsement is required
    Changes to EU Settlement Scheme family permits, including “to allow a joining family member to apply to the EUSS whilst in the UK as a visitor”
    Iceland and India being added to the Youth Mobility Scheme
    A new “Appendix Settlement Protection” for refugees to get ILR
    Incorporation of some coronavirus concessions into the Rules

EU family permits

The non-EU family members of EU citizens with pre-settled or settled status under Appendix EU to the Rules need a type of visa called a “family permit” to join their sponsor in the UK. The rules governing these permits are in the inscrutable Appendix EU (Family Permit). Those rules are, according to the explanatory memo, being changed as follows:

    to allow a joining family member to apply to the EUSS whilst in the UK as a visitor. From 6 October 2021, the temporary concession to this effect outside Appendix EU where certain joining family members are concerned, as currently set out in the EUSS caseworker guidance, will cease to operate.
    technical changes to reflect the passing of the 30 June 2021 deadline for applications to the EUSS by those resident in the UK by the end of the transition period (though a late application can still be made where there are reasonable grounds as to why the person missed that deadline).
    technical changes to reflect the fact that, as the Home Office has already confirmed to relevant stakeholders, a person who is exempt from immigration control can, if they wish, apply to the EUSS whilst they remain exempt, or they can apply once they have ceased to be exempt.

For anyone who wants to try, see pages 32 to 39 of the statement of changes document. 

Part 2

ID cards are out

Last year the government announced that “From 1 October 2021, EU, EEA and Swiss national identity cards will no longer be accepted as a valid travel document and a passport will be required for entry to the UK”. The Immigration Rules are now being changed to that effect.
Paragraph 11(i) of the Rules says that someone seeking entry to the UK must produce “a valid national passport or other document satisfactorily establishing his identity and nationality”. From 1 October, this provision will be subject to a new paragraph 11A, which says that an ID card is not an acceptable alternative to a passport unless the holder is an existing resident with EU settled status or similar.

Afghan citizens

Paragraphs 276BA1 to 276BS4 in Part 7 of the Rules cover permission for Afghan citizens to come to the UK under two special schemes. These are the Afghan Relocations and Assistance Policy and the ex-gratia scheme. The paragraphs in question are being replaced by new text, rather than just amended.
One significant change is to paragraph 276BA1. This currently says that Afghans who qualify for these schemes will be granted permission to enter the UK for five years. In future, “they will be granted entry clearance, which will have effect on arrival in the UK as indefinite leave to enter”. In other words, their permission to be in the UK will not have an expiration date.

In paragraph 276BB1, the requirement for people availing of these schemes to be “in Afghanistan” is being removed. The same goes for dependants, in paragraph 276BF1. The effect is that people will be able to apply for these schemes from outside Afghanistan, which makes sense in view of recent events. 
The grounds for refusing permission under these provisions are being slimmed down to just the general grounds for refusal in Part 9 of the Rules. At the moment, there are additional grounds for turning people away, including if “there are serious reasons for considering that the applicant constitutes a danger to the community or to the security of the United Kingdom”. It is hard to know what to make of this change: the Home Office is not about to let people into the UK if it considers them a security risk. It may be just a tidying-up exercise, and that any cases caught by this wording could also be addressed under the general grounds for refusal.

Part 3

New International Sportsperson route

At the moment there are two possible visas for professional sportspeople. One is T2 Sportsperson and the other is T5 Creative or Sporting Worker. The names reflect the old categorisation of work visas into Tier 2 or Tier 5, which has been abolished, in the otherwise meaningless prefixes T2 and T5.
There will now be one visa called International Sportsperson, although it will continue to cater for athletes coming to the UK for 12 months or less. The T5 label is being removed from the remaining temporary routes, so they will be called “Temporary Work – Creative Worker”, “Temporary Work – Seasonal Worker”, etc.
The main requirement for getting an International Sportsperson visa is to have an endorsement from the UK governing body of the relevant sport. Those wishing to stay for longer than 12 months must also speak basic English (level A1). These requirements are expressed as “points”, but they are in reality mandatory rules, since the only way to earn the points is to tick the boxes.

This takes effect from 10 October. 

Global Talent

Quite a few changes are being made to Appendix Global Talent. This is the visa for people with “exceptional talent or exceptional promise” in various fields. Generally they must have an endorsement from a specific organisation in that field: Arts Council England for the arts and culture track, Tech Nation for the digital technology track, etc.

Those organisations seem to have given feedback on how it’s all working, which is being reflected in changes to the endorsement criteria. Those changes include:

    evidence of exceptional talent/promise in arts and culture can include media coverage of the applicant’s work “as a named member of a group”, not just individually (see paragraphs GTE 3.3 and 3.4).
    evidence of exceptional promise in digital technology can be accompanied by just one example, rather than two (GTE 7.4).
    fast track endorsement will be possible for people who have held an approved fellowship or award from the Royal Society, Royal Academy of Engineering or British Academy in the past five years, rather than the past 12 months (GTE 8.2).

Various other changes are highlighted in the explanatory memo. The broad effect is to make it a little easier to get Global Talent endorsements.

Similarly, the list of “prestigious prizes” that qualify the recipient for a Global Talent visa without the need for an endorsement at all is being expanded. At present there are 72 such awards in Appendix Global Talent: Prestigious Prizes. Five of them are Nobel Prizes and six are Oscars, so the bar is pretty high.
The new list contains twice as many awards —145 — with a big expansion in science, engineering, humanities and medicine. See page 63 of the statement of changes for the full list.

Part 4

Youth Mobility Scheme: Iceland and India

Citizens of Iceland and India will in future be able to get a Youth Mobility visa. There will be 1,000 places for Iceland (population: 366,000) and 3,000 places for India (population: 1.4 billion). Indians interested in the visa will therefore enter a lottery (“invitation to apply arrangements”), as Japanese, Taiwanese, Hongkongers and South Koreans already do.

There are also extra requirements for Indian citizens. They must satisfy either paragraph YMS 4.5B or YMS 4.5C:

YMS 4.5B. This additional requirement is met where the applicant:
(a) holds a qualification equal to or above RQF level 6; and
(b) provides evidence of that qualification in the form of written confirmation from the issuing institution that they successfully completed their studies and graduated with the required qualification
RQF level 6 means an undergraduate degree. Alternatively:
YMS 4.5C. This additional requirement is met where the applicant:
(a) has a minimum of three years’ work experience in a professional role equivalent to an eligible occupation listed in Appendix Skilled Occupations; and
(b) provides evidence of that work experience in the form of either:
(i) formal payslips from the applicant’s employer showing the applicant’s job title and employer’s name; or
(ii) payslips accompanied by a letter from the applicant’s employer, on the employer’s headed paper and signed by a senior official, confirming the payslips are authentic.

Appendix Skilled Occupations lists roles that can be sponsored for a Skilled Worker or Intra Company Transfer visas. The difference with Youth Mobility compared with those routes is that there is no need for employer sponsorship.
When the government first announced that Indians would get Youth Mobility visas, it said that they would need to “be able to express themselves in the language(s) of the host country”, but that seems to have been dropped as there is no mention of an English language requirement.
None of this takes effect until 1 January 2022.

Part 5

Settlement for refugees

People with refugee status or humanitarian protection can apply for settlement in the UK after five years. This is normally a formality, although the Home Office does reserve the right, in theory, to send people back where they came from if they are no longer in need of refuge.
The statement of changes introduces a new Appendix Settlement Protection. The explanatory memo says that this is to “provide greater clarity”, rather than to change the substance of the refugee settlement rules. These are currently in paragraphs 339R, 339S and 339T in Part 11 of the Rules, which are being deleted.
The revised rules say that, where someone is refused settlement but is still entitled to refugee status or humanitarian protection, they will get a 30-month extension of permission to stay instead. There are separate provisions for main applicants and for dependants; the rules for the latter say that a partner applying for settlement must be in a “genuine and subsisting relationship” with their sponsor.

Coronavirus concessions

Various ways in which the Home Office promises to go easy on migrants affected by coronavirus are being written into the Rules, rather than being left as guidance. The concessions being incorporated in this way cover:
    Tier 1 (Entrepreneur) visa holders unable to fulfil the job creation requirement
    Skilled Workers and Sportspersons who began working before their visa was granted
    Covid-related absences from the UK for people with EU pre-settled status; existing guidance is being replaced by changes to Appendix EU

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15 September 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 application made during visa expiry grace period is not “in time”: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1357.html

When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”?
This is the issue considered by the Court of Appeal in Secretary of State for the Home Department v Ali [2021] EWCA Civ 1357.

The court confirmed that an application is only in time if it is submitted before the date of expiry of the person’s visa (in the court’s more technical language, their “leave to remain”). The effect of the decision is to prevent people from relying on the relevant grace period twice.

Grace periods for late applications

The context is paragraph 39E(2) of the Immigration Rules. This allows the Home Office to consider an application that is lodged after the refusal of an “in time” application (providing that it is submitted within 14 days of the refusal, or conclusion of any appeal or admin review).
The applicant was effectively trying to use this grace period twice. He first applied to extend his permission to be in the UK before it expired, and was refused. He applied a second time, within the grace period, and was refused again. 
To try to get the application considered a third time, the applicant argued that an application submitted within the grace period was itself in time, as it was within the time limit provided by the Immigration Rules. The Upper Tribunal agreed.
The Home Office appealed, arguing that the Upper Tribunal’s…

“… approach undermines the overall scheme of paragraphs 245DD(g) and 39E of the Immigration Rules by allowing (the appellant) to have a third bite of the cherry and undermines the purpose of placing greater rigour on the aim of discouraging overstaying.”

The Court of Appeal agreed, reversing the decision of the Upper Tribunal:

“Read in context and in light of the other paragraphs, the reference to “in-time” applications is to applications made before the expiry of the deadline for making a valid application, namely the expiry of existing leave (including where applicable, as extended by 3C leave).”

So, you only get two bites of the cherry, not three. If you apply to extend your visa and the application is refused, you can apply again within 14 days, but not a third time if that second application is refused.

This leads to a simple phrase such as “in time” being open to interpretation, with Upper Tribunal and Court of Appeal judges disagreeing on what it means.

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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20 September 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)
 
>>> More on the positive changes for family members applying under the EU Settlement Scheme (EUSS)
 
This is a more detailed follow up to the Legal Centre last week’s update.
 
Namely, changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. Let’s have a look at the significant changes that are likely to impact on current and future applications.
 
Joining family members
 
As far as Appendix EU is concerned, the first major change concerns those seeking indefinite leave to enter or remain under paragraph EU11A as a joining family member, or limited leave under Para EU14A. Such applicants still need to meet the same family relationship and residence requirements, but the requirement not to be in the UK as a visitor will be removed.
 
It is not clear how much of an impact this amendment will have but it is welcome in principle. Family members will have been affected by travel disruptions and restrictions resulting from the Covid-19 pandemic and this easing may assist those seeking to re-establish their rights of residence in the UK who may have ended up returning here as visitors.
 
As a consequence, the definition of “visitor” will also be deleted from Annex 1.
 
Family permits
 
One set of changes, which is significant, is the insertion of express references to absences caused by Covid-19.
 
The next set of changes all relate to the definition (in Annex 1) and the use (in all other relevant paragraphs of Appendix EU) of a “relevant document”. This is a document that some categories of applicants, such as dependent relatives, must have in order to have their family relationship recognised.
 
The main types of “relevant document” have so far included the following:
 
(a)(i)(aa) a family permit, registration certificate, residence card, document certifying permanent residence, permanent residence card or derivative residence card issued by the UK under the EEA Regulations on the basis of an application made under the EEA Regulations before (in the case, where the applicant is not a dependent relative, of a family permit) 1 July 2021 and otherwise before the specified date;
 
From 6 October 2021, this will instead read “a family permit (or a letter from the Secretary of State, issued after 30 June 2021, confirming their qualification for one)”. This may be a response to litigation begun earlier this summer to provide a solution to all of the applicants overseas who applied for a family permit before the end of the Brexit transition period on 31 December 2020, but who have not yet been issued with one.
 
Until recently, such applicants were being told that since 30 June 2021 there has been no power for the Home Secretary to issue family permits to enable their travel to the UK or even if such a power still exists, permits would not be valid for onward travel to the UK. One can only hope that the change will help smooth this issue out, but it is unclear how a “letter” will enable such applicants to come to the UK and there are bound to be applicants facing these issues in-country as well.

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Сегодня.

Заявление гражданина России, гражданство. 

Рассмотрели за 3.5 месяца.

Делюсь статистикой.

AN_Naturalization_approved_September_202

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22 September 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 Home Office seemed to inadvertently strengthen the rights of Zambrano carers in 2018: https://www.bailii.org/uk/cases/UKUT/IAC/2021/235.html

In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. 

The tribunal concluded that it did not. As a result, the law on these “Zambrano” rights remains unchanged.

In any case, Zambrano rights will soon be of purely historic interest due to Brexit. 
 

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24 September 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)

>>> Serious crime enough for humanitarian protection to be revoked: https://www.bailii.org/uk/cases/UKUT/IAC/2021/236.html

The official headnote

1. When a court or tribunal is considering whether the revocation of P’s protection status breaches the UK’s obligations in relation to persons eligible for a grant of Humanitarian Protection, the first question is whether P is eligible for a grant of Humanitarian Protection.

2. P is not eligible for a grant of Humanitarian Protection if he is excluded from eligibility for any one of the reasons in paragraph 339GB(i)-(v) of the Immigration Rules (which transposed Article 17(1) of the Qualification Directive), including his commission of a serious crime or the fact that he constitutes a danger to the community or security of the UK.

3. The Secretary of State’s guidance on Humanitarian Protection (version 5, 7 March 2017) does not disclose an intention to adopt standards more favourable to P as regards exclusion from Humanitarian Protection. In particular, that guidance does not require that, in order to be excluded from Humanitarian Protection, an individual who has committed a serious crime must also represent a danger to the UK.

>>> Home Office conceding 30% of appeals: https://www.westminsterforumprojects.co.uk/publication/Asylum-System

The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said.

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27 September 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)

>>> 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=ee5e68c3-749b-400a-bc11-33af56081a03&utm_content=immediately

List of approved test centres inside and outside the UK updated on the GOV.UK website 

>>> Family asylum claims: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1019394/Family_asylum_claims.pdf

First published asylum policy guidance on family asylum claims.

>>> Facilitated returns scheme:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1020415/The_Facilitated_Return_Scheme__FRS_.pdf

Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел:  www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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28 September 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)

>>> Good news for extended family members of EU citziens

From ILPA:

“Dear Members,

With many thanks to the3million for sharing it, we are writing to bring to your attention a letter from Kevin Foster MP, the Minister for Future Borders and Immigration, regarding the position of extended family members following the closure of the EEA family permit route. The letter can be read here. The Home Office's change of position followed legal action including matters in which Emma Daykin and Eva Doerr at One Pump Court and Here for Good have been acting. ILPA provided a witness statement further to a call for evidence to Members.

The Minister's letter recognises that "Article 10(3) of the Withdrawal Agreement requires the facilitation of entry and residence for extended family members whose application for an EEA family permit, made by the end of the transition period, was successful, including on appeal" and that the current arrangement, whereby extended family members (other than durable partners) are outside the scope of the relevant Immigration Rules in Appendix EU (Family Permit), "has created a lacuna in respect of Article 10(3) of the Withdrawal Agreement".

The letter states that "pending the next appropriate set of Rules changes, we are creating a concession outside Appendix EU (Family Permit), which will be set out in the published EUSS family permit guidance. This will enable an EUSS family permit to be granted to an extended family member who applied for an EEA family permit by 31 December 2020 and would have been granted this, including on appeal, had the route not closed".

The Minister also writes that "We will be in contact accordingly with those extended family members you mention who have received a letter following a successful appeal advising they would have qualified for an EEA family permit had the route remained open but are ineligible for an EUSS family permit" and "We will also make arrangements, pending the next appropriate set of Rules changes, to enable an extended family member issued with an EUSS family permit on this basis to apply to the EUSS once they have arrived in the UK if they wish to remain here".

>>> Deprivation of citizenship for fraud after Begum

In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on the ability of appellants to challenge the decisions of the Secretary of State.

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01 October 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)

>>> Digital vignette issued using the ‘UK Immigration: ID Check’ app: https://www.gov.uk/guidance/using-the-uk-immigration-id-check-app

Customers using the ‘UK Immigration: ID Check’ app when applying to work, study or live in the UK as part of their identity stage of their application, will not receive a vignette (sticker) in their passport, if their application is successful.

The guidance on using the UK Immigration: ID check app including how to use the app and completing your applications can be found on GOV.UK.  

>>> Travel documents to enter the UK are changing from 1 October 2021

From 1 October 2021, most EU, EEA and Swiss citizens can only travel to the UK using a valid passport, unless they have:
⦁    applied to the EU Settlement Scheme, or have an application pending
⦁    or otherwise have protected rights under the Citizens’ Rights Agreements

>>> Fast-track routes for gifted stars to come to the UK: https://www.gov.uk/government/news/fast-track-routes-for-gifted-stars-to-come-to-the-uk

A new International Sportsperson visa route for illustrious award winners and sport stars will open next month, providing a dedicated and simplified visa for sportspeople and their sponsors.

These immigration changes are part of the UK’s points-based immigration system to attract the brightest and best to the country, delivering on the government’s New Plan for Immigration.

>>> New system for international travel

The rules for international travel to England will change on 4 October 2021 at 04:00am.

The current traffic light system will be replaced by a single red list of countries and territories which will continue to be crucial in order to protect public health and simplify travel measures for arrivals.

All travellers should continue to check GOV.UK travel guidance including FCDO travel advice before, during and after travel to keep up to date and ensure compliance with the latest COVID-19 and non-COVID-19 regulations.

>>> Entry clearance amendments: https://www.gov.uk/government/publications/correcting-an-incorrect-endorsement-ecb19/correcting-an-incorrect-endorsement-ecb19

If an applicant finds, after they have arrived in the UK, that their visa has been issued with an incorrect endorsement they can request to have it amended. This can be done directly or through a representative or sponsor.

If an applicant finds, before they have arrived in the UK, that their visa has been issued with an incorrect endorsement they must contact their visa application centre immediately to correct it.

⦁    If the error is on a biometric residence permit (BRP) the applicant must report the problem ⦁    online.
⦁    If the error relates to a vignette endorsement and is raised within 3 months of arrival in the UK the applicant should contact ⦁    UKVI International Sheffield.

>>> Service Standards

UK Visas and Immigration (UKVI) are experiencing very high global demand, meaning that some visa categories are taking longer than normal to be processed.

UKVI apologise for any inconvenience caused. We are working hard to resolve this situation and ensure all customers get their passports back as quickly as possible.

We regret that VFS Global and TLS are unable to expedite or track applications.

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