Перейти к содержанию
Форум «Чемодан» — путешествия, иммиграция, работа за рубежом
British Lawyer

Важные судебные решения и новости для иммигрантов

Рекомендуемые сообщения

02 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Lengthy absences from the UK can put EU settled status at risk

People with pre-settled status, in particular, need to be aware of the absence rules. If they have been outside the UK for more than six months in any 12-month period, they will now only be able to upgrade to settled status if they returned to the UK before 31 December 2020.  

You have been warned.

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

04 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Immigration measures in the 2021 Budget: https://www.gov.uk/government/news/budget-2021-what-you-need-to-know

The UK Government intends to introduece new routes (aka HSMP/Tier 1 (General) and modify the existing route (Innovator, Global Talent etc)

Namely:

"   2.140 High-skilled migration – The government is modernising the immigration system to help the UK attract and retain the most highly skilled, globally mobile talent – particularly in academia, science, research and technology – from around the world. This will drive innovation, and support UK jobs and growth. To do this, the government will:

    • introduce, by March 2022, an elite points-based visa. Within this visa there will be a ‘scaleup’ stream, enabling those with a job offer from a recognised UK scale-up to qualify for a fast-track visa

    • reform the Global Talent visa, including to allow holders of international prizes and winners of scholarships and programmes for early promise to automatically qualify

    • review the Innovator visa to make it easier for those with the skills and experience to found an innovative business to obtain a visa

    • launch the new Global Business Mobility visa by spring 2022 for overseas businesses to establish a presence or transfer staff to the UK

    • provide practical support to small firms that are using the visa system for the first time

    • modernise the immigration sponsorship system to make it easier to use. The government will publish a delivery roadmap in the summer

    • establish a global outreach strategy by expanding the Global Entrepreneur Programme, marketing the UK’s visa offering and explore building an overseas talent network"

Special treatment for fast-growing “scale-up” companies — the evolved form of a “start-up” — was trailed ahead of the Budget and seems to be aimed at financial technology companies specifically. The Kalifa Review of the UK’s offer to fintech firms, published last week and strongly endorsed by the Treasury, recommended:

"A ‘Fintech Scaleup Stream’ within the Global Talent (or proposed Unsponsored) route… Those with a job offer at the required skills level (RQF6) from a recognised UK fintech scaleup would automatically qualify for the Fintech ScaleUp Stream under either the Global Talent, or proposed Unsponsored Route, without the need for third party endorsement. This would be a world-leading offering and would position the UK as the top destination for the most globally talented in the sector."

It sounds as though the government has plumped for making the “scale-up stream” a subset of a new unsponsored route rather than Global Talent. The broader “elite points-based visa” that it would sit within sounds like a reference to the proposed revival of an unsponsored work route, similar to the old Highly Skilled Migrant Programme (HSMP), that was mooted but kicked into the long grass last year. Then again, the requirement for a job offer is an odd fit for an “unsponsored” route, so the one will have to see how this shakes out. Perhaps the one will end up with a halfway house, where the scale-up visa application will require proof of a job offer but the employer won’t need a full-on sponsor licence.

Reviewing the Innovator route is welcome as it has so far been a disaster. Sorting out a visa that overseas entrepreneurs don’t laugh at in disbelief is probably a necessary condition for successfully “marketing the UK’s visa offering” as mentioned in the final bullet point. Likewise, expanding eligibility for Global Talent is a positive step, although it’s only a year since the last “reform” of this route.

Finally, the “new Global Business Mobility visa” sounds like a rebrand of the Representative of an Overseas Business route.

None of this will happen today or tomorrow; the one can expect the changes to be implemented via statements of changes to the Immigration Rules in the usual way.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

08 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents?utm_medium=email&utm_campaign=govuk-notifications&utm_source=a2043c47-6739-42cf-b334-eabc025982b2&utm_content=daily

Amended ‘If you’re in the UK’ section, updating exceptional assurance visa or leave expiry dates to between 1 March 2021 and 31 March 2021.
Updated guidance in the ‘if you intend to stay in the UK’ section.

>>> General information – all British nationals: nationality policy guidance: https://www.gov.uk/government/publications/british-nationals-nationality-policy-guidance?utm_medium=email&utm_campaign=govuk-notifications&utm_source=011a491a-cfcb-42c0-a2c4-c6bf89d18324&utm_content=daily
Updated guidance

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

09 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Policy on fee waivers for entry clearance is unlawful, government concedes

In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful.

The policy is expected to be changed now.

The impending policy change offers a ray of hope. Many applicants have been struggling in a Catch-22 situation for years: unable to enter the UK because of not being able to pay the visa application fee, and unable to get a waiver for the application fee because of being outside the UK. For many people stuck in this situation, the change can’t come soon enough – especially after a year of coronavirus heartache and financial turmoil.

The Home Office hasn’t yet said when the new policy will be published – hopefully soon, given that it has conceded that the current policy (still up on the Home Office website) is unlawful. But it has said that in the meantime, urgent fee waiver applications will be reviewed. Anyone making an application at this stage should submit evidence that they cannot afford the application fee, and evidence that their case requires urgent consideration.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

10 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Can an EEA frontier worker switch into a new immigration category in-country ?

The Home Office has confirmed that frontier workers can switch to other immigration categories in the UK (as long as they meet eligibility requirements of the category they wish to switch into).

The Home Office has also confirmed that if an EEA national holds frontier working status but wishes to travel to the UK for a purpose other than work (for example, a recreational visit) they will be admitted to the UK as a visitor under the Immigration Rules, and not as a frontier worker. It remains to be seen how this policy will be implemented in practice.

 

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

15 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Can an income from the child who has turned 18 be taken into account (UK Spouse visas) ?

Apparently, the answer is "yes":

Appendix FM-SE:

"1(b)

    (ii) income from a dependent child who has turned 18, remains in the same UK household as the applicant and continues to be counted towards the financial requirement under Appendix FM;"

>>> New UK Visa fees: https://www.gov.uk/government/publications/visa-regulations-revised-table

>>> New Graduate route to open from 1 July 2021
 
The new Graduate route will open for applications on 1 July 2021. Eligible students holding a Tier 4 or Student visa valid on or after 1 July 2021 will have the opportunity apply to stay in the UK for 2 years (3 years for doctoral students) to work or seek employment.
 
The UK has also extended the coronavirus concessions for students who so far have been unable to travel to the UK. Students who started their studies in Autumn 2020 will now need to be in the UK by 21 June 2021 to be eligible to apply under the Graduate route. Students starting their studies in January/February 2021 required to be in the UK by 27 September 2021.

>>> IDV app continues to be offered to eligible in-country Students
 
Applicants applying in the UK under the student route, and whose biometrics have been recorded in a previous application, continue be assessed by UK Visas & Immigration (UKVI) for eligibility to use the IDV app. The IDV app is free and enables applicants to submit application information to UKVI without having to book or attend an appointment with UK Visa & Citizenship Applications Services (UKVCAS). Once UKVI have undertaken this eligibility assessment, UKVCAS will contact applicants to inform them either use the IDV app or to book an appointment at a UKVCAS Service Point.
 
The IDV app is currently only being used for eligible Tier 4 applicants in the UK. The IDV app cannot be used for other routes, including all applications for replacement biometric residence cards.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

16 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>>  Government plans to reduce the use of judicial review in immigration cases: https://www.telegraph.co.uk/politics/2021/03/13/exclusive-ban-lawyers-needlessly-delaying-deportation-flights/

The report of the Independent Review of Administrative Law will be published this week and the Justice Secretary will on Thursday set out plans for reducing the use of judicial review in immigration cases, the Telegraph reports.

The paper says that those plans include an end to Cart/Eba judicial reviews of the Upper Tribunal’s refusal to grant permission for an appeal to itself:

    "One plan would see lawyers prevented from launching judicial reviews of Upper Tribunal immigration decisions, bringing the system back in line with previous years.

    A new law will be passed to overturn a 2012 Supreme Court ruling which allowed these cases to be subject to judicial review."

This would be only “the first salvo from the Government in a major crackdown on so-called ‘meritless’ immigration and asylum claims expected in coming weeks”. Previous reports have suggested that the government also wants to restrict migrants’ rights under the Modern Slavery Act 2015 and Article 3 of the European Convention on Human Rights.

Judicial review applications to the UTIAC have fallen every year since 2015/16, from 15,800 then to 5,700 last year.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

23 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Covid-19 advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

This was updated on 19 March 2021 to change the exceptional assurance expiry date to 30 April 2021.

>>> Covid-19: jobs that qualify for travel exemptions: https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules

This was updated on 22 March 2021 with further details about exemptions for essential and emergency work and is on GOV.UK here. This page was also updated on 19 March to exempt aviation and maritime crew from red list country quarantine measures and remove Portugal (including Madeira and the Azores) from the red list.

>>> Entry clearance fees:https://www.gov.uk/government/publications/entry-clearance-fees-ecb06

Information and guidance on handling visa applications made outside the UK published on GOV.UK and archived here. This was updated on 15 March 2021 to add a call out box to explain that the current guidance for the discretion to waive a fee in other cases is being revised and not currently operational, but can still apply.

>>> Public Funds: https://www.gov.uk/government/publications/public-funds

Version 17 of this guidance has been published on GOV.UK. The guidance has been updated to reflect changes arising at the end of the transition period after the UK’s exit from the EU.

>>> Re-entry bans: https://www.gov.uk/government/publications/offender-management

A new version of the guidance 'Re-entry bans' as been published on GOV.UK.

>>>  Three persons win appeals against losing British citizenship

The Special Immigration Appeals Commission (SIAC) has allowed the appeals of three people who were deprived of their British citizenship following allegations that they had travelled to Syria and posed a threat to national security.

Those interested in the details can search for "C3, C4 & C7 v Secretary of State for the Home Department (SC/167/2020, SC/168/2020 and SC/171/2020)".

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

24 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> A man from Belarus who has been in “limbo” since 2003 wins permission to remain in landmark case: https://tribunalsdecisions.service.gov.uk/utiac/2021-ukut-62

In R (AM) v Secretary of State for the Home Department (legal “limbo”) [2021] UKUT 62 (IAC) the Upper Tribunal considered the extraordinary case of a Belarusian man who had been in the UK on immigration bail since 2003.

The official headnote

"A person whose removal from the United Kingdom has become an impossibility in the sense identified by the House of Lords in R (Khadir) v Secretary of State for the Home Department [2005] UKHL 39 cannot be subject to immigration bail (formerly temporary admission). Such “Khadir” Impossibility is, however, a high threshold to surmount.

(2) Applying the four-stage analysis of Haddon Cave LJ in RA (Iraq) v Secretary of State for the Home Department [2019] EWCA Civ 850, an individual who is subject to immigration bail may still succeed in a human rights challenge, based on ending his state of legal “limbo” in the United Kingdom, where the case is of a truly exceptional nature."

>>> No role for Parliamentary reports in immigration appeals: https://www.bailii.org/uk/cases/UKUT/IAC/2021/61.html

The Upper Tribunal has rejected an attempt to put a report by an unofficial grouping of MPs into evidence in an English language testing appeal. The case is DK and RK (Parliamentary privilege; evidence) India [2021] UKUT 61 (IAC) and the official headnote reads:

"(1) Although the Upper Tribunal is not bound by formal rules of evidence, it cannot act in such a way as to violate Parliamentary privilege, whether that be to interfere with free speech in Parliament or by reference to the separation of powers doctrine. The Tribunal cannot interfere with or criticise proceedings of the legislature.

    (2) Courts and tribunals determine cases by reference to the evidence before them and not by reference to the views of others, expressed in a non-judicial setting, on evidence which is not the same as that before the court or tribunal. Indeed, even if the evidence were the same, the court or tribunal must reach its own views, applying the relevant burden and standard of proof."

The issue of Parliamentary privilege was also canvassed recently by the Court of Appeal, in R (Project for the Registration of Children as British Citizens & Anor) v Secretary of State for the Home Department (Rev 1) [2021] EWCA Civ 19.

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

25 March 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> The Home Office piblishes the “New Plan for Immigration”: https://www.gov.uk/government/consultations/new-plan-for-immigration

The Home Office has published a new plan for immigration with the title, somehow both grandiloquent and banal, New Plan for Immigration. It is mainly concerned with asylum and people who enter the UK illegally (those two concepts being subtly mashed together) but there are also some miscellaneous proposals for tweaks to citizenship laws.

Bonus points for “safe and legal” arrivals

At any rate, the strategy is to contrast refugees who have arrived through “illegal” routes with those who have travelled via “safe and legal routes”. The latter are to be treated better than the former, creating a sort of two-tier asylum system.

The safe and legal arrivals may benefit from the following:

    - Indefinite leave to remain on arrival for resettled refugees, rather than five years’ temporary permission leading to ILR as now.
    - A possible tweak to the family reunion rules such that “unmarried dependent children under the age of 21”, rather than under 18 as now, can come to the UK if both their parents are here as refugees already.
    - A bit of extra funding for integration programmes, already announced, “tailored and flexible employment support arrangements” and improved English language teaching.
    - Some chat about reopening resettlement schemes, but with no timetable nor numerical target akin to the “20,000 Syrians in five years” in place between 2015 and 2020.

Punishment of clandestine entrants

By contrast, people who have entered the UK illegally to claim asylum, or who have travelled through a “safe third country” such as France, will be have fewer rights than before.

Rules allowing the Home Office to refuse even to consider an asylum claim where the person has come via a safe third country are already in place but get another airing. Anyone who arrives into the UK illegally – where they could reasonably have claimed asylum in another safe country – will be considered inadmissible to the asylum system, consistent with the Refugee Convention.

There will be a “rebuttable presumption” that people can be returned to EU and other developed countries, and sections 77 and 78 of the Nationality, Immigration and Asylum Act 2002 amended so that people can be removed despite having a pending asylum claim or appeal. This is all academic given that punting asylum seekers to other countries is admitted to be “contingent on securing returns agreements”, which do not exist (but will be pursued).

So instead, people in this position will be punished with a new “temporary protection status” instead of refugee status. This is for people with inadmissible claims but who cannot be returned. It will be a grant of permission to remain in the UK for no longer than 30 months, with no recourse to public funds and “restricted” family reunion rights. They would also be “regularly reassessed for removal from the UK” (a policy that already exists, at least on paper).

There will be an increase in the maximum sentence for entering the UK illegally. The maximum currently is six months, but the document does not say what this would change to. The separate “facilitation” offence of assisting unlawful immigration will now attract a maximum of life in prison, up from 14 years (in reality the average sentence is three and a bit years).

Other asylum measures

Changes to substantive law

There are to be changes to the test for whether someone has a “well-founded fear of persecution”, subject to consultation and the Refugee Convention. People will first have to prove on the balance of probabilities that “they are who they say they are and that they are experiencing genuine fear of persecution”. There will then be consideration of “whether the claimant is likely to face persecution if they return to their country of origin”. This would have to be established on the lower standard of proof of “reasonable likelihood”.

There will also be a statutory definition of “persecution”, in line with the Refugee Convention.

National Age Assessment Board

There are plans for new bureaucracy around age assessments. A National Age Assessment Board will set centralised standards and processes for assigning an age to asylum seekers who claim to be under 18. These would be enshrined in secondary legislation.

There is also to be legislation allowing immigration officers, rather than social workers, to make “to make reasonable initial assessments of age”. The current policy of treating someone as an child unless they seem clearly over 25 may be reduced to 18. Also up for consultation is a “fast-track” statutory appeal process for age assessments to reduce the number of judicial reviews in this area.

Asylum appeals and judicial reviews

There will be a “Good Faith Requirement” for appeals. “Anyone bringing a claim or a challenge in the courts and their representatives will be required to act in good faith at all times”.

There will be a “new ‘one-stop’ process” to incentive people to raise all asylum issues up front:

    "People who claim for any form of protection will be issued with a ‘one-stop’ notice, requiring them to bring forward all relevant matters in one go at the start of the process."

There is one paragraph on bringing back some form of fast-track asylum appeals, but no details.

On the judicial review front, the Home Office is “considering” (so presumably will consult on) making people who lose judicial reviews pay some of the Home Office’s costs. Tribunal judges may also get additional powers to make wasted costs orders “in response to specified events or behaviours, including failure to follow the directions of the court, or promoting a case that is bound to fail”.

Also under consideration is requiring medical and other experts to be drawn from a state-approved panel. This is, I kid you not, with a view to “putting the independence of the experts beyond question”.

Removals

Also in the mix are some bits and pieces on removing people from the UK. Perhaps the most eye-catching is an attempt to blackmail other countries into taking their citizens back:

    "We also expect our international partners to work with us on facilitating the return of their own nationals back to their country where those nationals have no lawful right to remain in the UK. We will seek to use the range of levers we have to improve returns co-operation, including considering whether to more carefully control visa availability where a country does not co-operate with receiving their own nationals who have no right to be in the UK."

Existing powers to remove asylum support from people who fail to comply with attempts to remove them will be enforced (no doubt triggering a wave of human rights challenges).

The scheme under which someone can be let out of jail early if they leave the UK will be adjusted. The early release window will be increased from 9 months to 12 months at the end of the sentence, subject to the person serving out at least 25% of their overall sentence.

Finally, the maximum sentence for a foreign national offender who returns to the UK in breach of a deportation order will be increased from six months to five years. This will of course have the effect of keeping such people in the country for longer when the whole point is to get rid of them.

Tweaks to British nationality law

Finally there are to be some changes to nationality law. This has nothing whatever to do with the main themes of the policy statement.

The nationality measures mostly concern niche scenarios (nevertheless very important to those affected). One is where someone is unable to inherit British citizenship from their father because their mother is still married to someone else, in which case the law deems the husband to be the parent for citizenship purposes. Such children will in future be entitled to register as British, rather than registration being at the discretion of the Home Office.

Children of British Overseas Territories citizens who did not inherit that citizenship because of discriminatory rules (e.g. against unmarried fathers) will also get new routes to citizenship via registration. Such routes were introduced in respect of full British citizens years ago — sections 4C and 4F of the British Nationality Act 1981 — and these are essentially being extended to British Overseas Territories citizens too.

As a general backstop, there will be a “new discretionary adult registration route”. This will allow adults, not just children, to get citizenship at the discretion of the Home Office “in compelling cases”. The existing equivalent for children is section 3(1) of the 1981 Act.

There will be more flexibility introduced on the residence requirements for citizenship, essentially in response to this case: https://www.theguardian.com/uk-news/2021/mar/05/windrush-victim-denied-uk-citizenship-home-office-admitting-error-trevor-donald

However, officials think that the route to citizenship for stateless children — paragraph 3 of Schedule 2 to the 1981 Act — is being abused. As a result, there will be extra “requirements and actions parents are required to follow before their children are able to benefit from statelessness provisions”.

Consultation

A consultation on many of the proposed measures will run until 6 May 2021. The consultation had not opened at time of writing but is supposed to later today on a dedicated website, https://newplanforimmigration.com.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

>>> Out of Country appeals - MyHMCTS release date 31 March 2021

"Immigration and Asylum online service – Out of Country appeals

I am pleased to let you know that our online service will be able to accept ‘Out of Country’ appeals from 31 March 2021.

This will enable applicants to submit an appeal where the appellant is outside the UK; following the same process as in-country appeals (but with a longer time to issue an appeal in accordance with the procedure rules).

Information and support guides will be available on GOV.UK in the usual way."

 

>>> Covid-19 advice for UK visa applicants and temporary UK residents: https://www.gov.uk/guidance/coronavirus-covid-19-advice-for-uk-visa-applicants-and-temporary-uk-residents

This was updated on 26 March 2021 and under 'Applying for a visa if your visa application centre (VAC) is closed', the date by which you can use the alternative arrangements has been extended to 30 June 2021. (It was previously 31 March 2021.)

>>> Covid-19: jobs that qualify for travel exemptions: https://www.gov.uk/government/publications/coronavirus-covid-19-travellers-exempt-from-uk-border-rules

This was updated on 28 March 2021 to reflect new COVID-19 testing regimes for UK inbound passengers coming into force on 6 April 2021.

>>> COVID19 - Travel from the UK

New lockdown regulations for England came into force on 29 March 2021. They include an explicit ban on international travel, with some exceptions:

    "8.—(1) No person may, without a reasonable excuse—

    (a) leave England to travel to a destination outside the United Kingdom, or

    (b) travel to, or be present at, an embarkation point for the purpose of travelling from there to a destination outside the United Kingdom."

The exceptions are addressed in Schedule 5 and Schedule 6 of those regulations.

To summarise, then, international travel is banned unless:

    It is within the Common Travel Area, or
   The person is exempt under Schedule 6, or
    The person has a “reasonable excuse” listed in Schedule 5, or
    The person has a “reasonable excuse” not listed in Schedule 5 but is nonetheless an excuse that is reasonable

These regulations cover England. The details for international travel from Scotland, Wales and Northern Ireland may be different, but the basic vibe is the same: do not go abroad on holiday, important reasons only. Bear in mind also that leaving the UK and returning means having to follow the inbound travel restrictions covered above.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

02 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Court of Appeal criticises ambiguous language in immigration tribunal judgments: https://www.bailii.org/ew/cases/EWCA/Civ/2021/421.html

In Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 the Court of Appeal provides a helpful reminder of the need for very clear language when explaining how evidence has been examined and assessed. The immigration tribunal’s ambiguity on a crucial piece of evidence was enough to amount to an error of law in this case.

The appeal concerned the decision to deport a South African man who had lived in the UK for over 30 years — almost his entire life. He had committed an extremely serious criminal offence, but also suffers from paranoid schizophrenia. The Article 8 issues were therefore finely balanced.

The First-tier Tribunal dismissed the appeal, but the Upper Tribunal identified an error of law in its approach to the expert evidence on mental health treatment in South Africa. The Upper Tribunal re-made the decision and allowed the appeal.

The Court of Appeal upheld the error of law decision, noting that the formulation used by the First-tier Tribunal on a crucial issue regarding the availability of treatment was ambiguous. The judge had said “there was no satisfactory evidence”, which might mean either that there was no evidence, or that the evidence provided was insufficient. The first option was factually incorrect, while the second option would also be an error of law because the judge provided no explanation for finding the evidence to be unsatisfactory:

    "The conclusions expressed in paragraphs 63 and 69 use the same formula, ‘There is no satisfactory evidence that…’. The formula is ambiguous. It could be a loose way of saying that there was no evidence, or it could mean that there was evidence, but that the FTT did not consider that it was satisfactory. If the formula has the first meaning it is a materially inaccurate account of the evidence. If it has the second meaning, it begs a question, which is why the FTT considered that the evidence was not satisfactory. In this context of anxious scrutiny, the FTT should have explained why it considered that the evidence was unsatisfactory."

But the Court of Appeal also concluded that the Upper Tribunal had itself made an error of law when remaking the decision. It had failed to accurately characterise the medical evidence about the severity of the appellant’s condition while taking the right medication:

    "I accept Mr Malik’s submission that the UT misunderstood the evidence about the severity of the R’s illness when he was receiving the appropriate medication. It appears to have thought that, even with medication, the R would have great difficulty when he arrived in South Africa both in finding a clinic and a job. That approach is inconsistent with the evidence that R’s illness was stable with his medication, that he had worked throughout his time in prison (even though he did not have the right medication throughout), and had gained various vocational qualifications there. That misunderstanding is an essential foundation of the UT’s reasoning about what would happen to the R on his return. It means that the UT’s conclusion that the demanding test in section 117C(6) was met cannot stand."

While there is nothing of ground-breaking significance in this case, it illustrates the importance of the ordinary courts having oversight of the tribunal system to ensure that errors can be identified and corrected.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

05 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Red list countries Rules exemption for migrants

If a person holds a visa for the UK then they may have “residence rights” and so be treated as exempt from the “red list” rules.

Who has residence rights does not appear to be defined anywhere on the government website pages setting out the new scheme, or in the regulations. But according to the Home Office Visas & Citizenship External Relations Team, it includes people with existing:

    - Indefinite leave to remain
    - Limited leave to enter or remain e.g. students or workers (but not visitors)
    - Settled or pre-settled status under the EU Settlement Scheme

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

07 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> UK Immigration Appeal decision waiting times

From the Tribunal Statistics Quarterly: October to December 2020

"In the FTTIAC, the mean time taken to clear appeals across all categories has increased by 14 weeks to 44 weeks (44 weeks = 10 months !) this quarter compared to the same period a year ago.

Asylum/Protection, Human Rights and EEA Free Movement had mean times taken of 41 weeks, 48 weeks (48 weeks = 11 months !) and 38 weeks respectively.

Managed Migration and Entry Clearance, which had a mean time taken of 45 and 75 weeks (75 weeks = 1.5 years) respectively, are older appeal categories, removed by the Immigration Act 2014. There are a small number of remaining appeals which have longer clearance times due to the circumstances of those individual appeals. "

Now add the time to prepare, lodge the appeal, and then wait for a visa being issues. The lot can easily clock up 1-2 years !

So do it right from the very first time with the Legal Centre: www.legalcentre.org, +447791145923, +443300010342

>>> Immigration and nationality fees for 2021/22: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-6-april-2021

The updated list of fees for immigration and nationality applications that apply from 6 April 2021 shows that all remain unchanged from last year. This marks the third financial year running that headline application fees have been largely frozen, having last increased significantly in April 2018.

There is a catch: the Immigration Health Surcharge, a separate tax on immigration, has increased sharply over that period. In 2018, the health surcharge was £200 a year. A spouse applying for permission to remain in the UK would have paid £1,033 in processing fees for permission lasting two and a half years, plus £500 in health surcharge. The health surcharge doubled at the start of 2019 and rose further to £624 a year in October 2020. So even with the headline fee staying the same, the total cost of that spouse application had jumped from £1,533 to £2,593 — a 69% rise — in just a few years.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

07 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> From the UK BA:

⦁    Hoping that end of March super priority visa will be available again for marriage settlement applications
⦁    Visit visa demand is considerably depressed and we expect that to remain the case.
⦁    Exceptional assurance is being extended to leave expiring 31 March 2021, we are currently reviewing what we do after that but it is likely to be done on a month by month basis.
⦁    Production of BRPs where numbers had built up accelerated in late summer and not surprisingly a lot of people had moved addresses in the many months their applications had been outstanding, so UKVI then received a surge of emails to our failed deliveries box and they are still catching up with those and are aware that response times may be a bit slow. A recovery plan is in place, staff have been moved and UKVI has also taken on agency staff to help.  
⦁    Error corrections have been deprioritised and card collections are the priority, particularly where the error is with duration and does not cause an immediate problem for the customer. These will still be dealt with as quickly as possible.
⦁    In order to deal with the issue of undelivered cards, UKVI has changed processes and now when the BRP is produced an email is sent out with the BRP reference number and that allows them to prove their right to rent and work etc. So if the card does go elsewhere the customer can use their status in the meantime.
⦁    The email also acts as a reminder that they will need to contact TNT to change their address. We have given TNT broad discretion so that if someone calls TNT and gives the BRP number from the email then they should accept that is the customer and deliver the card to the new address provided.

Indefinite leave to remain

UKVI policy are looking at our request to update the long residence guidance so that absences that arose due to the pandemic are waived. UKVI advised that they believed that 5b had been actioned.

Applicants unable to attend VACs to have their biometrics taken

UKVI is acutely aware of the issue and are considering whether they need to use th IDV app in more routes again.

Working after a CoS has been issued

Currently not permitted as the Home Office advises that the applicants can use the 24-hour Super Priority Service to get a decision and so start working.

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

07 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Home Office Exceptional Assurance - concession extended

UKVI have extended the Exceptional Assurance concession so that those individuals who have a visa, or leave, that expires by 30 June 2021, and who intend to leave the UK but have not been able to do so, can request additional time to stay.

Applying for a visa if your VAC is closed - concession extended

The concession allowing customers outside of the UK, whose local visa application centre (VAC) is closed due to coronavirus restrictions,  to  apply online and select a VAC in another country worldwide to submit their application and biometrics, has been extended to 30 June 2021.

Customers must continue to select the country where they intend to to submit biometrics at the start of their application.

Message from the Sales Manager at Sopra Steria

"We’ve made a couple of amendments to the business to business offering which I wanted to make you aware of. We are now catering for up to 8 applicants for the half day pop-up and the price would be £2450.

As you’re aware pop-ups are a fairly new offering, and we’ve had to go through health and safety. Due to social distancing we’ve made the decision to reduce the numbers slightly so we can stay within government guidelines."

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

08 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Home Office update

- The Home Office is considering implementing the ETA - Electronic Travel Authorization. Anyone wishing to travel to the UK will have to complere a form before travelling into the UK

- The Super Premium 24-hour service has been re-introuduced for the Family type immigrtation applications in-country (SETM/FLRM etc)

- The Home Office Coronovirus Concession for the in-country switching from Visitor Visas is now only available for the family immigration routes (UK Spouse Visa etc)

>>> Leave outside the Rules – three-month concession for carers: https://www.gov.uk/government/publications/chapter-17-section-2-carers

This is a little-known provision designed to allow applicants to be granted a short grant of leave to remain (ordinarily, three months) to provide urgent care to a settled or British relative and, most importantly, to make arrangements for their long-term care. The guidance says that the following points are relevant to applications on this basis:

        - the type of illness/condition (this should be supported by a Consultant’s letter); and
        - the type of care required; and
        - care which is available (e.g. from the Social Services or other relatives/friends); and
        - the long-term prognosis.

The guidance also states that although applications for leave in order to care for a sick or disabled friend should normally be refused, “in an emergency (e.g. where the patient has suddenly fallen ill and there is insufficient time to arrange permanent care or where there is nobody else in the United Kingdom to whom the patient can turn) it may be appropriate to grant leave”.

An applicant’s prospects of success depend largely on the severity of their relative’s condition, the urgency of their care needs and the quality of the supporting evidence. A grant of leave is more likely, for example, in cases where the relative is terminally ill and requires help with everyday tasks than in cases where the illness is less severe and the care required is emotional support rather than practical assistance.

Contrary to the guidance, which is out of date, a refusal of this application only carries a right of appeal if the First-tier Tribunal accepts jurisdiction to hear the appeal. That is only possible where it is satisfied that there has been a refusal of a human rights application, so it may be helpful to raise Article 8 (and Article 3, where relevant) grounds in the application.

Although this is not stated by the guidance, the appropriate form in this case would be FLR(HRO), if making the application in the UK. If making the application outside the UK, the relevant form is the visit visa form.

>>> Transfering refugee status - interim notice: https://www.gov.uk/government/publications/transfering-refugee-status-interim-notice-process

Interim asylum policy guidance used by UK Visas and Immigration to make decisions on applications to transfer a refugee status.

>>> Should a migrant update his visa or inform the home office if he starts working at another branch but for the same employer?

The asnwer is "Yes":

-> Employer’s duty under C1.12 to report

    "The location they are employed at changes – this includes where a worker is working at a different client’s site or a sports player moves to another sports club on loan"

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

12 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> ATAS requirement - Skilled Worker route

Some applicants applying for entry clearance or permission to stay from 21 May 2021 will need to obtain an Academic Approval Technology Scheme (ATAS) certificate from the Counter-Proliferation and Arms Control Centre of the Foreign, Commonwealth and Development Office before they make their application. This is known as the ‘ATAS requirement’.

The ATAS requirement applies where the worker is not an exempt national and will be working in a job in a relevant occupation code which includes an element of research at PhD level or above in certain sensitive subject areas whose knowledge could be used in programmes to develop Advanced Conventional Military Technology (ACMT), weapons of mass destruction (WMDs) or their means of delivery.

>>> Sponsor licence inspection visits back on

UK Visas and Immigration (UKVI) has confirmed that with lockdown easing, it is resuming sponsor licence compliance visits. Initial visits will be focused on organisations that have a pending sponsor licence application.

>>> Late applications to the EU Settlement Scheme

From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after that deadline, but they must have “reasonable grounds to apply late”. Clarity on what grounds might be considered reasonable was lacking until 1 April 2021, when the Home Office released guidance on how it will deal with late applications: pages 26 to page 44 of the main caseworker guidance.

Since the Home Office also requires those with pre-settled status to make a further application in order to upgrade to settled status, this guidance also applies to those who fail to upgrade before their pre-settled status expires. It also applies to family members joining an EU citizen sponsor via the family permit route, and to a few other scenarios.

That said, there is still time to apply for a Pre-Settled, Settled status AND change (non-EEA migrants) an "old style" Biometric Residence Card (BRC).

Talk to us, the Legal Centre, as we can help you: https://legalcentre.org/Initial-Consultation.html

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

19 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Now UK passports can be issued to British children abroad without abusive father’s consent: https://www.bailii.org/ew/cases/EWHC/Admin/2021/868.html

Her Majesty’s Passport Office was wrong to insist on signed consent for child passports from an abusive father, the High Court has held in R (GA & Ors) v Secretary of State for the Home Department [2021] EWHC 868 (Admin).

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

19 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Lack of Rule 35 process in prisons is unlawful, Court of Appeal finds: https://www.bailii.org/ew/cases/EWCA/Civ/2021/541.html

The judgment of the Court of Appeal in MR (Pakistan) v Secretary of State for Justice & Others [2021] EWCA Civ 541 marks a major step forward in the battle over the use of immigration detention in prisons. The court has decided that the absence of a Rule 35 procedure for identifying vulnerable immigration detainees in prisons is irrational.

Although the court held back from making a broader finding that this was systemically unfair, the Home Office and Ministry of Justice will surely have to provide something similar to Rule 35 in prisons in order to avoid further claims of this nature. The judgment confirms that the Home Office is already taking steps to amend the legal framework.

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

22 April 2021 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> Occupations which are not eligible for the Skilled Worker route: https://www.gov.uk/government/publications/uk-points-based-immigration-system-further-details-statement/uk-points-based-immigration-system-further-details-statement#occupations-which-are-not-eligible-for-the-skilled-worker-route


These occupations cannot be sponsored under the Skilled Worker route for various reasons, including:

    -other, more appropriate immigration routes are available (for example, clergy and sport players).
    -jobs cannot be held by anyone who is subject to immigration control in the UK (for example, elected officers and officers in armed forces).
    -the jobs do not meet the skills threshold (for example, security guards and waiters).

 

Поделиться сообщением


Ссылка на сообщение
Поделиться на другие сайты

Присоединяйтесь к обсуждению

Вы можете написать сейчас и зарегистрироваться позже. Если у вас есть аккаунт, авторизуйтесь, чтобы опубликовать от имени своего аккаунта.

Гость
Ответить в этой теме...

×   Вставлено с форматированием.   Вставить как обычный текст

  Разрешено использовать не более 75 эмодзи.

×   Ваша ссылка была автоматически встроена.   Отображать как обычную ссылку

×   Ваш предыдущий контент был восстановлен.   Очистить редактор

×   Вы не можете вставлять изображения напрямую. Загружайте или вставляйте изображения по ссылке.


×
×
  • Создать...