Важные судебные решения и новости для иммигрантов

[British Lawyer]

28 March 2023 – 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)

>>> Implications of Roehrigj udgement

Following the High Court judgment in the case of R (Roehrig) v Secretary of State for the Home Department [2023] EWHC 31, the Home Office has amended their 'British citizenship: automatic acquisition' guidance:

'to reflect the fact that the policy for the acquisition of citizenship by individuals born in the UK between 1 January 1983 and 1 October 2000 inclusive to an EEA national parent HAS BEEN SUSPENDED whilst the Home Office assesses recently identified legal issues, and to confirm that if someone has already been recognised as a British citizen, for example, through the issue of a British citizen passport, we will continue to treat them as such.'

>>> UKVCAS Flexible Day Appointment Pilot Launched on 27 March 2023

From Sopra Steria:

'We just wanted to inform you that our pilot for Flexible Day appointments launched on 27th March. Customers will be able to arrive at their appointment at any time during the site’s published opening and closing hours (excluding lunch closure times when applicable).

This is just a pilot currently being offered at our Birmingham, Bedford Point Croydon, Glasgow and Manchester service points. Availability will also be limited.

Details of available slots and pricing will be available to customers/members during the appointment booking process on the UKVCAS website.'

>>> Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme visa data: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2

Total Ukraine Scheme visa applications received: 280,200

Data is as of 21 March 2023 and comprised of:

Ukraine Family Scheme: 92,200
Ukraine Sponsorship Scheme: 188,000

Total Ukraine Scheme visas issued to people: 223,000

Data is as of 21 March 2023 and comprised of:

Ukraine Family Scheme visas: 67,000
Ukraine Sponsorship Scheme visas: 156,000

 

[British Lawyer]

29 March 2023 – 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 Boarding Schools Get Confirmation on Visitor Visa Study: https://www.baisis.org.uk/uk-boarding-schools-get-confirmation-on-visitor-visa-study/

The UK’s Boarding Schools’ Association (BSA) has received confirmation that young learners will be able to study up to six months at independent schools on a visitor visa, clarifying recent conflicting advice from government 

[British Lawyer]

Сегодня начала работу новая иммиграционная бизнес категория для Новаторов - Innovator Founder: https://www.gov.uk/innovator-founder-visa/eligibility

[British Lawyer]

18 April 2023 – 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)

>>> 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-topic&utm_source=3051b121-4d73-4066-9361-7c616b1e2468&utm_content=daily

If you believe your immigration status is wrong, and it has stopped you accessing work, benefits or services, you can ask the Home Office to check it.

>>> Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme visa data: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2

Total Ukraine Scheme visa applications received: 284,200

Data is as of 11 April 2023 and comprised of:

Ukraine Family Scheme: 93,500
Ukraine Sponsorship Scheme: 190,700

Total Ukraine Scheme visas issued to people: 225,300

Data is as of 11 April 2023 and comprised of:

Ukraine Family Scheme visas: 67,600
Ukraine Sponsorship Scheme visas: 157,800

Total arrivals of Ukraine Scheme visa-holders in the UK: 170,600

Data is as of 10 April 2023 and comprised of:

arrivals via Ukraine Family Scheme: 50,300

arrivals via Ukraine Sponsorship Scheme: 120,400

[British Lawyer]

21 April 2023 – 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 Rules Appendix English Language: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-english-language#how-the-requirement-is-met

This Appendix sets out how the English language requirement is met.

[British Lawyer]

25 April 2023 – 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)

>>> Borders, immigration and citizenship: privacy information notice: https://www.gov.uk/government/publications/personal-information-use-in-borders-immigration-and-citizenship/borders-immigration-and-citizenship-privacy-information-notice

The length of time passenger name records data may be retained has been updated from 10 years to 5 years.

>>> Sopra Steria price increase from the 1st May 2023

From the Sopra Steria:

'I wanted to let you know about a price increase for our services. From 1 May 2023, the average cost of our services will increase by 3.12%, as you know this less than the recently published Consumer Price Index (CPI) of 10.45%. Prices are now updated on the website (logged in pages).

Our free-of-charge standard appointments are not affected.’

>>> Priority Service for settlement routes not available at all VACs 

In response to a query asking whether there are some VACs where settlement priority service has not yet been restored, the Home Office has confirmed that PV settlement is not offered in every country. The Home Office may at some point reflect this on gov.uk web-site.

 

[British Lawyer]

27 April 2023 – 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)

>>> Dependant of ILR (long residence) applicant Changes

Changes 12 April 2023.

Dependent family members in (some?) work routes may now continue to qualify for ILR on the same route without switching.

Namely:

– Main applicant applied for SET(LR) being a T2G applicant, and was granted ILR on the Long Residence basis

– Family members CONTINUED as T2G Dependents, applied and were granted ILR as T2G Dependents WITHOUT switching into Appendix FM Partner/Child
 

[British Lawyer]

03 May 2023 – 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)

>>> Global Talent visa: Tech Nation: https://www.gov.uk/guidance/global-talent-visa-tech-nation-ceasing-operations?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=05846656-7ca2-41d8-8bff-ee1cec6967f2&utm_content=immediately

From the Home Office:

"On 25 April, Tech Nation announced it has become part of Founders Forum Group.

This does not change the current process of applying for Global Talent endorsement as a digital technology applicant. You can still:
use the Tech Nation website to continue an application you started
start a new application
We’re working to confirm the long-term option for the endorsement of digital technology applications. Details will be published on this page as soon as possible."

>>> Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme visa data: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2

Total Ukraine Scheme visa applications received: 286,800

Data is as of 25 April 2023 and comprised of:

Ukraine Family Scheme: 94,400
Ukraine Sponsorship Scheme: 192,400

Total Ukraine Scheme visas issued to people: 227,000

Data is as of 25 April 2023 and comprised of:

Ukraine Family Scheme visas: 67,900
Ukraine Sponsorship Scheme visas: 159,100

[British Lawyer]

11 May 2023 – 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)

>>> Skilled Workers and the Hybrid Working - the New Norm

The Home Office, has confirmed that sponsors do not need to confirm on the SMS whether or not workers are working in a hybrid capacity. It is accepted that this is the new norm. As long as sponsors maintain records on site, the Home Office states that 'we will be satisfied should we conduct a compliance visit'. The current requirement to report ( C1.19) is expected to be shorty reviwed from the relevant Guidance. 

>>> Ukraine Visa Schemes: visa data

See https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2

Total Ukraine Scheme visa applications received: 288,200

Data is as of 2 May 2023 and comprised of:

Ukraine Family Scheme: 94,900
Ukraine Sponsorship Scheme: 193,300

Total Ukraine Scheme visas issued to people: 227,700

Data is as of 2 May 2023 and comprised of:

Ukraine Family Scheme visas: 68,100
Ukraine Sponsorship Scheme visas: 159,600

 

[British Lawyer]

12 May 2023 – 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 guidance on deprivation of British citizenship: https://www.gov.uk/government/publications/deprivation-of-british-citizenship-caseworker-guidance

New and accessible guidance has been released by the Home Office on the deprivation of British citizenship under section 40 of the British Nationality Act 1981, detailing the approach caseworkers should take when deciding such cases, replacing previous Deprivation and nullity guidance.

The guidance covers instances where an individual may be deprived of their British citizenship if the Secretary of State is satisfied that it would be conducive to the public good and they would not become stateless as a result (section 40(2)). Or that the person acquired citizenship through registration or naturalisation that was obtained by means of fraud, false representation or concealment of material facts (section 40(3) and section 40(6)). 

Under section 40(4), a decision to deprive someone of their citizenship on the basis that it would be conducive to the public good cannot be made if the Secretary of State is satisfied that it would leave the individual stateless. However section 40(4A), introduced by the Immigration Act 2014, provides that a decision to deprive someone of their citizenship where it would leave them stateless can be made if they have “conducted themselves in a manner seriously prejudicial to the vital interests of the UK and if there are reasonable grounds for believing that the person is able to become a national of another country or territory”. 

The guidance also covers the service of deprivation notices, deprivation without notice, and appeals.

The Home Office have also published updated guidance on nullity of British citizenship, which has been updated to included clarification of the use of nullity following the Supreme Court’s judgment in R (Hysaj & Ors) v Secretary of State for the Home Department [2017] UKSC 82.
 

[British Lawyer]

16 May 2023 – 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 regulations enable certain people fleeing Sudan to access benefits: https://www.gov.uk/browse/benefits?utm_source=miragenews&utm_medium=miragenews&utm_campaign=news

New legislation came into force yesterday that ensures that UK and Irish nationals, and any other individual with a status in the UK that provides them with recourse to public funds, who left Sudan as a result of the recent violence are exempt from the residency test. This means that they will be able to access benefits and services (including accommodation) faster on arrival in the UK. 

[British Lawyer]

19 May 2023 – 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 changed their mind on hybrid working reporting

The Home Office recently announced a new requirement for employers sponsoring overseas workers to report their usual working locations. They have now U-turned on that policy.

During the pandemic the Home Office advised that there was no obligation for sponsors to notify them if a sponsored worker was working from home. That exception was removed and the newly amended Part 3 of the Sponsor Guidance requires sponsors to make a report where a worker has moved, or will be moving to a hybrid working pattern as a more permanent working arrangements.

The update can currently be found at C1.19 onwards (though it is expected to be amended or removed) and includes a definition of hybrid working patterns:

“A “hybrid working pattern” is where the worker will work remotely on a regular and planned basis from their home or another address, such as a work hub space, that is not a client site or an address listed on your licence, in addition to regularly attending one or more of your offices or branches, or a client site.”

This month, the Home Office has communicated that it will no longer require such reports, recognising that hybrid working patterns are the new normal.

Such a quick change in policy may be the result of a significant number of submissions from sponsors reporting on workers and a number of law firms. As hybrid working has become a standard business model for most post-pandemic, the reporting requirement particularly for large companies, would be extensive, costly and time-consuming.

It is recommended that organisations sponsoring overseas workers still keep an internal record of working patterns, including those of sponsored workers.

[British Lawyer]

24 May 2023 – 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)

>>> Rule changes for international students and dependents to reduce net migration: https://www.gov.uk/government/news/changes-to-student-visa-route-will-reduce-net-migration

In a written statement to parliament yesterday, Suella Braverman announced that the government intends to tighten the rules for international students in an attempt to bring down net migration figures, which are due to be published this Thursday, 25 May. The government have also published a news story to confirm the plans announced in the written statement.

The government plans include:

- Removing the right for international students to bring dependants unless they are on postgraduate courses currently designated as research programmes.
- Removing the ability for international students to switch out of the student route into work routes before their studies have been completed.
- Reviewing the maintenance requirements for students and dependants.
- Steps to clamp down on unscrupulous education agents who may be supporting inappropriate applications to sell immigration not education.
- Better communicating immigration rules to the higher education sector and to international students.
- Improved and more targeted enforcement activity.

The government intends to consult with the higher education sector and key stakeholders before introducing any changes, but equally hopes these plans can be implemented as soon as possible, estimating that changes will come into force in January 2024.

[British Lawyer]

25 May 2023 Part 2– Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Visa decision waiting times: applications inside the UK

The average wait time for 'a decision for leave to remain as a partner, parent or on the basis of your private life (10-year routes or 5-year parent route to settlement)* section was updated as follows:

"If you’re currently applying under a 10-year route to settlement (or 5-year parent route to settlement), there are no standard processing times for applications submitted as a partner, parent or on the basis of your private life. The average wait time for a decision is currently 9 months. We are working hard to reduce this.

Please note that there may be circumstances which result in your application taking slightly longer.

If you need to make urgent travel overseas (for example, due to a family bereavement), we may be able to provide a faster decision. Please contact UKVI."

* Application types FLR(M) and FLR(FP)

>>> The Home Office is planning to introduce to allow applicants from overseas to apply for Entry Clearance on the basis of Domestic Violence (DV) Rules. 

Currently, the applicant can only apply to remain in the UK on the basis of the so-called Domestic Violence Rule from the UK.

>>> Ukraine Family Scheme, Ukraine Sponsorship Scheme (Homes for Ukraine) and Ukraine Extension Scheme visa data: https://www.gov.uk/government/publications/ukraine-family-scheme-application-data/ukraine-family-scheme-and-ukraine-sponsorship-scheme-homes-for-ukraine-visa-data--2

Total Ukraine Scheme visa applications received: 291,400

Data is as of 16 May 2023 and comprised of:

Ukraine Family Scheme: 96,200
Ukraine Sponsorship Scheme: 195,200

Total Ukraine Scheme visas issued to people: 229,300

Data is as of 16 May 2023 and comprised of:

Ukraine Family Scheme visas: 68,400
Ukraine Sponsorship Scheme visas: 160,900

Total arrivals of Ukraine Scheme visa-holders in the UK: 174,200

Data is as of 15 May 2023 and comprised of:

arrivals via Ukraine Family Scheme: 51,300

arrivals via Ukraine Sponsorship Scheme: 122,900

[British Lawyer]

26 May 2023 – 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 Nationality Bill introduced to protect British citizenship of children of EU citizens: https://www.gov.uk/government/publications/british-nationality-regularisation-of-past-practice-bill-factsheet

The government have introduced a new bill confirming people’s British citizenship rights to confirm how British nationality law is applied to people born in the UK to parents who are EU citizens between 1 January 1983 and 1 October 2000.

[British Lawyer]

31 May 2023 – 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)

>>> Seafood sector jobs to be added to the Shortage Occupation List : https://www.gov.uk/government/news/seafood-sector-jobs-to-be-added-to-the-shortage-occupation-list?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=07d9aa4d-540d-4036-becb-e0ee709db8d0&utm_content=immediately

Fishing occupations are set to be added to the Shortage Occupation List (SOL) following recommendations from the Migration Advisory Committee.

>>> Migration statistics : https://www.gov.uk/government/collections/migration-statistics?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=7a8543fc-b595-415c-bcf5-4c1106cf06e1&utm_content=immediately

This series brings together documents relating to migration statistics.

[British Lawyer]

01 June 2023 – 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)

>>> Unpublished Home Office policy on NHS debts declared unlawful: https://caselaw.nationalarchives.gov.uk/ewhc/admin/2023/1272

A judgment in the High Court details multiple examples of unlawful detention of individuals re-entering the UK because an unpublished Home Office policy wrongly suggested officers had the power to stop, detain and question individuals who have unpaid NHS debt. The case is MXK & Ors, R (On the application of) v Secretary of State for the Home Department [2023] EWHC 1272 (Admin).

[British Lawyer]

05 June 2023 – 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)

>>> What if applicant is not intending to travel straight away to the UK ?

From the UK BA: https://www.gov.uk/government/publications/entry-clearance-vignettes-ecb09/ecb09-entry-clearance-vignettes-types-safeguarding-and-validity#ecb95-what-if-applicant-is-not-intending-to-travel-straight-away-to-the-uk

The ECO should check the applicant’s visa application form (VAF) for the proposed date of travel in order to prevent unnecessary applications for an extension of stay, and possible claims for a refund of the extension fee.

Where an applicant may not intend or be able to travel to the UK immediately following their application they can apply for a visa at any time before the date of travel to the UK, however, we can only defer the start date of the visa up to a maximum 3 months from the date of application. You may need to ensure that applicants applying under the various employment categories or as students would be acceptable to their UK sponsor, should entry be deferred by 3 months.

[British Lawyer]

06 June 2023 – 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 breaches Withdrawal Agreement: delayed Certificate of Applications in EU Settlement Scheme

The Independent Monitoring Authority has released a report following an inquiry into the delays in issuing Certificates of Applications to EU Settlement Scheme applicants. The report confirms the government’s obligations under the Withdrawal Agreement and evidences where and why delays are occurring.

Those who applied to the EU Settlement Scheme should receive a Certificate of Application immediately, whilst they are awaiting a decision on their application. This enables them to evidence their right to work, rent, and access benefits in the interim period. The inquiry was launched to establish whether the Home Office had fulfilled its obligations to issue a Certificate of Application immediately, following a number of complaints of people experiencing delays. Not issuing a Certificate of Application immediately may put the government in breach of its obligations under Articles 17(1) and 18(1) of the Withdrawal Agreement. 

The report found that in June 2022 the Home Office still did not have enough caseworkers to assist in cases where digital applications required manual intervention to display a certificate immediately. The report also confirms that many caseworkers that are available do not have sufficient training, which contributed to delays. Delays were also evident in paper applications as these require more involvement from a caseworker. 

In June 2021, 20 digital applications were made in relation to children. 11 of these “dropped out” of the automated system and required a caseworker to review them. For these 11, there was a delay of between 46 and 107 days before a casework review took place and a certificate was issued. Had the process remained digital and automatic, the certificate would have been issued on the same day that the application was submitted. 

The Home Office does not routinely collate or publish statistics in relation to certificates. Without this data it is difficult to see how the Home Office can accurately assess to what extent it is issuing certificates immediately, and therefore to what extent it is fulfilling its obligation under the Withdrawal Agreement. It also means the Home Office cannot make informed decisions on resourcing and deployment in order to remedy any issues. 

Smooth and swift processing of applications is important. Delaying issuing a Certificate of Application in particular puts an individual at risk of because they will not be able to authoritatively prove they have a pending application and are entitled to protection, benefits and rights in the UK.

[British Lawyer]

14 June 2023 – 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 Affairs Committee finds Albania is generally safe: https://committees.parliament.uk/committee/83/home-affairs-committee/news/195596/no-case-for-routinely-offering-asylum-to-claimants-from-safe-albania-home-affairs-committee/

More than a quarter of people crossing the Channel in small boats came from Albania in 2022, although the numbers have since then declined massively. Until recently, around half of asylum claims from Albanian nationals were initially accepted. However, a report by the House of Commons Home Affairs committee concludes that Albania is generally a safe country but with problems for certain groups, including women and victims of trafficking. Interesting, the report goes on to suggest increasing the number of work visas granted to Albanians:

"Only 325 work visas were granted to Albanian nationals in the first nine months of 2022, with evidence submitted to the inquiry arguing that a perceived difficulty in obtaining work in the UK through legal means could be driving people towards clandestine migration routes. The Committee finds that more should be done to promote the availability of visas that would fill worker shortages in the UK economy and enable some transfer of wealth back to Albania. This would include short-term or seasonal work in sectors such as construction or agriculture.”

Albania is currently on the list of safe countries to which asylum seekers can be removed with no assessment of their asylum claim under the Illegal Migration Bill.

[British Lawyer]

15 June 2023 – 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)

>>> Ukrainian Extension Scheme (UES) UPDATE

Subject to the Parliamentary process, the Immigration Rules are expected to change in July 2023 to extend the eligibility for the Ukraine Extension Scheme to include those who were granted permission after 16 May and by 16 November 2023, with all applications to be made before 16 May 2024.

If you were granted permission after 16 May 2023, you will be able to apply to the Ukraine Extension Scheme once the new rules are in force in August. You should wait until more information is available then to submit your application.

>>> Gulf and Jordanian visitors to pay £10 for an Electronic Travel Authorisation (ETA)

See https://www.gov.uk/government/news/gulf-and-jordanian-visitors-to-pay-10-for-an-eta

>>> Announcement of changes to student visa route: https://www.gov.uk/government/news/changes-to-student-visa-route-will-reduce-net-migration

New government restrictions to student visa routes will cut net migration while protecting the economic benefits students bring to the UK.

[British Lawyer]

28 June 2023 – 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 finds Rwanda plan unlawful as Rwanda is not a safe third country

The Court of Appeal has found, by a majority, that the Rwanda plan is unlawful as Rwanda is not a sufficiently safe country. In short, the Rwandan authorities are not yet reliably able to sort genuine from non-genuine refugees, and therefore there is too great a risk that genuine refugees will be returned to their home countries where they might face persecution. Afghans and Syrians, for example, currently have a 100% rejection rate in Rwanda.

[British Lawyer]

04 July 2023 – 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 180-day absence rule doesn’t apply to people with a spouse or partner visa

Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. 

The good news is that this rule doesn’t apply to spouse and partner visa holders under the Appendix FM 

Is there an absences limit for spouses?

In short, no. Within the Immigration Rules for spouses and partners — found in the notorious Appendix FM — you won’t find a rule that says a person holding a spouse or partner visa should not be absent from the UK for a certain number of days.

But this doesn’t mean that those using this route can get a visa, rarely set foot in the UK but expect to be able to settle here. 

So be careful with the absences, in any case.

>>> Supreme Court finds exclusion of Palestinians from resettlement scheme not unlawful: https://caselaw.nationalarchives.gov.uk/uksc/2023/23

The Supreme Court has held that there was no legal obligation to consider the equality impact of excluding Palestinians from the UK’s resettlement scheme for refugees from Syria. The design of the scheme was therefore lawful. The case is R (on the application of Marouf) v Secretary of State for the Home Department [2023] UKSC 23.

Briefly, the UK’s resettlement scheme relied on one United Nations agency, the United Nations High Commissioner for Refugees (UNHCR), to select refugees for resettlement. This had the effect of excluding from the scheme the many Palestinian refugees living in Syria. This is because UNHCR is excluded from responsibility for Palestinians because they are the responsibility of a different United Nations agency, United Nations Relief and Works Agency for Palestine Refugees (UNRWA).

[British Lawyer]

12 July 2023 – 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)

>>> No right to face-to-face legal advice in detention: https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/764

Immigration detainees don’t have a right to face-to-face legal advice, the Court of Appeal has held in R (on the application of SPM) v Secretary of State for the Home Department [2023] EWCA Civ 764.

SPM was held at Derwentside Immigration Removal Centre in early 2022. At the time, there were no nearby firms contracted to provide initial legally aided advice there under the Detention Duty Advice Scheme. SPM could only receive such advice by telephone or videoconferencing. She argued that her detention was unlawful because of a real risk that her common law right of access to justice would be breached if she couldn’t have an in-person legal visit.

SPM lost her case. Her fundamental problem was section 27 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This says that legal aid services can be provided ‘by telephone or other electronic means’, and there’s no duty to make an individual’s chosen method available. Even without that, the Court said, access to justice didn’t require face-to-face legal advice, particularly where it was initially limited to a 30-minute triage:

"I am not persuaded that the lack of an option, in practice, for face-to-face meetings as part of DDAS constituted an impediment to justice or created a real risk of such an impediment. At the most, it was a less than ideal way of carrying out initial legal visits for some of the women at Derwentside for some of the time".

Arrangements have changed at Derwentside; initial advice is now available face-to-face there. If and when the Illegal Migration Bill passes, however it will require a significant increase in detention capacity and, as a result, in legal visits. It remains to be seen whether the Home Office relies on SPM to justify remote-only advice on a much bigger scale.

[British Lawyer]

14 July 2023 – 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)

>>> No more free appointments on Saturday, Sopra Steria says

From the Sopra Steria:

"There will be changes to the distribution of free UKVCAS appointments in about 4 weeks’ time so that there will no longer be free appointments available on a Saturday, and all free appointments will instead be on Monday to Friday. The justification provided for this change was that it would introduce equity across regions because not every UKVCAS site currently operates on a Saturday, as well as consistency with UKVI’s overseas network."

>>> Asylum decisions will be served by Email

From the Home Office:

"Regulation 7(1)(d) of the Immigration (Notices) Regulations 2003 (as amended by the Immigration (Notices) (Amendment) Regulations 2008) confirms that immigration decisions can be served electronically. As such, our default position is to serve asylum decisions via email wherever possible."