Важные судебные решения и новости для иммигрантов

[British Lawyer]

09 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> MAC instructed to ponder points based immigration system: https://www.gov.uk/government/publications/commissioning-letter-to-the-mac-on-a-points-based-system-for-migration

The long-suffering Migration Advisory Committee, or ‘MAC’ to its friends, has been com-missioned to carry out yet another review. Back in June 2019 the MAC were asked by one Home Secretary to think again about salary thresholds for skilled workers. This time they are being asked by a different Home Secretary to think again about the idea of an Australian style immigration system:

“Today, I am asking the MAC, as part of their current work on future potential salary thresholds, to conduct a review of the Australian immigration system and similar systems to advise on what best practice can be used to strengthen the UK labour market and attract the best and brightest from around the world.”

There’s then some flannelling about the benefits of controlled migration, once in a lifetime opportunities and so forth, before the letter concludes:

“This revised commission reflects the Government’s vision and overarching principles of the future UK immigration system: that it must be fair to those in the UK and those coming here; and allow for full control over our borders and immigration to the UK. Delivering on the promise to introduce an Australian-style points-based system is part of our approach to improving public confidence in our immigration system whilst allowing us to welcome talented and skilled individuals from all over the world.”
The report is due by January 2020.

In fact, the UK already has a points based system. It is literally called “the points based system” and it appears at Part 6A and numerous appendices of the Immigration Rules: https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-6a-the-points-based-system

It has not actually operated as a genuine points-based system for many years now, it is true. There is only one route to getting each type of visa under the UK system and the UK system includes subjective “genuineness” tests all over the place, whereas under a true points-based system there will be multiple routes through acquiring different combinations of points for different objective qualities. The one bit of the UK system that really ran on points, called Tier 1 (General) was scrapped for new entrants back in 2011.

The White Paper on post-Brexit immigration published under Theresa May in 2018 pro-posed the abolition of special immigration rules for EU citizens along with some minor re-forms to the existing system. This would essentially bring EU citizens within a slightly re-formed version of the current immigration system. This was followed in March 2019 by the Home Office indicating that it wanted to move away from the now-redundant ‘points based system’ label. The new innovator and start up visa routes were added to a new non-points-based appendix of the Immigration Rules.

Whether any of this matters to anyone but the poor MAC members who now have to conduct the review is a moot point (although they could probably get away with putting a different front cover on the excellent Migration Observatory briefing on points based systems: https://migrationobservatory.ox.ac.uk/resources/reports/the-australian-points-based-system-what-is-it-and-what-would-its-impact-be-in-the-uk/ ). The current government may not last long and anyway already has a history of fake immigration news, like the hollow Johnson pledge to properly protect EU citizen rights and the recanted rumors of ending free movement after Brexit.

>>> Healthcare for British citizens in the EEA after a no-deal Brexit

This is an update on UK citizens’ and residents’ access to healthcare in the EEA and Switzerland if a no-deal Brexit happens on 31 October 2019.

The people who will be affected are those for whom the UK is currently paying for their healthcare in another EEA state or Switzerland under Regulation 883/2004. This includes:

•    UK residents temporarily “staying” (as opposed to “residing”) in an EEA state or Switzerland who travel with a European Health Insurance Card (EHIC), including tourists, posted workers, students and others.
•    UK pensioners living in an EEA state or Switzerland who are receiving a UK State Pension or another exportable UK contributory benefit and have an “S1” form.

For these people, their EHIC or S1 form will no longer be valid after 31 October 2019 if there is no deal.

People who are working in an EEA state or Switzerland (other than posted workers) will normally already be enrolled in that state’s social security system and their access to healthcare should not be affected.

The Healthcare (European Economic Area and Switzerland Arrangements) Act 2019, which received Royal Assent on 26 March 2019 and came into force on the same day, allows the UK Government to make provision for post-Brexit healthcare. Clause 1 gives the Secretary of State power to make payments, and arrange for payments to be made, in respect of the cost of healthcare provided in an EEA state or Switzerland. The details of the schemes will be set out in regulations made by the Secretary of State under clause 2. It appears that no such regulations have yet been made.

The Act anticipates “healthcare agreements” between the UK and EEA states, Switzerland and/or an international organization (presumably the EU), concerning (a) healthcare provided in an EEA state or Switzerland, payments in respect of which may be made by the government of the United Kingdom and/or (b) healthcare provided in the United Kingdom, payments in respect of which may be made by an EEA state or Switzerland. However, the wording of clauses 1 and 2 is clearly sufficiently wide to allow the UK Government to take unilateral action to fund healthcare abroad, even with no agreement. At the moment, we do not know what arrangements the Government intends to put in place under the 2019 Act.

Some EEA countries have unilaterally enacted legislation to protect British citizens’ healthcare after Brexit. If you are travelling to the EEA or Switzerland after 31 October 2019 you should check what arrangements have been put in place in the country to which you are travelling. It may be advisable to take out private insurance before you travel.

[British Lawyer]

10 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Statement of Changes to the Immigration Rules: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-2631-9-september-2019

The detail of the changes being made is included in section 7 of the Explanatory Memorandum, but in summary, the changes will:

• Make revised provision for access to the EU Settlement Scheme for the family members of UK nationals returning from a European Economic Area (EEA) Member State or Switzerland, in line with a policy paper published in April 2019, and make other technical changes to the EU Settlement Scheme and EU Settlement Scheme family permit;
• Mandate an online route for applications for administrative review where the original application was made online;
• Replace references to the Dublin Arrangements which determine which member state is responsible for considering an asylum application;
• Expedite the grant of s67 ‘leave to remain’ on children who have been transferred to the UK under section 67 of the Immigration Act 2016; and,
• Make a number of minor amendments to business sectors, employment, and talent categories listed in the rules.

>>> Litigation win on early years provision

Following successful litigation, the Government has agreed to amend the existing regulations on early years provision for two-year-olds to include families with no recourse to public funds. The current provision enables families in receipt of low-income benefits to access 15 hours of free childcare for two-year-olds. This provision has often excluded some of the most disadvantaged families due to the no recourse to public funds (NRPF) condition that is attached to parents’ leave to remain in the UK.

In light of the litigation, the Department for Education will amend the regulations on early years provision for two-year-olds to make it accessible for the following families:

1. Those with an EU derivative right in the UK as a carer of a British child or a dependent adult i.e. a Zambrano carer in the UK
2. Those with an EU derivative right that is currently unrecognised – namely, someone that would otherwise meets the conditions for leave to remain as a Zambrano carer but does not currently have leave to remain, or is awaiting a decision on an application for leave to remain
3. Those with leave to remain on Article 8 family and private life grounds either within the rules (Appendix FM or 276E(2)) or outside the rules
4. Those who have claimed asylum but are ‘appeal rights exhausted’ (ARE) and in receipt of Section 4 support from the Home Office

This does unfortunately leave out non-British children of parents who do not currently have existing leave to remain and are do not qualify for a Zambrano right.

Where families satisfy the above conditions, they will still need to demonstrate that they have low income. According to guidance that the DfE and LGA have issued for local authorities, parents ‘must meet the income threshold (£15,400) to be eligible for a free place for their two-year-old.'

The DfE has also agreed to consult on the changes with relevant sector partners.

 

[British Lawyer]

11 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Statement of changes to the Immigration Rules HC 2631: changes to work visa routes

Detailed review

A new statement of changes to the Immigration Rules was published on the 9th September 2019. Except where indicated otherwise, these changes will come into force on 1 October 2019.

Tier 2 

Quite a number of (positive) changes were made to the Tier 2 route in this Statement of Changes:

•    Following the Migration Advisory Committee’s review of May 2019, the Shortage Occupation List has been expanded with professions such as biological scientists and biochemists, psychologists, veterinarians, and architects (but note that some professions have been removed too). Around 1 in 10 jobs are now on the Shortage Occupation list. In addition, companies wishing to offer digital technology jobs in the shortage occupation list will no longer need to meet strict conditions they previously had to satisfy. The main advantage of employing someone on the Shortage Occupation List is that employers do not need to carry on a Resident Labour Market Test. In addition, applicants are exempt from the earnings threshold when applying for indefinite leave to remain (although they must still be paid the appropriate rate for the occupation). These changes come into force on 6 October 2019.

•    Still relating to the Shortage Occupation List, those who followed the BBC show “Who Should Get to Stay” may remember the case of a restaurant owner who could not sponsor skilled chefs because the restaurant offered a take away service. This restriction has finally been removed, such that restaurants who offer a takeaway service may still sponsor chefs.
•    Some salary rates have been modified and will apply to certificates of sponsorship assigned on or after 6 October 2019.
•    PhD level occupations will be exempt from the (20,700) annual limit on visas for skilled non-EU workers from 6 October 2019.
•    Another good news for PhD level occupations is that their absences from the UK for research which is directly relating to their Tier 2 employment will not be counted as absences in an application for indefinite leave to remain. The same applies to their partners who accompany them in these circumstances.
•    Changes have been made so that those who are absent from work due to sickness, statutory parental leave, assisting in a national or international humanitarian or environmental crisis or engaging in legal strike action may still apply for indefinite leave to remain even if such absences cause their salary to fall below the required threshold (similar rules already existed for those on maternity, paternity, share parental and adoption leave).
•    From 6 October 2019, jobs can be advertised on the gov.uk “Teaching Vacancies” for the purpose of carrying on a Resident Labour Market Test.

Start-up and innovator

To qualify under the start-up route, applicants are usually expected to not have previously established a UK business (if they have, they should apply as innovators). A change exempts students in the UK on the doctorate extension scheme from this condition.

Changes are also made to the requirements that an organisation must meet to become an endorsing body under these routes, including that their request may be refused on the grounds of “criminality or other actions or behaviour which are non-conducive to the public good” or due to conflicts of interest.

Tier 1 (investors)

Following the March 2019 Statement of changes, UK government bonds are no longer qualifying investments for Tier 1 (Investors). However the current Statement of changes make provisions for those who were already on the Tier 1 (Investor) route prior to 29 March 2019 to extend or settle in the UK, provided they move their qualifying investments out of UK government bonds. In particular, those who wish to extend their Tier 1 (Investor) leave must move their investments before 6 April 2023, while those who want to apply for indefinite leave to remain must move them before 6 April 2025.

Tier 1 Exceptional Talent

Tech Nation, one of the endorsing bodies for Tier 1 (Exceptional Talent) applicants, has asked that applicants provide three, rather than two, letters of support by established organisations in the digital technology sector. This change brings those applications in line with those applying for endorsement by other designated competent bodies.

In addition, Tech Nation seems to want to attract more “commercially savvy” applicants, and will take into account the commercial impact of the applicant’s previous work, achievements and experiences; and insists on applicants producing “product-led” digital technology rather than just digital technology.

The Royal Society, Royal Academy of Engineering and British Academy are, instead, being more generous, expanding the list of peer-reviewed fellowships which will allow applicants to apply under the fast-track procedure; allowing those who have held a fellowship in the 12 months prior to the application to apply; and allowing a wider range of senior academic or research positions to apply.

Students

Changes have been made so that students on Tier 4 (General) visas will be able to start working for Tier 2 sponsors within 3 months of the completion of their degree. Students who have been supported by an endorsing body can also start their business activities whilst their application for a start-up application is pending.

Another change is being made to allow Tier 4 students studying at masters’ and PhD level to start a different course of study with their current sponsor while they have leave, without having to make an application from overseas.

Professional sportsperson

For the fourth (!) time this year, the definition of professional sportsperson was changed (see Nichola Carter’s post for a bit of history). No doubt partly due to negative media coverage, the Rules went back to confirm that Tier 4 (General) students studying a course at degree level or above can play or coach as amateurs or as part of a work placement undertaken as an integral and assessed part of their course.

English language

For once we get rid of an Appendix! Appendix O will no longer exist, and details of acceptable English tests will be on the main gov.uk page (presumably here: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests )

In addition, applicants are no longer required to provide their test certificates, but only the unique reference number, both for English language tests and the Life in the UK Tests, which can be checked by the Home Office.

Lastly, Tier 2-sponsored doctor, dentist, nurse or midwifes whose English language was assessed by the relevant regulated professional body as a requirement for registration will no longer need to pass an additional English language test.

Tier 5

Minor changes to Tier 5 routes include:

•    The Foreign & Commonwealth Office government authorised exchange scheme has been removed.
•    The list of organisations permitted to sponsor researchers under the “UK Research and Innovation – Science, Research and Academia” scheme has been expanded.
•    From 1 January 2020, South Korean nationals applying under the Youth Mobility Scheme no longer need to apply for sponsorship from their government before applying for their visa.

Administrative review

Last but not least, administrative reviews must now be submitted online, unless the original application was made on a valid paper form.

[British Lawyer]

12 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Important changes for the EU citizens under the EU Pre-Settled and Settled Scheme

Some changes have been rather worrying – see the detailed review below.

The UK Government has introduced the Statement of Changes to the Immigration Rules HC 2631. This is a formal change to the immigration rules and there is a lot to it; the full version weighs in at 102 pages. This review will be about the changes made the EU Settlement Scheme.

The ministerial announcement suggests that most of the changes relate to Surinder Singh, with some ‘technical changes’ here and there. While many are technical changes in order to improve understanding and clarity, some of them are quite important.

These changes to the EU Settlement Scheme, formally known as Appendix EU in the Immigration Rules, are brought into effect on 1 October 2019.

Administrative Reviews

The rules relating to Administrative Review have been changed to specify deadlines for such applications depending on the location and situation of the applicant.

For applications made by persons in the UK but not in detention the deadline will be 28 calendar days after receipt by the applicant of the relevant decision. For applications made by person in the UK and in detention the deadline is 7 calendar days. For applications made by persons overseas the deadline is 28 calendar days.

Those in immigration detention will have a torrid time trying to apply within 7 calendar days. There are administrative barriers to overcome, such as restrictions on communications to those outside the centres. The barriers to accessing good quality legal advice are even higher. Often individuals have to represent themselves for that reason. Without specialist knowledge of this scheme, it will reduce the chances of successfully challenging decisions.

The previous version of the rules allowed Administrative Review applications to be made outside of the deadline at the discretion of the Secretary of State. This discretion to allow late applications has been removed from the rules, meaning that from 1 October 2019 all Administrative Review applications must be made within the deadline.

This is a particularly unwelcome change given the high rate at which pre-settled rather than settled status is being granted and the continued absence of a right of appeal, where there is a discretion to admit late applications. There appears to be no reasonable justification for this change.

It will be possible to apply for Administrative Review of a decision to cancel leave granted under Appendix EU on the grounds that a person ceases to meet the requirements of that leave. But not where leave is cancelled for other reasons – see below.

In future any application for review, it will need to be made online unless the original application was made using a paper form.

Family members

This section of the rules sees many minor changes to improve scope, understanding and clarity.

For instance, the definition of EEA or Irish citizens who have naturalised to become British is adjusted. This means that family members of naturalised Brits who previously seemed to be excluded from the scheme are now included.

There are a few changes to the position of family members of an EEA citizen who has ceased activity, for example where an EEA citizen was in work but lost their job. The rules now require the family member to have been resident for a continuous qualifying period before the EEA citizen ceased activity. There was no such requirement in the previous version.

Children under 21 of British citizens are able to apply for settled status if their parents were durable partners (i.e. not married or in a civil partnership but in a serious relationship) before Brexit happens. But the durable partners need to marry or form a civil partnership before the application is made.

A person who is applying as the dependent parent of an under 18-year-old EEA citizen is now required to prove their dependency in order to be granted status.

Surinder Singh

The rules relating to family members of British citizens have been amended to reflect the recent policy paper.
The British citizen can return with specific family to the UK under these in the following circumstances:

•    The British citizen can return with the spouse, civil partner or durable partner where these relationships were formed before Brexit day, in these instances they must return before 29 March 2022
•    The British citizen can return with the spouse or civil partner where these relationships were formed after Brexit day, in these circumstances they must return before 11 pm on 31 December 2020
•    The British citizen can return with the durable partner where that relationship was formed after Brexit day, in these circumstances they must return before 11 pm on 31 December 2020
•    The British citizen can return with his or her child or dependent parent or the child or dependent parent of his or her spouse or civil partner, in these circumstances they must return before 11 pm on 29 March 2022. If the British citizen married or entered into a civil partnership after Brexit day and they wishh to return with the child or dependent parent of the spouse or civil partner, then the return date changes to 11 pm on 31 December 2020
•    The British citizen can return with his dependent relative other than a parent, so long as that family relationship and the dependency existed before their return to the UK. Their return to the UK must occur before 11 pm on 31 December 2020
It is good to see these rules clarified. The Explanatory Statement which accompanies them states these rules and their deadlines apply in both a ‘deal’ and a ‘no deal’ Brexit scenario.
Suitability

There are some substantive additions to the section relating to ’suitability’. This is the section where we find details on the circumstances where applications may (discretionary) or must (mandatory) be refused.

The accompanying ministerial statement says:

“We expect the vast majority of EUSS applicants to be genuine, and for there to be little need for status granted under the EUSS to be cancelled at the border or curtailed in-country.

However, it is appropriate that, to safeguard the integrity of the EUSS, its status should be covered by some of the same powers as other forms of immigration leave, so that appropriate action can be taken where necessary.”

There has always been a worry that pre-settled or settled status could be cancelled or curtailed. These changes bring life to those concerns.

An application for pre-settled status or settled status may (discretionary) now be refused if the applicant has previously been refused entry to the UK under the EEA Regulations. There are instances where EEA citizens or their family members have been incorrectly refused entry to the UK and it requires them to challenge that refusal from outside. It is a long drawn out process that often requires the assistance of a lawyer like the ones from the Legal Centre (www.legalcentre.org ). In many instances these border decisions go unchallenged. Now those historic decisions may be used as a ground to refuse an EUSS application.

An application for pre-settled or settled status may also be refused if it relates to someone who previously had such leave, but that leave was cancelled sometime in the past. This includes, not just leave granted under the EU Settlement Scheme from within the UK, but also leave granted in the course of an application to join an EEA national in the UK for the first time under Appendix EU (Family Permit).

This means that a person’s pre-settled and, crucially, settled status is by no means a guaranteed status. The refusal of the application must be justified on public policy, public security or public health grounds under the EEA Regulations or, if it occurs after a no-deal Brexit, on the grounds that the decision is conductive to the public good.

It essentially it requires a serious criminal offence and, amongst other requirements, the individual has to represent a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, with higher thresholds to overcome the longer someone has resided in the UK. Public good grounds have a much lower thresholds and is not just about offences but about the adverse conduct of an individual.
A person could now be living outside the UK with pre-settled status or settled status, and they could face the cancellation of their leave by the Home Office for this reason. This cancellation can occur on their arrival in the UK or while they are living outside the UK.

We, the lawyers at the Legal Centre, know too well that the Home Office decisions are sometimes of very poor quality. They often do not apply the public policy, public security, public health grounds or public good grounds properly, lawfully and correctly. An EEA citizen or their family members must have done something wrong to warrant Home Office attention in this way, but we often see the Home Office trying to cancel leave because of very minor offences or actions. This does leave individuals rather vulnerable to poor decision making.

Either statuses could also be cancelled on the basis that false or misleading information, representations or documents were submitted (including false or misleading information) and that material was used to obtain such status. It does not matter if the applicant did or did not know such material was false or misleading. This is major worry because the automatic nature of the EU Settlement Scheme application and the restrictiveness of its declarations has, in some instances, granted status based on incorrect information.

For example, an EEA citizen might now be living outside the UK but continuing to work for a UK based company and taxed accordingly. The EEA citizen intends to rely on a five-year continuous residence that occurred before they left the UK. But the nature of the automated residence checks mean that the application inadvertently grants settled status based on the tax information for the period they are outside the UK. The EEA citizen than accepts the application form declarations on the basis that the information is correct.

If the EEA citizen is aware of how the system works, they could, in theory, contact the Settlement Resolution Centre to try to remedy this. But if they do not know how the system works, there is no obvious way that they would be aware they are unknowingly accepting settled status based on misleading information.

In this scenario, the EEA citizen is obviously eligible for settled status, but they were granted it based on false information and not based on the correct period of residence. The manner in which the Statement of Changes is drafted does not make it clear that, in this scenario, the EEA citizen might not be vulnerable to their leave being cancelled for such a reason. There are many other instances of leave being granted based on incorrect information, though the grant is correct had the right information been requested or obtained. I worry that there may be instances of wrong or unduly harsh cancellations without due regard to the facts and backgrounds of the individual’s circumstances.

The rules also provide for the cancellation of leave where the applicant no longer meets the requirements of Appendix EU. Pre-settled status granted under these Rules is in no means a guaranteed route to settlement, it is now not guaranteed a person can retain pre-settled status to acquire the opportunity to apply for settled status. For example, a family member may cease to be a family member during the pre-settled status grant but cannot in any other way retain their status, they would find their leave cancelled and will need to investigate other routes to acquiring leave under the Rules or apply on human rights grounds to remain in the UK.

Additionally, a person could acquire an Appendix EU Family Permit to join an EEA citizen in the UK but could find that permit cancelled at the border based on adverse conduct after Brexit occurs but before they travel. There are particular concerns of poor decision making at the border. The time pressures of border control do not provide the optimum conditions for reasoned, thoughtful decision making. Entering the UK with a past adverse record of conduct, however minor, is not guaranteed.

We, the Legal Centre, have always been stressing that the British citizenship would have been a much better option, and therefore we can help you at any time now. All you need to to is to book your initial consultation with us via https://www.legalcentre.org/Initial-Consultation.html

 

 

[British Lawyer]

12 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> The 2 Years Post Study Work Visa will be available again, apparently : https://www.gov.uk/government/news/worlds-largest-genetics-research-project-to-fight-deadly-diseases-and-offer-new-offer-for-international-students

The news in 1 sentence:

“The Post Study Work Scheme will allow students to work in the UK for the employ-er of their choice for up to 2 years”.

The two-year Post Study Work Visa will be re-introduced, apparently. Multiple statements, from the Prime Minister, the Business Secretary, the Department for Education and, last and least, the Home Office have been released announcing the resurrection of a visa originally introduced in 2004 and killed off by Theresa May in 2012.

As background, the earliest incarnation of the post study work visa was the Science and Engineering Graduates Scheme in 2004, when the visa was limited to graduates in certain subjects and a 12-month post-graduation period of work was permitted. A similar scheme was trialed across all subject areas in Scotland from 2005 as the Fresh Talent: Working in Scot-land Scheme, back in the days when regional immigration policy was permitted. The period of work permitted was extended to two years. The scheme was judged a success and rolled out across the UK in 2007 as the International Graduates Scheme, but offering only a 12 month post-graduation period in which work was permitted. It was then absorbed into the Points Based System from 2008 as the Tier 1 (Post Study Work) visa. A more limited six-month form of the post-study work visa was reintroduced recently.

The date of implementation is not entirely clear yet, but the announcement suggests it will be available to students starting in the next academic year, September 2020. It is unknown whether current students already on courses in the UK will also benefit from the rule change. It is a shame that space could not be found for the measure in the formal Statement of Changes to the Immigration Rules was dropped just two days ago, which would have provided clarity and certainty to all concerned.

The return of the Blair-era drive to recruit foreign students and acknowledgment that there is stiff international competition to attract them has, unsurprisingly, been welcomed by universities themselves. Alistair Jarvis, Chief Executive of Universities UK, is quoted in the press release as saying:
“This is very positive news. Evidence shows that international students bring significant positive
 social outcomes to the UK as well as £26 billion in economic contributions, but for too long the lack of post-study work opportunities in the UK has put us at a competitive disadvantage in attracting those students.”

The introduction of a two-year post-study work visa is something Universities UK has long campaigned for, and we strongly welcome this policy change, which will put us back where we belong as a first choice study destination. Not only will a wide range of employers now have access to talented graduates from around the world, these students hold lifelong links in the UK.

An estimated 14% of all university income is from the substantial fees paid by foreign students. Not only that but foreign students contribute considerably to the wider economy when they live in the UK, provide a potential talent pool from which employers can recruit and offer potentially huge ‘soft power’ influence to the United Kingdom in the future.

Foreign students fell out of favor under Theresa May for two reasons. Firstly, the insane net migration target meant that any migrant, even an otherwise highly desirably one, became undesirable. May herself said in 2011 when announcing the scrapping of post study work visas:

“The package of measures that I have outlined today is expected to reduce the number of student visas by between 70,000 and 80,000—a reduction of more than 25%—and it will increase the outflow of foreign students after they have concluded their studies.”

The scrapping of this visa was closely associated with May herself and Ministers have been scrambling to dissociated themselves from it. The previous Home Secretary himself, Sajid Javid, who was until recently nominally in charge of immigration policy, has tweeted that it is ‘About time. Should have reversed this silly policy years ago.’ Jo Johnson was known to have championed re-introduction of the visa before he quit his brother’s government last week:

“About time. Should have reversed this silly policy years ago. Britain should always be open to the best talent from across the world. https://t.co/sAx1BIFSIR
— Sajid Javid (@sajidjavid) September 10, 2019”

The second reason for the fall from grace of this group was that the Home Office wrongly thought that loads of foreign students were overstaying their visas. In fact, the latest evidence is that a tiny percentage do so. With the adjusted data, there was really no rationale for driving numbers down.

Finally, it seems noteworthy that a range of government departments are being associated with the announcement. Even the Department for Education is in on the act. Is this a sign that immigration policy is no longer driven entirely by the Home Office? Let us hope so. Those hoping for a relaxation of the incredibly harsh family immigration rules may be dis-appointed, though. Foreign students are relatively popular in opinion polling. Migrant family members are not. The timing of this announcement, just after a Statement of Changes to the Immigration Rules which could have implemented the policy and at a time when Conservative electoral strategists must be searching around for a way to make the government seem more liberal, certainly points to this being about positive polling rather than good governance.

>>> UKVI update: Family members of points-based system migrants: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiq0qKR7sjkAhUtQkEAHSraAt8QFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F830320%2Ffamily-members-of-pbs-migrants-v17.0.pdf&usg=AOvVaw1oH4MyYD-jTpgSKkTiw2ch

This version replaces the ‘Dependant family members of points-based system migrants and Appendix W Workers version 16.0’ which has been withdrawn and archived. It covers minor technical changes.
 
>>> UKVI update: Family life (as a partner or parent), private life and exceptional circumstances: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwj3m4-37sjkAhWLecAKHdxNDRcQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F826902%2F5-and-10-year-partner-parent-private-life-and-exceptional-circumstances-v1.0-ext.pdf&usg=AOvVaw2Y7LjI1x7fBxnC5C2gHu6E

Minor update to amend LTR requirements to mirror rules.

>>> UKVI update: First-tier Tribunal bail: completing the bail summary: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwj-nq_c7sjkAhXHTcAKHfF8A3AQFjAAegQIAhAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F830613%2Ffirst-tier-tribunal-bail-completing-the-bail-summary-v5.0-ext.pdf&usg=AOvVaw1lwusNYxSoTYX3ahY81Y5I

Amendments have been made to some of the wording in the Standard paragraphs when op-posing bail section.

[British Lawyer]

13 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> All UK BA news, in one place: https://www.gov.uk/government/latest?departments[]=uk-visas-and-immigration

>>> Lack of accommodation does not prevent claim for unlawful detention: https://www.bailii.org/ew/cases/EWHC/Admin/2019/2351.html

In DM (Tanzania) v Secretary of State for the Home Department [2019] EWHC 2351 (Admin), the High Court ruled that the lack of accommodation for foreign national offenders cannot be a defence in a claim for unlawful detention.

[British Lawyer]

16 September 2019 – 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)7791145023 (WhatsApp/Viber)

 

>>> Will the UK BA accept all English language tests from an approved provider?

 

From the UK BA: https://www.gov.uk/government/publications/guidance-on-applying-for-uk-visa-approved-english-language-tests

 

“No. Any tests taken from 6 April 2015 must be on the approved SELT list. You can take IELTS or Trinity tests for many reasons at different centres but only those IELTS and Trinity tests specified for immigration use and taken at an approved centre can be used as part of an application for immigration purposes.

 

You should take care when booking your test to ensure that the test that you book is the one approved for SELT:

 

• for IELTS, ensure that you choose ‘IELTS

for UKVI’ rather than ‘IELTS’;

 

• for Trinity, ensure that you choose ‘Secure

English Language Tests for UKVI’.”

 

[British Lawyer]

19 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Document reduction pilot

Beginning the 16 September 2019 the UKVI has launched a document reduction pilot for Settlement Appendix FM Spouse and Partner applications submitted at 6 VACs in India (New Delhi, North Mumbai, South Mumbai, Jalandhar, Chandigarh and Ahmedabad).

UKVI has confirmed as follows:

1. That they want to ensure this pilot runs as smoothly as possible and involves all parties so they are proposing that it is run in 2 phases starting from 16 September. Phase 1 will trial the pilot in the 6 Indian VACs mentioned above before they extend it out to other locations.
2. That the pilot won’t stop customers submitting additional evidence if they want it to be considered. UKVI will be asking their Commercial Partners to relay to customers that the quantity of relationship documentation isn’t required by UKVI and giving them guidance on what they may like to submit to satisfy what UKVI want to see, remembering that there is no specified evidence requirements when submitting relationship evidence. But if a customer insists on submitting thousands of photos and conversations, then they won’t stop them from doing so.
3. Phase 1 of the pilot is expected to run for around 8 weeks before being evaluated, at which point consideration will be given to extending the pilot before any recommendations are made to make it permanent.
4. With regards to evaluating the pilot UKVI intend to capture data in regards to the conversations that have taken place with customers and what documentation is then submitted, evalu-ate that and evaluate both the customer experience from feedback requests as well as the operational decision making impact.
5. With regards to anticipated next steps the trial will be phased with incremental increases before proposals to make this permanent are considered in 2020.

The text of the notice produced by UKVI for use by the VACs is as follows:

“Scanning documents provided to support Appendix FM Spouse/Partner visa applications

Customers often tell us that it is difficult to be sure which documents to provide in support of a settlement visa application. This can often lead to far too many documents being brought to the visa application centre to be scanned.

With immediate effect, we have instructed our commercial partner, VFS not to scan all documents provided in support of:

- Appendix FM spouse (where the sponsor is in salaried employment and non-salaried employment in the UK) and;
- Appendix FM partner (where the sponsor is in salaried employment and non-salaried employment in the UK) visa applications and;
- Children under the age of 18 years who are applying at the same time as the main applicants as described above.

The documents we will NOT accept are:

• Money Transfers
• Greeting Cards
• Phone Cards
• Letters from friends
• Call Logs
• Wedding Receipts/Invitations
• USB/DVD’s
• Newspaper Clippings

We will only accept a limited number of pages of the following documents:

• Chat history (WhatsApp and social media) - If you wish to submit copies of chat history, you are strongly advised to submit no more than 10 A4 pages of chat. The chat history should demonstrate your relationship over a period of time.
• Photographs - You are strongly advised to submit no more than a total of 10 photographs. You can include photographs from your wedding and/or a range of other photographs sup-porting your relationship over a period of time.

These are the documents that customers most commonly send us. It is not compulsory for you to provide any of these documents. If we need any further information to decide your visa application, we will contact you direct by phone or email.”

>>> CJEU: expulsion of family members who lose right of residence must still comply with EU law: http://curia.europa.eu/juris/documen...1&cid=14628768

The Court of Justice held that a person who had previously been a qualifying family member under Directive 2004/38 but had later lost that status could only be expelled in compliance with Articles 27 and 28. Further, the automatic ban on re-entry was not permitted:

“the expulsion decision that may be made in the case in the main proceedings cannot, under any circumstances, impose a ban on entry into the territory.”

The judgment in Chenchooliah therefore requires a serious rethink on the treatment of family members who have lost their EU law residence rights. The same applies to recognised extended family members. The arguments against expulsion are in fact far broader than previously understood and in the UK go far beyond the very limited provisions at paragraph 276ADE of the Immigration Rules. The UK re-entry ban rules do not on the face of it breach EU law as clearly as do the Irish rules but there is an argument to be had there should a family member seek return after removal.

[British Lawyer]

20 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> UKVI update: Judicial reviews and injunctions: https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwj6tfaTut3kAhUGExoKHeO6DJsQFjAAegQIAhAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F709719%2Fchapter-60-judicial-reviews_v15.0.pdf&usg=AOvVaw0oVkp9IsTwaFCtIGAKt2N3

 

Guidance on arranging removals for officers dealing with immigration enforcement matters within the UK.

Changes from last version of this guidance

 

New paragraph in section Third country and non-suspensive appeal (NSA) cases to clarify that a second notice period must be given if, after an asylum claim is certified, a subsequent human rights claim is separately certified.

Section heading level adjusted for ‘Third country and non-suspensive appeal (NSA) cases’ and ‘Special arrangements (including charter flights)’ to show they are not part of section Cases where the removal window should not be used.

[British Lawyer]

23 September 2019 – 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)7791145023 (WhatsApp/Viber)

>> Upper Tribunal: no reason to change Sudan country guidance: https://www.bailii.org/uk/cases/UKUT/IAC/2019/282.html

The Upper Tribunal in AAR & AA (Non-Arab Darfuris – return) Sudan [2019] UKUT 282 (IAC) has rejected a Home Office attempt to resume returns of non-Arab Darfuris to Sudan. The tribunal upheld its previous guidance, reaffirming the position that all non-Arab Darfuris are at risk of persecution in Sudan, and internal relocation to Khartoum is not an option.

The tribunal allowed both appeals on asylum grounds, ignoring previous adverse credibility findings relating to the appellants’ accounts of treatment in Sudan.  This is because non-Arab Darfuri asylum claims are based solely on ethnicity. Once this ground has been made out, everything else is irrelevant and they should be granted refugee status on that issue alone.

 

 

[British Lawyer]

24 September 2019 – 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)7791145023 (WhatsApp/Viber)

>> Immigration Bill back on as the Supreme Court recalls Parliament

Earlier today the Supreme Court handed down its judgment on whether the Prime Minister suspending Parliament for five weeks at a crucial time in the Brexit saga was legal.

So the Immigration Bill is back. Prorogation, the particular form of suspension used, meant that it and most other pending legislation died on the vine and would have to start from scratch when Parliament returned. The effect of the Supreme Court finding that the prorogation was never legally valid is that these bills are actually alive and kicking, according to assorted experts on parliamentary procedure.

The main purpose of the bill is to formally end the free movement rights of EU citizens. However, even if the bill is passed any time soon, this element will not be implemented for some time. After much fuss about nothing over the summer, the government has confirmed that free movement rules will remain largely in place until at least 2021.

The bill also guarantees the unique rights of Irish citizens, explicitly exempting them from the need to have leave to enter or remain in the UK.

[British Lawyer]

25 September 2019 – 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)7791145023 (WhatsApp/Viber)

>> >  The current Home Office guidance on permission to work and volunteer for asylum seekers: https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction

Changes since the last version of the guidance:

•    updated to include reference to criminality and delay when considering permission to work applications
•    improved guidance on applying for permission to work to provide clarity for claimants on what is expected
•    updated information about the difference between working for a voluntary organisation and volunteering to make clearer that asylum seekers are able to volunteer
•    new guidance template applied, and section and paragraph numbering removed in line with guidance requirements
The new section on volunteering is considerably clearer than the old version.

 

 

[British Lawyer]

26 September 2019 – 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)7791145023 (WhatsApp/Viber)

>> >  Court of Justice finds that self-employed women have maternity rights: http://curia.europa.eu/juris/document/document.jsf;jsessionid=0A5397EAB01B564BCBF0A908AA87FB76?text=&docid=217904&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=15295724

The Court of Justice of the European Union has had to find that self-employed EU citizens retain rights of residence during their maternity period. Why on earth the government of the United Kingdom tried to argue they did not is one of those mysteries to which we’ll probably never know the answer. Particularly when the outcome of the case — C 544/18 HMRC v Dakneviciute — seemed legally inevitable and Brexit has highlighted the need for security of residence rights for women.

[British Lawyer]

27 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Possible upcoming changes in the UK Visa Application process:

The Home Office has recently said that they would like to move away from requiring biometrics and document uploading for every stage once a document has been viewed once in a previous application

>> >  Appellant can remain in UK to pursue EEA appeal even if lodged abroad:

Of course, if the appellant can get back in. The case is Isufaj (PTA decisions/reasons; EEA reg. 37 appeals) [2019] UKUT 283 (IAC). There is no right of admission but if admitted the appeal can be pursued from within the UK. Why the case gets reported for that when it was uncontentious — and some would say obvious — is a bit of a mystery. The other point on which the case is reported could be dealt with by an internal memo. The official headnote:

“(1) Judges deciding applications for permission to appeal should ensure that, as a general matter, there is no apparent contradiction between the decision on the application and what is said in the “reasons for decision” section of the document that records the decision and the reasons for it. As was said in Safi and others (permission to appeal decisions) [2018] UKUT 388 (IAC), a decision on a permission application must be capable of being under-stood by the Tribunal’s administrative staff, the parties and by the court or tribunal to which the appeal lies. In the event of such an apparent contradiction or other uncertainty, the par-ties can expect the Upper Tribunal to treat the decision as the crucial element.

(2) Although regulation 37(1) of the Immigration (European Economic Area) Regulations 2016 provides that a person may not appeal under regulation 36 whilst he or she is in the United Kingdom, where the decision in question falls within regulation 37(1)(a) to (g), once the appeal is instituted by a person who is then outside the United Kingdom, there is no statutory prohibition on the appeal continuing if the person concerned thereafter is physically present in the United Kingdom. It will, however, be for the Secretary of State to decide whether to give that person temporary admission for the purpose of attending an appeal hearing, since regulation 41 does not apply to such cases.”

>>> UKVI update: Family life (as a partner or parent), private life and exceptional circumstances: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjhmsTV6O7kAhWQmBQKHSiyBz0QFjAAegQIARAB&url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Ffamily-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance&usg=AOvVaw0kB700rK_YDFGDFnWYSliZ

How UK Visas and Immigration staff consider claims on the basis of family life, private life, or exceptional circumstances.

"Changes from last version of this guidance
Minor update to amend LTR requirements to mirror rules."

>>> UKVI update: Nationality policy: Naturalisation as a British citizen by discretion: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwi6p76r6O7kAhUPmRQKHTuPCIQQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F792970%2Fnaturalisation-as-a-british-citizen-by-discretion-v3.0ext.pdf&usg=AOvVaw1P6RBdxCJenOCkAjqy5UjX

Guidance on applications for naturalisation as a British citizen.

"Changes from last version of this guidance

Temporary admission has been replaced by immigration bail. Changed “temporary admission” to “immigration bail”.

Clarified that spouses and civil partners of British citizens in the armed forces should be considered under the criteria for spouses and civil partners of Crown servants."

[British Lawyer]

30 September 2019 – 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)7791145023 (WhatsApp/Viber)

>>> The status of EU immigration and asylum law after Brexit

The government’s stated aim is to leave the EU, with or without a deal, on 31 October 2019. If there is a deal, there will be a transitional period. During this time nothing will change and EU law will continue. Under the deal negotiated by Theresa May, that period would last until 31 December 2020. The period under any deal negotiated by Boris Johnson is likely to be the same or similar.

The more pertinent question, given that very little progress has been made towards concluding a deal, is what happens if there is a no-deal Brexit?

The UK will leave the EU by automatic operation of law on 31 October 2019. The Benn Act requires the Prime Minister (whoever that may be at the time) to seek an extension from the EU to 31 January 2020 if a deal has not been approved by Parliament before 19 October 2019.

Boris Johnson has suggested he will not comply with this Act. In any case, complying with the Act would not prevent no deal; merely delay it until January.

So what exactly is the status of EU immigration and asylum law in the UK after no deal?

EU free movement law after Brexit

The date the UK leaves the EU is referred to in Brexit legislation as “exit day”. Various things happen automatically on exit day.
Firstly, under section 2 of the European Union (Withdrawal) Act 2018, all UK legislation derived from EU law continues to have effect. This includes, for example, the Immigration (EEA) Regulations 2016 — the legislation that implements EU free movement law in the UK.

Directly effective EU rights, including those in the Free Movement Directive, also become part of UK law automatically on exit day (under section 4 of the Act). Where the EU legislation concerned is a directive, as is the case with much of the detail of free movement law, only rights which have been recognised by the Court of Justice of the EU prior to exit day become part of UK law. The supremacy of EU law continues in relation to pre-Brexit law so, as is the case now, where the 2016 Regulations and rights recognised under the Free Movement Directive are in conflict, the directive prevails (needless to say, the supremacy of EU law does not apply to post-Brexit UK law). As such, very little changes overnight on exit day.

That being said, from exit day onwards all this “retained EU law” can be changed in future by the UK Parliament, without any limits being imposed by EU law. So we will have to keep track of any amendments made.

What we already know is that on exit day the 2016 Regulations will be amended by legislation passed back in March 2019 by Theresa May’s government. One of the main ones is to abolish the rules on deporting EU citizens and replace them with a system more favourable to the Home Office.

Other changes will be made by the Immigration and Social Security Co-Ordination (EU Withdrawal) Bill. This bill has been revived recently following the Supreme Court’s decision to quash the prorogation of Parliament. Schedule 1 contains a list of EU immigration laws that would be repealed once that bill is passed and comes into force, which includes the 2016 Regulations.

EU asylum law after Brexit

Due to the Common European Asylum System, Brexit will also affect those claiming asylum in the UK.

Asylum law is based on a variety of international, European Union and domestic legislation.  The international law — the Refugee Convention and the European Convention on Human Rights (ECHR) — will not be affected by Brexit. Despite the name, the ECHR is not an EU treaty. Domestic legal provisions — such as the asylum section of the Immigration Rules — will also remain substantially unchanged.

The EU law — namely the Qualification Directive and Procedures Directive — and EU-derived domestic law such as the Refugee of Persons in Need of International Protection (Qualification) Regulation 2006 which implement the Qualification Directive in the UK will become retained EU law on exit day in the same way as the 2016 Regulations.

The Qualification Directive and the UK regulations implementing them outline the criteria for determining asylum clams. However, as they are based on international treaties such as the Refugee Convention and ECHR which will remain unchanged by Brexit, the underlying law is unlikely to change substantially even if they are repealed after Brexit.  

Some asylum legislation has already been earmarked for immediate repeal on exit day by those March 2019 regulations mentioned earlier. Anything which is not included in these regulations will become retained EU law and remain in place, until amended or repealed after Brexit.
An important example of legislation which will be repealed on exit day is the Dublin III Regulation. This is the piece of EU law which allows the UK to return asylum seekers to an EU country they passed through on their way to the UK. It is marked down for immediate repeal because it is meaningless without cooperation of other EU member states. Under transitional provisions, some parts of the Regulation will continue to apply to requests for family reunion which have been made, but not decided, before Brexit. However, for most purposes, the Regulation will no longer be part of UK law.   

For a full list of the asylum-related EU legislation which will be revoked on exit day see here: http://www.legislation.gov.uk/uksi/2019/745/schedule/1/part/2/made Again, there may be more such changes in future, but anything not explicitly repealed is kept in force.

EU case law after Brexit

Case law refers to the decisions of courts and tribunals interpreting and applying legislation and common law rules. It often clarifies the meaning or effect of legal provisions and is frequently used by lawyers to support a particular interpretation or application of the law. Such cases set precedents that become part of the law, meaning that the same issue does not need to be litigated over and over again.

The Court of Justice of the European Union interprets and applies EU law. Its judgments are binding on UK courts (and, despite its habitual reluctance, the UK government).

This will end after Brexit. UK courts will not be bound by future Court of Justice decisions after exit day and will not be able to refer questions of EU law to that court.

UK courts “may have regard” to Court of Justice case law handed down after Brexit (and post-Brexit EU legislation, in fact) if they want. But they do not have to. It is essentially up to UK judges to decide if, and to what extent, certain provisions of EU law are to apply in the UK after Brexit. So to know which new EU cases are relevant to UK immigration law, we will have to keep an eye on the UK case law. They will not be automatically relevant, as they are now.

If a helpful Court of Justice case is handed down, lawyers can highlight this and seek to persuade the UK court or tribunal to follow it; in the same way that a Scottish lawyer might highlight a non-binding decision of an English court with a view to having it followed in the Scottish courts (or vice versa).  

What about Court of Justice case law from before Brexit? This will apply when interpreting retained EU law, and all lower courts are required to follow it.

However, the Supreme Court can depart from this pre-Brexit case law if it wishes. This can be done in the same way that the Supreme Court can depart from its own case law i.e. when in the circumstances of the case “it would be right for it to do so”.  For instance, when adhering to a previous decision “would produce serious anomalies” or other “plainly unsatisfactory” results; when there has been “a fundamental change in circumstances”; or when there is experience showing that the previous decision has resulted in “unforeseen serious injustice” (see Austin v Mayor and Burgesses of the London Borough of Southwark [2010] UKSC 28 at paragraphs 24 to 26 for further details). The test for departing from Court of Justice case law after Brexit will be the same.

[British Lawyer]

01 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Restricted Certificates of Sponsorship  (RCoS) applications made by 5 October can invoke the new Shortage Occupation List

The Immigration Rules are due to change on 6 October 2019, as heralded by statement of changes HC 2631. One particularly notable change will be the amendment of the Shortage Occupation List, with many roles being added to the list and some removed.

One advantage of a role being on the Shortage Occupation List is that no Resident Labour Market Test is required when advertising it. Generally, if an employer wants to sponsor a non-European worker for a Tier 2 work visa, they must first advertise the vacancy and demonstrate that there were no suitable settled workers. Roles on the shortage list do not come with this requirement, significantly lessening the administrative burden for sponsors.

Another big advantage of a role being on the list is to do with ‘Restricted Certificates of Sponsorship’ (RCoS). With some exceptions, an RCoS is required if an employer wants to sponsor a worker who requires entry clearance and is coming from abroad (or a dependent of a Tier 4 migrant who requires leave to remain and is switching to Tier 2). There is a monthly quota for RCoS, and a sponsor needs to submit an application by the 5th of each month to be considered in that month’s allocation. Roles on the shortage list get a boosting in the scoring system used to award RCoS — again making it better for employers to have the role being recruited for including on the list.

The shortage list is to expand on 6 October. Sponsors have to make their October RCoS applications by the 5th of October with a decision normally around the 12th.

A sponsor can therefore apply for a role which they know will be on the shortage list from 6 October, even though it isn’t when they actually apply. They do not have to wait until November to rely on the new list. So all’s well that ends well.

[British Lawyer]

03 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> How much does the Sopra Steria VIP biometric enrolment around London cost ?

From the Home Office, September 2019:

“The total cost of the requested VIP service for one person for post code in London is £ 5525.00”.

Other areas in the UK could be more expensive.

>>> CJEU: Child self-sufficient if supported by parent working without work permit: http://curia.europa.eu/juris/document/document.jsf?text=&docid=218484&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1619761

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C 93/18 Bajratari.

The case involved an Albanian family living in Northern Ireland where the father and husband had held a residence card enabling him to work. He had ceased to meet the requirements for that card but it had not been revoked and he had carried on working. He continued to do so even after it did eventually expire.

The Court of Justice held:

“...a Union citizen minor has sufficient resources not to become an unreasonable burden on the social assistance system of the host Member State during his period of residence, despite his resources being derived from income obtained from the unlawful employment of his father, a third-country national without a residence card and work permit.”.

Каждый день приносит хорошие новости клиентам Legal Centre

Сегодня очередная клиентка из Украины получила EU Settled Status (ILR, Indefinite Leave to Remain) на основании брака с гражданином Евросоюза.

Я помогал этой клиентке приехать в Великобританию, продлить ее визу и теперь - получить ILR.

Я работал с клиенткой по принципу общего сопровождения: https://www.legalcentre.org/Obshee-soprovozdenie.html

Результат не заставил себя ждать – заявление рассмотрели довольно быстро.

Я помог десяткам тысяч других клиентов, и я могу помочь Вам.

Вы можете записаться на телефонную/online консультацию со мной, Антоном Ковалем, 24 часа в сутки: https://legalcentre.org/Konsultacija-s-Advokatom.html

Антон Коваль
Legal Centre
+44(0)7791145923 (Mob/WhatsApp/Viber)
+44(0)3300010342 (Office)
www.legalcentre.org

[British Lawyer]

04 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Did you know that, when it comes to determining settled status eligibility of non-EU spouses of EU citizens, the Home Office considers the beginning of the marriage as the beginning of the residency, completely disregarding time previously spent lawfully residing in the UK?

Unfortunately, that is how it works. The EU Settlement Scheme considers the qualifying time of a non-EU spouse to begin once the family relationship with their EU citizen sponsor is established (i.e. at the point of marriage).

This mirrors the way the non-EU spouse would be treated under the Free Movement Directive / EEA Regulations; the journey to permanent residence begins at the point of marriage. Under EU law, the non-EU citizen cannot derive any residence rights until they be-come a family member.

The EU Settlement Scheme takes the same approach, disregarding a person’s lawful UK residence (for example, time spent as a Tier 2 worker) before they became a family member. Surprisingly, this does not offend current EU law principles.

MAJOR UPDATES - VARIOUS UK BA GUIDANCES

>>> EU Settlement Scheme caseworker guidance: https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance

"Changes from last version of this guidance
Amendments have been made to reflect the changes to Appendix EU made in Statement of Changes in Immigration Rules: HC 2631, laid on 9 September 2019.
A new section has been added on multiple applications."

>>> EU Settlement Scheme: family and travel permits: https://www.gov.uk/government/publications/eu-settlement-scheme-family-permits

Guidance for entry clearance officers on how to assess and decide applications for EU Settlement Scheme family and travel permits made under Appendix EU (Family Permit) of the Immigration Rules.

This guidance is updated to include:

•    the EUSS travel permit
•    new eligibility requirements for EUSS family permit applications where the relevant EEA citizen is an Irish citizen or a relevant naturalised British citizen
•    the requirement to evidence parental dependency for an EUSS family permit where the relevant EEA citizen is under 18
•    new suitability provisions in Appendix EU (Family Permit)"

>>> UKVI update: Applying for a UK visa: approved English language tests (1 October 2019): https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=2ahUKEwjEvb-70oDlAhVABGMBHYwsASkQFjACegQIAhAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F823155%2FApproved_Secure_English_Language_Tests_and_Test_Centres_-_Website.pdf&usg=AOvVaw0MFoUhjI5Og0PcYs9bDjgT and https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjN9M7L0oDlAhWxAWMBHYeXCPkQFjAAegQIAhAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F834327%2F2019-10-01_-_Approved_secure_English_language_tests.pdf&usg=AOvVaw3gSCUnzKtTX1m9tWfwd7Go

Added the approved secure English language tests. Updated the list of approved tests and providers.

>>> UKVI update: Knowledge of language and life in the UK (1 October 2019): https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjKlYDk0oDlAhXWA2MBHfVBBJsQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F834967%2FKoLL-v22.0-ext.pdf&usg=AOvVaw0POSRclro-tmXOZQF-qjx9

Changes to reflect the changes to the Immigration Rules and Nationality Regulations which went live on 1 October 2019."

>>> UKVI update: Indefinite leave to remain: calculating continuous period in UK (1 October 2019): https://www.gov.uk/government/publications/indefinite-leave-to-remain-calculating-continuous-period-in-uk

Changes from last version of this guidance

This version:

•    adds the exemption for Tier 2 (General) applicants in PhD occupations who have conducted research overseas
•    adds minor clarifications and corrections"

>>> Tier 1 (Exceptional Talent)
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiFxK2i04DlAhUeA2MBHT5bCTQQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F791803%2FT1__ET__Guidance_03_2019.pdf&usg=AOvVaw15Nip7m74-CxuwRzyBjZ_

- and

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwici_PJ04DlAhWNnhQKHWxABSEQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F835472%2Ftier-1-exceptional-talent-v19.0ext.pdf&usg=AOvVaw1HTQG7u0b-wDe6TklU-4dw

Policy and Guidance update to address the changes in the Rules from 01 October 2019

>>>  English language requirement:family members under Part 8, Appendix FM and Appendix Armed Forces: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjX0aT104DlAhUeA2MBHT5bCTQQFjAAegQIARAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F826360%2FIDI-English-language-req-v3.0ext.pdf&usg=AOvVaw3ozR6C2L0sGBDKEyn9HXCR

Changes from last version of this guidance

To reflect the Statement of Changes to the Immigration Rules HC published on 01 October 2019 for the removal of Appendix O: Approved English language tests to the Immigration Rules.

>>> Tier 1 (Investor) of the Points Based System - Policy Guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjG6bCX1IDlAhUMWxoKHRGFBk4QFjAAegQIARAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F790207%2FTier_1__Investor__Policy_Guidance_29_March_release_0319.pdf&usg=AOvVaw1ySFFrs2FDaEsbTN4U-saJ

>>> Tier1 (Entrepreneur) Guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjA1PSu1IDlAhURUhoKHdWlCpwQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F789580%2FTier_1__Entrepreneur__Policy_Guidance_-_0319.pdf&usg=AOvVaw2ctMSyprG8I9axAe5f40tn

>>> DNA Policy Guidance: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwio-4bN1IDlAhWdDWMBHbwBAhAQFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F835508%2FDNA-v3.0ext.pdf&usg=AOvVaw3dazl4yIxoLq8H81VEMMdq

Changes from last version of this guidance

Page 7, the last paragraph was reworded to reflect that it may not always be possible for both parents to provide DNA samples.
Page 17, additional letter templates have been added.
Page 22, a new section has been added on retaining DNA evidence.

[British Lawyer]

07 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Sole responsibility (Children) UK BA Guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/263240/child_gen.pdf

>>> High Court upholds immigration control exemption to personal data rights: https://www.bailii.org/ew/cases/EWHC/Admin/2019/2562.html

Campaigners have lost a High Court case challenging the “immigration exemption” to personal data rights. The judgment is R (Open Rights Group & the3million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin).

>>> New Shortage Occupation List – Appendix K - has been published: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-k-shortage-occupation-list

 

 

[British Lawyer]

08 October 2019 – 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)7791145023 (WhatsApp/Viber)

 

>>> UKVI Update: Tier 4 of the points-based system: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwi-zf23s4rlAhWIA2MBHZ2LCw8QFjAAegQIARAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F825737%2Ftier-4-guidance-v47.0-ext.pdf&usg=AOvVaw1O8sr4WJx1MRvQkY26QpF9

 

>>> Court of Appeal clarified the important points on human rights in immigration cases:

https://www.bailii.org/ew/cases/EWCA/Civ/2019/1630.html

 

In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European Convention on Human Rights.

 

The court outlines six “general observations” about the proportionality test, firing a few warning shots at both the Home Office and at those who seek to rely on private and family life to stay in the UK:

 

1. The Immigration Rules and section 117B must be construed to ensure consistency with Article 8.

2. The Home Office is entitled to outline the weight to be applied to various factors in the proportionality assessment. Courts and tribunals must accord “considerable weight” to the policy of the Home Office, including the policy weightings set out in section 117B. However, to ensure consistency with the Human Rights Act 1998, this section must have injected into it a limited degree of flexibility so that its application always leads to an end result consistent with Article 8.

3. The test for an assessment outside the Immigration Rules is whether a “fair balance” is struck between competing public and private interests. This is a proportionality test. References in the Rules and Home Office policy to a case having to be “exceptional” before leave to remain can be granted must be construed as not imposing any incremental requirement over and above that arising out of the application of an Article 8 proportionality test, for instance that there be some highly unusual or unique factor or feature.

4. The proportionality test is to be applied on the circumstances of the individual case. The facts must be evaluated in a “real world” sense.

5. There is a requirement for proper evidence. Mere assertion by an applicant as to his/her personal circumstances will not necessarily be accepted as adequate if unsupported by documentary evidence.

6. The list of relevant factors to be considered in a proportionality assessment is “not closed”. There is in principle no limit to the factors which might, in a given case, be relevant to an evaluation under Article 8, which is a fact sensitive exercise.

The Home Office is reminded that the correct test is proportionality, not exceptionality. The correct question is not whether there are any exceptional circumstances, but whether a fair balance has been struck between the competing interests. Officials are also reminded the policy outlined in section 117B is not necessarily sacrosanct.

 

The appellant are reminded that cases will always be fact specific. Proper evidence of why the Home Office decision disproportionately interferes with the person’s right to private and family life is therefore needed. Mere assertion will not get you very far. Expert reports — from country of origin experts about the conditions likely to be faced on return, or from a psychologist or psychiatrist about the impact of return on any children or vulnerable adults involved — are invaluable. They help to discharge the obligation to provide “proper evidence”. They are, however, expensive so cannot be obtained by everyone.

[British Lawyer]

10 October 2019 – 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)7791145023 (WhatsApp/Viber)

 

>>> UKVI Update: guidance on application for UK visa as Tier 2 worker: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwi1mePlopHlAhVGCxoKHc92B-EQFjAAegQIARAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F836921%2F2019.06.05_-_MAAP_guidance_FINAL1.pdf&usg=AOvVaw2l4NERpRe3TJ-zMuskbAFT

 

New version of guidance on how to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.

 

>>> UKVI update: new guidance on refusals for false representation: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiey6KRo5HlAhUBzhoKHQj6CU8QFjAAegQIAhAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F837104%2Ffalse-representation-v1.0ext.pdf&usg=AOvVaw1zjmkszLbapWerqCiCx29n

 

The guidance states:

 

“This is the first edition of this guidance. False representation and deception were previously covered in amalgamated guidance on the general grounds for refusal.”

 

>>> UKVI update: English language requirement guidance for Tiers 1 and 2: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwjfn4e9o5HlAhUMxoUKHcqWAroQFjAAegQIARAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F793097%2Fenglish-language-v15.0.pdf&usg=AOvVaw21o5sVDX3YvIFpemRUcaW5

 

Changes made to reflect the removal of Appendix O from the Immigration Rules and changes to the English Language requirements for doctors, dentists, nurses and midwives applying under Tier 2 (General).

 

Namely,

 

“Doctors, dentists, nurses and midwives applying under Tier 2 (General) are exempt from having to meet the English language requirements for visa purposes where they have passed a valid English language test which is accepted by a health professional regulatory body. These are:

 

• General Medical Council

• General Dental Council

• Nursing and Midwifery Council

 

Where an applicant is applying for leave in association with a certificate of sponsorship in one of the following SOC codes:

 

• 2211 – Medical Practitioners

• 2215 – Dental Practitioners

• 2231 – Nurses; and

• 2232 – Midwives

 

You do not need to make any assessment of their English language as this will have been undertaken by their regulatory body as part of their registration.”

 

[British Lawyer]

14 October 2019 – 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)7791145023 (WhatsApp/Viber)

 

>>> Brexit threat to refugee family reunion rights

 

If and when Brexit happens, the UK will no longer take part in the “Dublin” system for transferring asylum seekers from one EU member country to another better placed to handle the asylum claim. A parliamentary committee says today that this will mean “the loss of a safe, legal route for the reunification of separated refugee families in Europe”.

 

The House of Lords EU Committee says that it is “particularly concerned about a potential reduction in the reunion rights of vulnerable unaccompanied children”.

Its report on Brexit: refugee protection and asylum policy: https://publications.parliament.uk/pa/ld201719/ldselect/ldeucom/428/42802.htm warns that the sudden end to the Dublin system that would occur under a no deal exit would leave asylum seekers waiting for transfer to the UK in “legal limbo”.

 

>>> New judicial review and injunctions policy: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=2ahUKEwiw3Nnk8pvlAhWKFxQKHdHaCJ0QFjAAegQIABAC&url=https%3A%2F%2Fassets.publishing.service.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F831851%2Fchapter-60-judicial-reviews_v19.0.pdf&usg=AOvVaw3SDLOyiTj-x1q-fmyRnIGD

 

There are two amendments to version 19.

 

There is a change in the section on “The notice period” at the 1st para at page 14, where under the two bullet points the HO has added: “These notice periods apply to all persons notified of a removal window, whether that is a window of 3 months or a limited notice of removal.”

 

There is additional wording that has been added by the Home Office at the request of Medical Justice as a consequence of their challenge to the removal windows policy. This relates to certified third country cases. Where there is a subsequent certification of a human rights claim a further notice period is triggered of at least 5 working days. The additional wording is at the end of the 3rd para at p.21 and states: “This applies whether or not the person has previously been served with notice of a removal window (and whether or not the removal window is still open), a limited notice of removal, or notice of removal directions.”.

 

[British Lawyer]

15 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> Immigration announcements in the Queen’s Speech

The main elements of the Bill are:

•    Ending the free movement of EU citizens under UK law.
•    The power to align the treatment of EU citizens arriving after January 2021 with non-EU citizens, and to maintain the treatment of EU citizens resident in the UK before exit day.
•    Clarifying the immigration status of Irish citizens in the UK once the free movement rules are removed from UK law.
•    Confirming the deadline for applications to be made under the EU Settlement Scheme.
•    Giving EU citizens and their family members who apply a right of appeal against EU Settlement Scheme decisions.
•    The power to make changes to the current rules for access to benefits and social security coordination for EU nationals.

A right of appeal for EU citizens denied settled status would certainly be welcome. At the moment the only real remedy is administrative review.

The Bill is also said to be “paving the way for a new points-based immigration system”. Priti Patel told the Mail on Sunday over the weekend that migrants will be incentivized to work outside London and the South-East under this system.

The government separately plans to legislate for tougher sentences for foreign criminals who re-enter the UK in breach of a deportation order. A Foreign National Offenders Bill would “increase  the maximum penalty for foreign national offenders who return to the UK in breach of a deportation order”. The briefing does not say by how much, or whether this is really a big problem.

Finally, a Windrush Compensation Scheme (Expenditure) Bill is planned to put the existing system of compensation for wronged Commonwealth citizens on a statutory footing.

This Queen’s Speech is a bit of a pantomime, in the sense that the government has a majority of minus 45 and almost no chance of passing any of this legislation as things stand. But it is quite possible that a general election in the coming months would see the government gain a majority and press on with the measures announced in the speech.

[British Lawyer]

15 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>>Plague of incorrect Biometric Residence Permits causes havoc across education sector

The Tier 4 students have been hit with a plague of incorrectly printed Biometric Residence Permits (“BRPs”) this year. From incorrectly spelt names to incorrect statements of working rights, it is common for sponsors to spot a handful of incorrect BRPs each year. However, one university reports that over 500 incorrect BRPs were issued to its students this autumn.

Institutions are being advised that the BRP errors team have a four-week delay on processing corrections, leaving thousands of students with incorrect working restrictions, or no ability to work, during this time.

Many sponsors wrongly believe that the duty to report an incorrect visa rests solely with the student. This is partly correct in that Points Based System migrants also have a duty to report an incorrect BRP within 14 days of receiving the document. Yet in line with the paragraph 2.9 of the Tier 4 sponsor guidance, a sponsor has a duty to notify the Home Office if “it becomes aware that any of the students it is sponsoring has been granted leave with the incorrect conditions of stay, for instance if they have mistakenly been granted permission to work”.
 
Despite there being a positive obligation on sponsors to report incorrect BRPs, the Home Office, rather unhelpfully, never saw fit to include an option to report the issue under the “drop downs” available on the online sponsor management system.

Until now. The sheer volume of incorrectly issued BRPs this year has led to the following message appearing on the sponsor management system:

“A new migrant activity reporting option has been introduced to SMS. Under ‘Change in student circumstances’ you can now report when a student has been granted incorrect conditions of leave, for instance work permissions, as set out at paragraph 2.9 of the ‘Sponsorship Duties’ guidance document. Please accept our apologies for this omission to date.”

>>> USA New Customer Journey – Appointment Management System (AMS) update

From the VFS:

 “As of 10 October, we have introduced VFS Global’s Appointment Management System (AMS) in the USA.

Some of you may be familiar with the system from other Regions. With AMS, your customers will be able to schedule an appointment, upload supporting documents and purchase value added services on the VFS Global shopping cart directly. This will offer the customer a streamlined online application process.

Because AMS is integrated with AccessUK, we encourage you to use AccessUK instead of Visa4UK here onwards. If you apply with Visa4UK, you will no longer have the option to purchase any services online. The AccessUK portal can be located on the Gov.UK website.

AMS introduces the opportunity for the customer to self-upload documents as a free-to-use option.  From 04 November, assisted scanning packages will be available for sale online if the customer so chooses to have the documents scanned at the Scan Hub. We will send out another announcement with those service prices and inclusions as we get closer to the date.”.

[British Lawyer]

21 October 2019 – 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)7791145023 (WhatsApp/Viber)

>>> UKVI update: using the ‘EU Exit: ID Document Check’ app – iPhone at last: https://www.gov.uk/…/using-the-eu-exit-id-document-check-ap…

From the UK BA:

‘The ‘ID Document Check’ beta app is now available for iPhone 8 and newer models. The app will be available on the iPhone 7 and 7 Plus shortly following an upcoming iOS software update.You’ll need:iPhone 8 or 8 Plus or newer modeliOS 13.1 or newer - to find the software version installed, go to Settings > General, then Aboutat least 120MB of storage space to install the appto be connected to 3G, 4G or WiFiThe app will need access to your phone’s camera. If the app does not request access, please enable access in your settings.’

>>> New EUSS administrative review guidance: https://www.google.com/url…

The document states the following change:

“Following a change to the Immigration Rules the time limit for bringing an application for administrative review is now 7 days where the person is in immigration detention on the date they receive notice of their decision.”

>>> New curtailment guidance: https://www.google.com/url…

This guidance includes a new section on curtailing leave obtained under the EU settlement scheme on pages 24-25.

>>> UKVI update: prosecution under section 2: failure to produce immigration document: https://www.google.com/url…

The document notes the following changes:

• New template
• Updated links
• Housekeeping changes