Важные судебные решения и новости для иммигрантов

[British Lawyer]

11 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> UKVI Guidance: USA: apply for a UK visa: <noindex>https://www.gov.uk/government/publications/...ntent=immediate</noindex>

 

Information about applying for a UK visa in the USA, including applying online, paying fees, additional services, visa application centres, posting application forms and the super priority service.

 

Change of postal address for applications.

 

>>> Court of Appeal rules that Paposhvili decision has no effect on Article 8 medical cases: <noindex>https://www.bailii.org/eu/cases/ECHR/2016/1113.html</noindex>

 

The Court of Appeal has ruled that the Strasbourg decision in Paposhvili v Belgium (application no. 41738/10) has no effect on cases where someone relies on Article 8 of the European Convention on Human Rights to claim that they should not be removed from the UK because of a lack of medical treatment in their country of origin. In SL (St Lucia) v Secretary of State for the Home Department [2018] EWCA Civ 1894, the court considered the case of a woman from St Lucia who suffered from mental health problems so serious that she had been unable to give oral evidence in the First-tier Tribunal. Her counsel argued that Paposhvili had made it easier for a medical condition claim to succeed under Article 8.

 

Earlier this year the same court had held that Paposhvili had led to a “very modest extension” in the scope of Article 3, from cases where the individual is already dying to cases where, after removal, there would be a serious, rapid and irreversible decline in their health leading to death or intense suffering.

In this appeal, Lord Justice Hickinbottom ruled that there had been no corresponding change in the balancing exercise to be conducted under Article 8:

 

“I am entirely unpersuaded that Paposhvili has any impact on the approach to article 8 claims. As I have described, it concerns the threshold of severity for article 3 claims; and, at least to an extent, as accepted in AM (Zimbabwe), it appears to have altered the European test for such threshold. However, there is no reason in logic or practice why that should affect the threshold for, or otherwise the approach to, article 8 claims in which the relevant individual has a medical condition. As I have indicated and as GS (India) emphasises, article 8 claims have a different focus and are based upon entirely different criteria. In particular, article 8 is not article 3 with merely a lower threshold: it does not provide some sort of safety net where a medical case fails to satisfy the article 3 criteria. An absence of medical treatment in the country of return will not in itself engage article 8. The only relevance to article 8 of such an absence will be where that is an additional factor in the balance with other factors which themselves engage article 8 (see (MM (Zimbabwe) at [23] per Sales LJ).”

 

It is difficult to dispute this conclusion. In Paposhvili the European Court of Human Rights considered Article 8 and concluded that Belgium would have violated that human right if it had removed Mr Paposhvili — but, crucially, that ruling was based entirely on the court’s view that Belgium had failed to comply with its duty to investigate the likely conditions on return as required by Article 3. There was no discussion before the Grand Chamber about how the Article 8 balancing exercise should work and therefore no ruling for the domestic courts in this country to take account of. This issue awaits further development in the jurisprudence of the Strasbourg court before it becomes a live topic again in domestic courts.

 

 

[British Lawyer]

12 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

 

>>> Migration Advisory Committee recommends changes to the Tier 4 Student visa rules

 

 

The MAC’s recommendations are as follows:

 

 

1. To retain no cap on the numbers of international students.

 

2. Government and the sector should continue to work together to grow the number of international students.

 

3. International students should not be removed from the net migration statistics.

 

4. Rules of work while studying and dependant rights should remain unchanged.

 

5. Widening of the window in which applications for switches from Tier 4 to Tier 2 can be made.

 

6. Post-study leave period extended to six months for Master’s students, though with a more thorough review of whether this is appropriate.

 

7. The 12 months leave to remain after PhD completion be incorporated into the original visa duration, subject to meeting progress requirements and course completion, for eligibility to remain in the UK after course end date. This would replace the existing Doctoral Extension scheme that allows the same rights but has to be applied for with associated visa costs.

 

8. Previous Tier 4 students, who passed their Level 6 (or above) qualification in the UK, should be entitled to a two-year period from course completion during which they can apply out-of-country for a Tier 2 visa, under the same rules as current in-country Tier 4 to Tier 2 switches.

[British Lawyer]

13 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> UKVI guidance update: updated guidance on form AN (applying for British citizenship by naturalisation): <noindex>https://www.gov.uk/government/publications/...ntent=immediate</noindex>

 

UKVI has published an updated version of 'Naturalisation as a British citizen - a guide for applicants (guide AN)'.

 

>>> UK visa requirements - list for carriers : <noindex>https://www.gov.uk/government/publications/...ntent=immediate</noindex>

 

Information for international carriers about visa requirements for passengers travelling to the UK.

 

>>> The Republic of Ireland announced plans for a new “regularisation scheme” to allow certain undocumented migrants to remain in the country legally: <noindex>https://www.mrci.ie/2018scheme/</noindex>

 

On 4 September the Republic of Ireland announced plans for a new “regularisation scheme” to allow certain undocumented migrants to remain in the country legally. The amnesty will be open to anyone who came to Ireland as an international student between January 2005 and December 2010 and is now undocumented.

Although few details have been released, the announcement was welcomed by rights groups, including the Migrant Rights Centre Ireland. The charity has been campaigning for years for regularisation schemes for the approximately 26,000 adults and children who work, study, live and love in Ireland without papers.

 

>>> UKVI Guidance: guidance document to form ROA updated : <noindex>https://www.gov.uk/government/publications/...-right-of-abode</noindex>

 

The guidance document to form ROA by which an applicant can apply for a certificate of entitlement proving they have the right to live and work in the UK as been updated.

 

 

[British Lawyer]

14 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> UK Government information update: updated information on the rights and status of UK nationals living and travelling in the European Union (EU) if there is no Brexit deal

 

The Government have published guidance on how to prepare for Brexit if there's no deal. This has today been updated with further technical notices. The updates elevant to ILPA Members are as follows:

 

1. Erasmus+ in the UK if there’s no Brexit deal: <noindex>https://www.gov.uk/government/publications/...-no-brexit-deal</noindex>

 

2. Travelling within the Common Travel Area and the associated rights of British and Irish citizens if there is no Brexit deal: <noindex>https://www.gov.uk/government/publications/...-no-brexit-deal</noindex>

 

3. Travelling to the EU with a UK passport if there’s no Brexit deal: <noindex>https://www.gov.uk/government/publications/...-no-brexit-deal</noindex>

[British Lawyer]

17 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> The Immigration and Nationality fees table for all applications made from outside and within the UK has been updated with effect from 8 October 2018: <noindex>https://www.gov.uk/government/publications/...ntent=immediate</noindex>

The good news is that there is NO change in the UK BA fees !

 

>>> The guidance on applying for a UK visa from Australia has been updated throughout: <noindex>https://www.gov.uk/government/publications/...sa-in-australia</noindex>

 

>>> The guidance on applying for a UK visa from New Zealand has been updated throughout: <noindex>https://www.gov.uk/government/publications/...-in-new-zealand</noindex>

 

>>> Court of Justice upholds UK approach to Worker Registration Scheme for EU nationals: <noindex>http://curia.europa.eu/juris/document/docu...&cid=714440</noindex>

 

Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses the Home Office view that time spent working in breach of the registration scheme will not count towards permanent residence.

[British Lawyer]

18 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Migration Advisory Committee (MAC) report: EEA migration: <noindex>https://www.gov.uk/government/publications/...t-eea-migration</noindex>

 

MAC report on the impact of EEA migration in the UK.

[British Lawyer]

19 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit: <noindex>https://www.gov.uk/government/publications/...t-eea-migration</noindex>

 

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there is no specific agreement with the EU on migration, there need be no preferential treatment of EU workers over non-EU workers in future. But that does mean that the overall work visa regime would have to be loosened a bit: by abolishing the cap on Tier 2 visas, for example, as well as the requirement to advertise jobs to British citizens before recruiting from abroad. It also takes aim at the bureaucracy of the Points Based System.

 

If the government does not offer concessions for EU workers as part of the Brexit negotiations and implements the MAC’s recommendations for work migration post-Brexit in 2021, employers will face a number of new, potentially significant, administrative hurdles.

 

• EU workers who come to the UK once the new immigration system is in force (those in the UK would already have, or be able to apply for, temporary or indefinite leave to remain under the EU Settlement Scheme) will be subject to immigration control. They will require permission to work in the UK, in the same way as their non-EU counterparts currently do. This therefore means that the risk of civil penalties faced by employers will increase significantly overnight. To counter the increased risk, employers will need to ensure that EU nationals, along with their non-EU counterparts, have leave to enter or remain that allows them to work and they will need to also keep a record of visa expiry dates and copies of right to work checks they have performed. This is likely to significantly increase the administrative burden on vast numbers of employers.

 

• The MAC has also recommended a widening of Tier 2 to include roles at RQF level 3, as opposed to the current RQF level 6 (roughly degree level). This significant widening of the route — the MAC says 142 occupations would become eligible for sponsorship — to include medium skill level roles, combined with the requirement for EU nationals to be sponsored (unless they hold leave in another capacity), will require significant numbers of UK employers to enter the sponsor licence system that have not had to do so before. The MAC has recommended that that system is tweaked but it is unlikely in my view that any such tweaks would significantly reduce the administrative burden on organisations holding a sponsor licence.

 

These two proposals alone, if implement, are likely to have a significant effect on UK employers that do not currently engage with the immigration system.

 

The bottom line for EU national is simple as ever – get the Permanent Residence status now and apply to become British to once and forever sour out their immigration issues and, out it simple, forget about the UK BA and the immigration and just live their lives as normal people. The Legal Centre has helped tens of thousands of clients to-date, so we can help you. The help is one click away: www.legalcentre.org

[British Lawyer]

21 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Illegal working civil penalties: an employer's guide : <noindex>https://www.gov.uk/government/publications/...ntent=immediate</noindex>

 

A guide to the civil penalty scheme for employers who give a job to an illegal worker.

[British Lawyer]

24 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> The UK Government can and does exercise far greater control over immigration than is commonly perceived: <noindex>http://www.smf.co.uk/publications/take-bac...046691894531250</noindex>

 

All the evidence actually points to the fact that overall the UK exercises extremely effective control over immigration.

 

Now talk about the Brexit lies on "immigration being out of control"...

[British Lawyer]

25 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> When might discretion be exercised despite a breach in relation to the Naturalization applications ?

 

There are some requirements for Naturalization which are set in stone and which cannot be overlooked or waived by Home Office officials even if they are sympathetic. There are other requirements which officials are empowered by the statute to waive. This is referred to as a “discretion”.

 

Residence not in breach of immigration laws is one such requirement which can be waived.

 

Officials are instructed by their guidance that discretion should only be exercised where the reasons for the breach “were clearly outside the individual’s control, or if the breach was genuinely inadvertent and short”.

 

Examples are given in the guidance to officials:

 

- the breach occurred at a time when the applicant was a minor whose parents failed to ob-tain or renew their leave

- the applicant was a victim of domestic violence whose abusive partner prevented the re-newal of leave

- the applicant had made an ‘in-time’ application, but the application was rejected and so they became in breach

- this is provided there is no reason to doubt that the form was submitted in good faith and a fresh application was submitted within 28 days of the rejection and before 24 November 2016

- the person had made a late application for leave to remain which was subsequently granted and either the:

- application was not submitted more than 28 days after the expiry of their previous leave and before 24 November 2016

- application was not submitted after more than 28 days overstaying if it was an asylum ap-plication

- person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or be-reavement

- period of overstaying ended on or after 24 November 2016 and leave was granted in ac-cordance with paragraph 39E of the Immigration Rules

- the person arrived the UK clandestinely but either presented themselves without delay to the immigration authorities or was detected by the immigration authorities shortly after arri-val:

- the maximum period involved should normally be 1 month, but may be longer if there are extenuating circumstances

- in these cases you can waive the breach that occurred from entry until the person’s first ap-plication for leave or asylum was determined, provided the application was granted

- an application for asylum or leave to remain was refused but was later acknowledged to be an incorrect decision and the appropriate leave was granted

 

 

Discretion will never be exercised by the Home Office where the breach was “both substan-tial and deliberate”. As far as the Home Office is concerned, this includes where a person unsuccessfully attempted to apply for leave to remain in the UK then remained unlawfully, or in cases of unlawful residence leading to a grant of leave under the former 14-year rule or a concession. An exception may be made where the person was granted refugee status as a result. By extension the same approach would probably be applied to periods of unlawful residence ending in regularization under the private life sections of the Immigration Rules.

 

Example

 

Ivan entered the UK as a visitor and overstayed. He later applied for leave to remain on the basis of 14 years of long residence and was granted Indefinite Leave to Remain (ILR).

Although Ivan might possess ILR and have resided in the UK for more than five years, none of the residence prior to the grant of ILR will be counted by the Home Office towards his qualifying period for Naturalization. In effect, the “clock” starts from when he was granted ILR.

 

Ivan faces an additional problem in the shape of the good character test. This excludes someone in Ivan’s position from successfully applying for naturalisation for ten years from the latest breach of immigration law.

 

The Home Office takes the view that EEA nationals physically present in the UK but who do not have a right of residence under Directive 2004/38 are resident in breach of immigration laws. This is made clear in Home Office policy document European Economic Area (EEA) and Swiss nationals: free movement rights. Page 27 sets out examples of how this approach is considered by the Home Office to work in practice:

 

This page provides example scenarios on when a European Economic Area (EEA) national is considered in breach of the immigration laws for the purposes of the British Nationality Act 1981 (BNA 1981).

 

Scenario 1

 

Paolo, an Italian citizen, came to the UK for employment in 1997. He voluntarily left work on 1 December 2000. No deportation or removal order was made against him, and he has remained without any right of residence under community law [meaning EU law], and with-out leave, ever since. Paolo has been in the UK in breach of the immigration laws only since 7 November 2002, when section 11 of the Nationality, Immigration and Asylum Act 2002 came into force. His residence here between 1 December 2000 and 6 November 2002, alt-hough unauthorised, should not be regarded as a breach.

 

Scenario 2

 

Sabine, a French citizen, enrolled as a student in October 1990. Her course ended in June 1993. She then remained in the UK without leave and without any entitlement under com-munity law. No deportation or removal order was made against her. In 1996 she commenced employment, and this has continued to the present day. Sabine should not be treated as hav-ing been in the UK in breach of the immigration laws at any time.

Scenario 3

 

Colette, a Belgian citizen, came to the UK for a holiday in August 2003 but then remained without permission or entitlement under community law. Any residence in the UK after her entitlement under community law came to an end was residence in breach of the immigra-tion laws.

Whether the Home Office approach is correct as a matter of law is questionable. It could be argued that Articles 20 and 21 of the Treaty on the Functioning of the European Union give a right to be physically present in another member state. However, any legal challenge is likely to be stressful and expensive; success can never be guaranteed.

 

[fregat222]

Британия упразднит преимущества для мигрантов из ЕС

 

К гражданам стран Евросоюза после «брексита» должны будут применяться те же миграционные правила, что и к гражданам всех прочих государств, решило британское правительство.

 

Члены кабинета министров единогласно поддержали миграционную систему, в основу которой будет положена квалификация иммигрантов, а не их гражданство, сообщил Би-би-си источник в правительстве.

 

Если эти правила будут окончательно утверждены, после «брексита» специалист из России будет иметь те же права и возможности получения работы в Британии, что и его коллега с похожей квалификацией из Франции или Германии.

 

Единые правила?

 

Правительство намерено в будущем исходить из того, что для трудовых мигрантов должны существовать единые правила независимо от их гражданства и дискриминации в этом отношении быть не должно.

 

Источник Би-би-си в правительстве сообщил, что достигнутое соглашение пока еще окончательно не оформлено и правительство допускает некоторые «легкие коррективы» в отношении граждан ЕС, если с Евросоюзом будет заключен экономический договор в рамках «брексита».

 

То же самое касается и США, если с этой страной будет заключено торговое соглашение.

 

Остаются также опасения, что из-за оттока низкоквалифицированной рабочей силы из ЕС может пострадать бизнес.

 

Почему пересматриваются визовые правила

 

Европейский союз гарантирует своим гражданам, а также обладателям паспортов Норвегии, Исландии, Лихтенштейна и Швейцарии свободу передвижения рабочей силы внутри ЕС.

 

Премьер-министр Тереза Мэй неоднократно заявляла о необходимости положить конец неограниченной трудовой миграции в Британию из стран Евросоюза. На переговорах по «брекситу» эта тема считается необсуждаемой.

 

Великобритания должна покинуть Евросоюз 29 марта 2019 года. В рамках идущих сейчас переговоров о «брексите» был согласован переходный период, который продлится до 31 декабря 2020 года.

 

В этот период к гражданам стран ЕС в Великобритании будут применяться прежние правила, равно как и к британцам в Евросоюзе.

 

Остается неясным, что произойдет в случае так называемого «жесткого брексита», если переговоры закончатся неудачей и Британии не удастся заключить договор с ЕС.

 

Квалификация и лимит

 

Согласно действующим правилам, в Великобритании визы работникам из стран, не входящих в ЕС, выдают в зависимости их от профессиональной востребованности для экономики страны.

 

На прошлой неделе Консультативный комитет по миграции предложил отменить ежегодно устанавливаемый лимит на рабочие визы для высококвалифицированных мигрантов из-за пределов ЕС.

 

Сейчас этот лимит установлен на уровне 20,7 тысячи виз в год, он был предложен Терезой Мэй, когда она возглавляла министерство внутренних дел.

 

Из-за этого ограничения тысячи IT-специалистов и медработников не смогли получить рабочие визы, несмотря на их нехватку в Британии.

 

Правила для граждан стран, не входящих в ЕС

 

Все, кто хочет переехать в Великобританию из-за пределов ЕС на учебу или работу, в том числе и россияне, должны подать на одну из виз — от Tier 1 до Tier 5.

 

Визы Tier 1 выдаются инвесторам и высококвалифицированным работникам, попадающим под категорию «исключительные таланты». Tier 5 — визы на краткосрочные волонтерские и образовательные программы.

 

амыми распространенными считаются визы Tier 2 — для квалифицированных работников, у которых есть наниматель, готовый стать визовым спонсором, а также визы Tier 4 для студентов на программы дольше шести месяцев.

 

Визы Tier 3 (для неквалифицированных работников) сейчас не выдаются.

 

Некоторые из этих виз позволяют привозить с собой близких родственников (детей, супругов или партнеров) по так называемой визе иждивенца (dependant visa).

 

Визы выдаются на основе системы баллов, и требования по ним стали жестче в последние годы.

 

Например для получения визы Tier 2 — опытных квалифицированных работников — наниматель должен платить заявителю минимум 30 тыс. фунтов в год. Это в три раза больше, чем требовалось в 2011 году.

 

Чем выше будущая зарплата заявителя на визу — тем больше баллов он или она получает. Такой же эффект дает соискателям на визу Tier 2 редкость их профессии и недостаток аналогичных специалистов в Великобритании.

 

Для получения большинства типов виз нужно в определенной мере владеть английским языком, иметь визового спонсора (учебное заведение или наниматель) и согласиться не претендовать на социальные выплаты в течение определенного времени.

 

 

]]>Источник]]>

 

Само написание статьи весьма спорное. Но все равно для желающих почитать.

[British Lawyer]

27 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Deprivation of citizenship justified by treasonous conduct finds Court of Appeal: <noindex>https://www.bailii.org/ew/cases/EWCA/Civ/2018/2064.html</noindex>

 

A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v The Secretary of State for the Home Department [2018] EWCA Civ 2064.

[British Lawyer]

28 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Entry clearance for a child whose parent has limited leave as a parent under appendix FM

 

If the parent has leave to remain as a parent in the UK, then such a parent requires to prove the adequate maintenance and accommodation for the child, who will be applying for Entry Clearance:

 

“E-ECC.2.3A. Where a parent of the applicant has, or is applying or has applied for, entry clearance or limited leave to enter or remain as a parent under this Appendix, the applicant must provide evidence that that parent is able to maintain and accommodate themselves, the applicant and any other dependants adequately in the UK without recourse to public funds.

 

E-ECC.2.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-

(a) it is, or will be, overcrowded; or

( it contravenes public health regulations.”

 

This requirement contrasts with the parent, who, say, is in the UK as a partner, then such a parent would need to meet the Financial Requirement under the Appendix FM.

[British Lawyer]

29 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

 

And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> How does the UK BA intends to use the HMRC data in assessing applications made un-der the EU Settlement Scheme ?

 

The UK BA’s response is as follows:

 

“The UK has decided, as a matter of domestic policy, that the main requirement for eligibility under the EU Settlement Scheme will be continuous residence in the UK. This means that those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights (e.g. the right to work) under EU law.

Where possible, the application process will help the applicant to establish their continuous residence, and whether it amounts to five years, on an automated basis using data held by HM Revenue and Customs (HMRC) and in due course also the Department for Work and Pensions (DWP). The Home Office will only access this data where the applicant volunteers their National Insurance number (NINo). Applicants can choose not to provide their NINo and instead demonstrate their residency using their own documentary evidence if they wish.

 

Where the applicant provides their NINo, HMRC and DWP will provide data on interactions with the applicant that indicate the period of time that they have been resident in the UK only. The process will not display any personal data that relates to employment, tax, salary, benefits or pensions. The Home Office caseworker and applicant will only be presented with the period of residence covered by the data (the applicant sees this before they submit their application to enable them to add further evidence of their residence for periods not already covered by the data if they wish).

 

Caseworkers will only be looking for evidence of residence and will not routinely be required to check that any evidence of employment provided by applicants has a matching tax record. And in any case applicants who wish to provide additional evidence of residence are not obliged to provide evidence of employment to do so. However, should clearly fraudulent or criminal activity be identified through the EU Settlement Scheme application process, information may be shared with the relevant authorities.”.

[fregat222]

Brexit: британцы желают остаться в Европейском Союзе

 

Более половины граждан Великобритании проголосовали бы за членство в ЕС в случае проведения повторного референдума. Об этом свидетельствует данные шести последних опросов социологов.

 

ДЕТАЛИ. Согласно полученным данным, 52% британцев поддерживают членство в ЕС, а 48% по-прежнему хотят выйти из европейского блока.

 

По словам социологов, победа британцев, которые надеются отменить результаты Brexit 2016 года, во многом зависит от голосов тех, кто не участвовал в первом референдуме.

 

Джон КЕРТИС, сотрудник Национального центра социальных исследований (NatCen):

 

"Действительно, кампания за членство в ЕС пользуется преимуществом в опросах. Но она очень сильно зависит от предпочтений тех, кто не голосовал два года назад, и с вероятностью 2 к 1 говорит, что они поддержат членство в ЕС. Привлечение их к участию во втором голосовании может оказаться серьезной проблемой".

 

НАПОМНИМ. На референдуме 23 июня 2016 года 51,9% британцев поддержали выход из ЕС, тогда как 48,1% проголосовали против Brexit.

 

В свою очередь, в Британии ведется активная кампания за повторный референдум по Brexit. Тем не менее, премьер-министр страны Тереза ​​Мэй исключила вероятность его проведения. В свою очередь, ЕС требует проведения нового референдума.

 

 

 

 

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[fregat222]

В Британии планируют ввести дополнительный налог на покупку жилья для иностранцев

 

Премьер-министр Великобритании Тереза Мэй в интервью газете The Sunday Times сообщила о планах ввести дополнительный налог на покупку жилья для иностранцев.

 

Эта инициатива, как полагает Мэй, позволит остановить рост цен на жилье в Великобритании. Согласно ей, иностранные покупатели столкнутся с более высокой ставкой гербового сбора (эту пошлину британские власти взимают с физических и юридических лиц при приобретении недвижимости, земли, а также покупке акций, бондов и других инвестиционных инструментов в Великобритании).

 

В соответствии с предложением премьер-министра, люди и предприятия, которые не платят в Британии налоги, получат при покупке имущества в стране надбавку в виде этой пошлины в размере от 1% до 3%, пишет РБК. При этом поступления в бюджет, которые будут накапливаться от этого налога, как полагает Мэй, пойдут на программу по борьбе с бездомными.

 

 

 

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[British Lawyer]

02 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Luxembourg court to be asked if the UK can cancel Brexit

 

Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled.

 

The case, formally known as Wightman & Others v Secretary of State for Exiting the European Union, has a fairly tortuous procedural history. Initially permission to proceed with the case was refused. This was overturned on appeal. The case proceeded but was refused on its merits by the Outer House (the Scottish equivalent of the High Court). This has now been overturned on appeal to the Inner House (the Scottish equivalent of the Court of Appeal).

[British Lawyer]

03 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Switching from a visitor visa into a partner’s route visa – further insight

 

Ideally, the Entry Clearance is required, yet there are certain circumstances the applicant may need to lodge an in-country application. Should it be the case, the appendix EX1 is usually relevant. Often the references have to be made, for example, to the Baroness Hale in Chikwamba at the Para 8, and the Chen case at the Para 39. It may also be helpful to further rely upon the case of ZH (Tanzania).

 

This is a complex and evolving area, so the expert advice, like ours, is needed in most cases.

 

>>> Can a Tier 2 (ICT) dependent switch in-country into the Tier 2 (General) category ?

 

Apparently, the answer is “NO”, under the Para 245HD.(, which clearly prevents such an applicant from switching in-country.

 

>>> Are you a few days/weeks short for a qualifying time for Settlement ?

If you fall outside the 28 day period, you can apply for an extension and then vary the application when the requirements are met.

[fregat222]

Британцам понадобится турвиза в страны ЕС. И наоборот

 

По сведениям британской прессы, новая иммиграционная система осложнит жизнь обычных туристов.

 

Times стало известно, что граждане ЕС, собирающиеся в Британию как обычные туристы, по новым правилам не смогут въехать в страну, просто показав на границе паспорт, как это происходит сейчас, а должны будут заранее пройти проверку на безопасность и криминальное прошлое.

 

Источники в ЕС на это сообщили Times, что если это положение будущих иммиграционных правил вступит в силу, то и ЕС автоматически запустит зеркальную процедуру. Обладатели британских паспортов перед поездкой в одну из стран Евросоюза должны будут заполнить онлайн-анкету и заплатить 7 евро, что позволит им получить авторизацию на путешествия в течение трех лет.

 

Аналогичная система, напоминает издание, уже несколько лет действует в США для граждан тех стран, которым не нужна туристическая виза.

 

 

 

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[British Lawyer]

05 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> The UK Immigration system (some brave prognosis) after the Brexit

 

It is just the general view on how the UK immigration system MAY look like after the Brexit:

 

1) EU free movement will come to an end

2) There will be a level playing field between EU and non-EU workers

3) Highly skilled workers will be prioritised

4) The new immigration system is likely to be just an amended version of the current UK Immigration Rules

5) The Tier 2 cap is likely to be scrapped

6) Access to Tier 2 will be widened for employers and employees

7) No separate visa route for low skilled work

8) The Tier 5 Youth Mobility Scheme will be extended

9) UK nationals will have to apply online before visiting the continent

 

And…

 

10) All of the above may be ditched depending on the trade deal offered

 

>>> You are a non-EEA national with a British spouse in the prison. Is all lost ?

 

Not necessarily. Although the UK BA tend to INITALLY refuse such applications. If so, the further option is to lodge an appeal (provided the Appellant otherwise satisfies the Rules), relying upon TZ (Pakistan) and PG (India).

 

>>> Tier 4 Student application – what can be done, if there is “gap” between the course start date (in-country) applications

 

There may be the case when a student completes one course and his current leave to remain expires BEFORE this new course is about to start say, in a couple of months’ time. The easiest option, is, of course, to leave the UK and re-apply from the applicant’s country of habitual residence.

 

Yet there are cases when return home of undesirable. In this case and in order to “bridge the gap” the applicant may lodge a human rights application in-country and then, when it will be just 28 days before the start of the new course, vary his/her human rights application for the Tier 4 Student one.

 

This is a complex area and the legal assistance from the immigration advocates like the Legal Centre (www.legalcentre.org) is strongly advisable

 

>>> Can a visitor lodge an Entry Clearance application for a different immigration category, while in the UK ?

 

Apparently, the answer is “No”, in line with the Para 28 of the Immigration Rules:

 

“An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application”.

 

>>> Visitor visa refused ? Can one lodge an appeal ?

 

Yes and No. Usually, there is no right of the appeal upon the refusal of the Visitor Visa application. At the same time, a Judicial Review claim can be lodged to the relevant court which, is successful, may result in the visitor visa being granted.

 

>>> Settlement applications process in the USA – a major change

Effective from the 10th September 2018.

 

It should be noted that moving forward, Settlement applications submitted in the USA should still be sent directly to Sheffield, unless the PAC and the Settlement Premium Service is being used ($1900, in addition to the filing fee). The PAC scans and emails to Sheffield when using this service.

 

To clarify the BCG in NY is no longer processing any applications, they are all being processed in Sheffield or Croydon.

 

>>> No second chance for work visa applicants if sponsoring company loses licence: <noindex>https://www.bailii.org/ew/cases/EWCA/Civ/2018/2103.html</noindex>

 

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and policy behind the Tier 2 visa route.

 

Briefly, if the UK BA revokes the Tier 2 Sponsorship license, the UK BA may not need to inform the Tier 2 migrants about it AND the Tier 2 migrants may not expect any grace from the UK BA to have (any) chance to find a new Tier 2 sponsor in-country.

[British Lawyer]

06 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> UK Immigration Rues in one place: <noindex>https://www.gov.uk/guidance/immigration-rul...ion-rules-index</noindex>

 

Immigration Rules: Index

 

The rules are divided into different documents. The index page will help you find the part you need.

 

Not for the light hearted ©

 

>>> IELTS Test and the hearing or listening difficulties : <noindex>https://www.ielts.org/book-a-test/special-r...ng-difficulties</noindex>

 

>>> Guidance on how English language requirements are assessed for Tiers 1 and 2 of the points-based system: <noindex>https://www.gov.uk/government/publications/...nglish-language</noindex>

 

 

 

 

 

[British Lawyer]

08 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Is switching from the Tier 2(ICT) into the Tier 2(General) possible without a 12 month cooling off period ?

Apparently, the answer may be “Yes”. If the migrant is earning in excess of the (currently) £159 600 per year, the migrant can leave the UK and apply for the Tier 2(General) and thus avoid the 12 months cooling period.

 

Note that the para 245HD.( c ) prevents such a migrant from switching in-country. At the same time the para 245HB.( g )(ii) exempts such a migrant from the 12 month cooling period when applying for entry clearance from outside the UK.

 

>>> Has your immigration application been outstanding for years and years ?

 

If your immigration application has been outstanding (that is, awaiting a decision by the UK BA) for years, then you may be able at least able to put some pressure upon the UK BA by at least relying upon the case of the Secretary of State for the Home Department v Said [2018] EWCA Civ 627.

[British Lawyer]

09 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Notes on the UK BA pre-Settled and Pre-Settled Status roll-out programme from the recent UK BA meeting – how will the Settled and Pre-Settled process look like

 

“Roll out – the default position is that there is no personal checking of docs before applying. There is an app which allows you to take a scan of your passport. The app will read the passport’s biometric and pass the data to the UK BA. Other documents (eg evidence of residence) can be photographed or scanned by the applicant and emailed to the UK BA. Generally, only where there is something suspicious, or deficient, about a document, will a caseworker ask the applicant to submit an original by post.

 

There will be a personal check of docs if the applicant chooses not to use the app – they can send passports to the UK BA to be checked and sent back, or attend a face to face appointment to have their document verified and given back. And of course the UK BA reserves the right to ask for identity documents to be submitted for manual checks even if the applicant has used the app (for example if the chip didn’t read properly).

 

Applicants opened the web page by first choosing an EEA/other option. There is an option for a British citizen. It is assumed that choosing this option takes you to information for the British Citizen dual national citizens and the British Citizens and advises that you do not need to apply.

 

First the applicant registers an email, receives an email to activate, continues with the application and creates an account.

 

Roll out – simply does this more smoothly than was the case in the pilot.

 

Provide name (title can be problematic – some passports include it with the name, some don’t).

 

There is a male/female option.

 

Roll out – non-binary option is under discussion but is unlikely to be included as it does not exist for other forms of ID.

 

Option for entering relationships (family members don’t need to apply at the same time as the EEA national but it is generally advisable for the EEA national to enter them here).

 

Drop down box for indicating nationality. This does not include ‘stateless’ (which may be relevant for a family member).

 

Enter passport details or ID card details (see above re phone app which will auto populate all the personal data (name, DOB, nationality etc) included in the passport’s chip, as well as the passport details.)

 

Option for ‘any other nationality?’

 

Photo upload using webcam

 

Roll out – using mobile camera or upload. There is no requirement for a formal passport photo.

 

Confirm mobile number and address. Option to send correspondence elsewhere.

 

Two questions: Do you have permanent residence documentation? And Do you have indefinite leave? Enter reference numbers.

 

Roll out – these questions will be made clearer as they confuse those EEA nationals who have had nothing to do with any immigration controls. The person must have got evidence of Permanent Residence from the UK BA, not simply have acquired it.

 

National Insurance Number – record is checked within one minute on upload of the application.

 

Roll out – Some tax payments, and some benefits, are not proof of residence, so there will be work done to identify those in the NI records.

 

Convictions of any kind – give details.

 

Questions on war crimes/genocide etc. as per other application forms. Further info/definitions appear if you hover over the question.

 

Website then asks for £65 payment if you have not answered ‘yes’ to ‘do you have documented PR/ILR?’

Child fee is £32.50.

 

Credit card payment – someone else can pay for you if you don’t have a card.

 

Roll out – other options?

 

After the payment page, a page tells the applicant whether they are being considered for Settled or pre-Settled status (see below for criteria, meaning etc).

 

If you’re being considered for pre-settled status and you believe you should be considered for settled status you have the option to provide evidence to support this. If you choose to do so at this stage the next page will tell you which years of residence have a tick for residence accepted, and which do not. You can then upload or send documents to satisfy residence for those years where the NI record is insufficient, or provide evidence of residence for an en-tirely different period if that is easier (the NI look up defaults to searching for the most re-cent residence period). If you agree that you have not been resident for 5 years, then you just accept the pre-settled status. The UK BA wants to discourage discussion at this stage – if, for example, you get pre settled status, you can apply for free to upgrade to settled status, with evidence, at the point where you accumulate your 5 years’ residence. You don’t need to ar-gue about it or send any evidence about it at the initial stage. It’s meant to be simple – 5 years, or no 5 years?

 

You get the page with the details of the proposed decision and a reference number sent to your email.

 

If you want a copy of the information you have put on the application, you can download it.

 

Roll out – you can download it to your device or have it emailed to you.

 

That is it for the time being.

 

What happens next?

 

The application has to be checked by a human. At that stage the caseworker may call for any dubious documents to be sent in or ask for additional evidence, if required.

The caseworker is not looking out for fraud in relation to benefits or tax. If the proof of resi-dence box is ticked, eg. because in that year some NI payments have been made, or some benefits have been paid out, the caseworker does not see the full detail of that (eg employer name, amount of tax, benefit type etc). If there are missing years then the person may need to upload additional evidence, and the caseworker will see that and consider whether it meets the evidence of residence requirement. As per the published guidance, the evidence submitted does not need to be evidence of employment or any ‘permitted activity.’

The default position is that no documents are sent. The exceptions are where there are a very large number of pages which exceed the file upload limit (which they don’t envisage hap-pening as you don’t need much evidence for proving residence in any one year…..); or the caseworker calls for them – see para above.

 

Obviously the UK BA can’t make a policy statement that they won’t ever refer information to DWP/HMRC to prosecute fraud, but they’re not searching for it at this stage. There is no duty on the HO to pass on discrepancies to other government agencies. The HO does not want to ‘disincentivise’ people from applying.

There will be a security check run, as for all applicants for some form of immigration status. The caseworker will be interested in any discrepancies between security information and declarations on the application form and will ask for more information. The criteria for re-fusal are set out in the draft withdrawal agreement.

 

The UK BA said that they are not interested in minor offences eg. Driving penalties. Full details have been published elsewhere.

 

What does pre-settled status mean?

 

The easy answer is that it is a five year permit for those who cannot already evidence 5 years’ residence in the UK (you choose any period). After 5 years residence the person can apply for settled status. It is an immigration status only.

 

The statement of intent explains the other rights eg. It is not lost with up to two years’ absence from the UK, and in a footnote on p32: ‘They will continue to have to provide evidence that they meet the relevant eligibility requirements, eg. In any benefit claim or application for social housing, supported housing or homelessness assistance.’

 

The UK BA stated that there is no existing definition of ‘pre-settled status’ in benefits/housing law. The intention of the Settlement Scheme is to give security to resident EU citizens by regularising their immigration status, not to entitle people to mainstream benefits when they are not already entitled to them. The test for getting pre-settled status is anything from one day’s ‘residence’ in the UK up to 4 years and 364 days. Such a (potentially) short period should not on its own give rise to an entitlement to social benefits. The pre-settled status is just an immigration category. People with it will still have to comply with existing requirements for EEA nationals as to being qualified by exercising Treaty rights and by hav-ing the right to reside. The UK BA confirmed that before the end of the implementation pe-riod in Dec 2020 there will probably need to be legislation which determines what social benefits those with pre-settled status will have, in the period before they become settled and after the end of the implementation period when their (defined) EEA rights fall away.

 

The UK BA also confirmed that those who do not apply before the end of the grace period ie. June 2021, will have no recognised immigration status afterwards. (Therefore, until that point those who have not registered for pre/settled status will be relying on their existing EEA rights.)

 

The rights or status of people who enter by Dec 2020 and only register between then and June 2021: the UK BA said that as long as they enter by 23.59 on 31 December 2020 they are covered by the Withdrawal Agreement and can reside lawfully on that basis until 30 June 2021, by which time they must have made an application to the scheme.

 

What does settled status mean?

 

Note – this part is explicitly not confirmed by the UK BA policy people because it’s DWP policy: Settled status does have a meaning in benefits/housing law (it is like ILR) but it has not yet been defined in relation to that law in legislation. The intention is that those with set-tled status will be treated like those with ILR, and I understand that that is the case from the date of grant of settled status and has nothing to do with transition etc. Therefore, I under-stand that people with settled status will be subject to the hab res test in benefits law, as Brit-ish citizens are.

EEA nationals with ILR appear to gain an advantage by applying for settled status – it’s free to convert, it’s currently advantageous for family members of EEA nationals, and it’s not lost with up to 5 years’ residence abroad.

 

Will there be a hard copy document?

 

The UK BA confirmed that EEA nationals will not get a document. They will be able to print out the email and pdf of the letter confirming that they have pre/settled status but they will not be able to use it as proof of their status. It is an ‘online status’. They can share a log-on to the evidence of their status with an employer, landlord. It is more updatable, more practical.

 

Cards get lost, damaged, stolen, have room for less information.

 

The UK BA wishes to move to a ‘no documents’ system, so did not want to begin a card sys-tem for EEA nationals.

Non-EEA nationals will get a card like the existing BRP if they do not already have one.

 

Meaning of settled status for citizenship?

 

Settled status is a grant under UK immigration law. For those who get it on registration and did not have ILR or documented permanent residence before, their period free of immigra-tion control will begin on the day of the grant of settled status. The UK BA said nothing about proof of residence for being granted pre/settled status as having any meaning under the BNA, which requires proof of specific periods of residence.

 

The UK BA added that where someone wishes to demonstrate that they qualify for British citizenship sooner than one year from the grant of settled status they can continue to apply to have their permanent residence documented and that will retrospectively confirm the date they became from free from immigration time restrictions which can then be used to calculate the date that they qualify/qualified for British citizenship.”.

[British Lawyer]

11 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> Children of unmarried British citizen or settled fathers guidance: <noindex>https://www.gov.uk/government/publications/...policy-guidance</noindex>

 

>>> Complete visas and immigration operational guidance: <noindex>https://www.gov.uk/topic/immigration-operational-guidance</noindex>

 

>>> Immigration tribunals lose their way in overcomplicated human rights rules: <noindex>https://www.bailii.org/scot/cases/ScotCS/2018/</noindex>[2018]_CSIH_65.html

 

The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Article 8 of the European Convention on Human Rights, with the “anxious scrutiny required”.

 

The decision illustrates two characteristics of our immigration law at present. Firstly, that the law is unnecessarily tortuous as regards the proper assessment of family life rights under Article 8. Secondly, that this complexity detracts from the tribunal’s primary function, which is to resolve matters of fact.

[British Lawyer]

12 October 2018 – Just useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

 

>>> UK Government Update: statement by Caroline Nokes MP on the Immigration Health Surcharge increase: <noindex>https://www.parliament.uk/business/publicat...-10-11/HCWS995/</noindex>

 

The NHS surcharge fee will double. Students and those under the Youth Mobility Scheme will pay £300 (previously £150) per years, while anyone else will be paying £400 (previously £200) per year.

 

These changes do not affect permanent residents, who are not required to pay the IHS. Certain vulnerable groups such as asylum seekers and modern slavery victims are exempt from paying the IHS. Short-term migrants (including those on visitor visas) and those without permission to be in the UK are generally charged for secondary care treatment by the NHS at the point of access.

 

>>> UKVI Guidance: Statement of changes to the Immigration Rules: HC 1534: <noindex>https://www.gov.uk/government/publications/...11-october-2018</noindex>

 

The Government has laid out a statement of changes to the Immigration Rules, and an explanatory memorandum.

 

>>> UKVI Guidance: EU Settlement Scheme pilot: applicant eligibility: <noindex>https://www.gov.uk/guidance/eu-settlement-s...ntent=immediate</noindex>

 

A new phase of the EU Settlement Scheme pilot will open on 1 November 2018 and will run until 21 December 2018.