Важные судебные решения и новости для иммигрантов

[British Lawyer]

25 July 2022 – 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)

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

Title and summary text has been updated to make it clear the data now includes figures from the Visa Extension Scheme. Also updated with the latest data.

Total Ukraine Scheme visa applications received: 194,700

Data is as of 19 July 2022 and comprised of:

Ukraine Family Scheme: 53,700
Ukraine Sponsorship Scheme: 141,000
Total Ukraine Scheme visas issued to people: 162,000
Data is as of 19 July 2022 and comprised of:

Ukraine Family Scheme visas: 46,600
Ukraine Sponsorship Scheme visas: 115,400

Total arrivals of Ukraine Scheme visa-holders in the UK: 99,700
Data is as of 18 July 2022 and comprised of:

arrivals via Ukraine Family Scheme: 30,500
arrivals via Ukraine Sponsorship Scheme: 69,300
Total Ukraine permissions to extend stay in the UK: 15,500

>>> Visa processing times - updated

UK Visas and Immigration (UKVI) is currently prioritising applications made under the Ukraine Visa Scheme in response to the humanitarian crisis arising from the invasion of Ukraine.
 
The customer service standard on standard visa processing times for out of country applications is generally 3 weeks. Currently these processing times are taking longer.
 
Visit visas are taking an average of 7 weeks - this was previously an average of 6 weeks 
Work visas are taking an average of 4 weeks – this was previously an average of 5 weeks
Standard Student visa is currently within the normal service standard of 3 weeks
Applications for family visas remains at 24 weeks 
 
These revised processing times are a global average, and we recognise that timescales may vary from region to region. Information has been updated on the Visa decision waiting times GOV.UK page and information will be provided throughout the customer visa journey. 
 

[British Lawyer]

26 July 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> New law significantly expands possibilities for claiming British citizenship through a grandparent

Section 4L of the British Nationality Act 1981 was brought into force on 28 June 2022, alongside the publication of an application form and guidance for applicants and separate guidance for caseworkers at the Home Office. It was inserted into the 1981 legislation by section 8 of the Nationality and Borders Act 2022. It says:

"Acquisition by registration: special circumstances

(1) If an application is made for a person of full age and capacity (“P”) to be registered as a British citizen, the Secretary of State may cause P to be registered as such a citizen if, in the Secretary of State’s opinion, P would have been, or would have been able to become, a British citizen but for—

(a) historical legislative unfairness,

(b) an act or omission of a public authority, or

(c) exceptional circumstances relating to P.

(2) For the purposes of subsection (1)(a), “historical legislative unfairness” includes circumstances where P would have become, or would not have ceased to be, a British subject, a citizen of the United Kingdom and Colonies or a British citizen, if an Act of Parliament or subordinate legislation (within the meaning of the Interpretation Act 1978) had, for the purposes of determining a person’s nationality status—

(a) treated males and females equally,

(b) treated children of unmarried couples in the same way as children of married couples, or

(c) treated children of couples where the mother was married to someone other than the natural father in the same way as children of couples where the mother was married to the natural father.

(3) In subsection (1)(b), “public authority” means any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

(4) In considering whether to grant an application under this section, the Secretary of State may take into account whether the applicant is of good character.”"

Registration will make the person a British citizen “otherwise than by descent”.

 

[British Lawyer]

01 August 2022 – 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)

>>> Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine): https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=35ba40d3-b47b-4518-9db7-4096aebbe07d&utm_content=immediately

Removed this paragraph as the super sponsor schemes have been paused: ‘If your sponsor will be the Scottish or Welsh Government, you must fill in the form yourself. You’ll be asked if you’re being sponsored by an organisation. Choose the ‘organisation option’ and select which government will be your sponsor from the list.’ Also updated to indicate that the temporary VAC in Rzeszow has now closed. 

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

Total Ukraine Scheme visa applications received: 198,200
Data is as of 26 July 2022 and comprised of:

Ukraine Family Scheme: 55,000
Ukraine Sponsorship Scheme: 143,200
Total Ukraine Scheme visas issued to people: 166,200
Data is as of 26 July 2022 and comprised of:

Ukraine Family Scheme visas: 47,200
Ukraine Sponsorship Scheme visas: 119,000

Total arrivals of Ukraine Scheme visa-holders in the UK: 104,000
Data is as of 25 July 2022 and comprised of:

arrivals via Ukraine Family Scheme: 31,300
arrivals via Ukraine Sponsorship Scheme: 72,700
Total Ukraine permissions to extend stay in the UK: 15,900

>>> Country policy and information note: security situation, Ukraine, June 2022: https://www.gov.uk/government/publications/ukraine-country-policy-and-information-notes/country-policy-and-information-note-security-situation-ukraine-june-2022-accessible

https://www.gov.uk/government/publications/ukraine-country-policy-and-information-notes/country-policy-and-information-note-security-situation-ukraine-june-2022-accessible

>>> New Plan for Immigration: legal migration and border control: https://www.gov.uk/government/publications/new-plan-for-immigration-legal-migration-and-border-control-strategy/new-plan-for-immigration-legal-migration-and-border-control-accessible

This strategy statement sets out the Home Office’s ambition for transformational change for everyone using their systems and crossing the UK border. 
 

[British Lawyer]

15 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> New Upper Tribunal Reported Decisions on Family Members and Withdrawal Agreement

The Upper Tribunal has two new reported decisions: Batool on extended family members, and Celik on durable partners, both of whom are found to have no substantive rights under the EU Withdrawal Agreement unless they were being facilitated by the United Kingdom before 11pm GMT on 31 December 2020 and had applied for facilitation before that time.

The headnotes are as follows:

Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC)

(1)      An extended (oka other) family member whose entry and residence was not being facilitated by the United Kingdom before 11pm GMT on 31 December 2020 and who had not applied for facilitation of entry and residence before that time, cannot rely upon the Withdrawal Agreement or the immigration rules in order to succeed in an appeal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020.
 
(2)      Such a person has no right to have any application they have made for settlement as a family member treated as an application for facilitation and residence as an extended/other family member.

Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)

(1)      A person (P) in a durable relationship in the United Kingdom with an EU citizen has as such no substantive rights under the EU Withdrawal Agreement, unless P’s entry and residence were being facilitated before 11pm GMT on 31 December 2020 or P had applied for such facilitation before that time.
 
(2)      Where P has no such substantive right, P cannot invoke the concept of proportionality in Article 18.1(r) of the Withdrawal Agreement or the principle of fairness, in order to succeed in an appeal under the Immigration (Citizens’ Rights) (EU Exit) Regulations 2020 (“the 2020 Regulations”). That includes the situation where it is likely that P would have been able to secure a date to marry the EU citizen before the time mentioned in paragraph (1) above, but for the Covid-19 pandemic.
 
(3)      Regulation 9(4) of the 2020 Regulations confers a power on the First-tier Tribunal to consider a human rights ground of appeal, subject to the prohibition imposed by regulation 9(5) upon the Tribunal considering a new matter without the consent of the Secretary of State.

[British Lawyer]

16 August 2022 – 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 Re: Sole Representative of an Overseas Business Visa Processing Delays

From the UK BA:

"With regards to the delay in processing Sole Representative applications, following the announcement of the closure of this route, we have received record volumes of applications at the same time as coinciding with the displacement of all staff who consider the cases to supporting the Ukrainian refugee crisis. This has meant that in this particular route, decision making times have extended beyond the averages across the wider Work Command.
 
More resource is being brought in to handle the applications and conclude all those outstanding as soon as we can.".

[British Lawyer]

17 August 2022 – 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 Rules force migrants and their family members to seek legal assistance, the Court of Appeal Judge says: https://www.bailii.org/ew/cases/EWCA/Civ/2010/773.html

"I am left perplexed and concerned how any individual whom the Rules affect (especially perhaps a student, like Mr A, who is seeking a variation of his leave to remain in the United Kingdom) can discover what the policy of the Secretary of State actually is at any particular time if it necessitates a trawl through Hansard or formal Home Office correspondence as well as through the comparatively complex Rules themselves. It seems that it is only with expensive legal assistance...that justice can be done."

>>> Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC).

The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals, unless the Home Office consents to this. This will aspect of the decision will be considered in a separate blog post, coming soon. 

>>> UKVI Update Re: (Overseas) Student Priority Visa and Super Priority Visa Services

From the UK BA:

"We can confirm that today, 12 August, UKVI have resumed Priority Visa (PV) and Super Priority Visa (SPV) services for new student visa applications (in existing locations).  Please feel free to share this with your own stakeholder groups."

[British Lawyer]

18 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> No reprieve for durable partners prevented from marrying due to COVID-19: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00220

In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) the Upper Tribunal has decided that he — and anyone else in a similar situation — cannot benefit from the EU Settlement Scheme.

Unmarried couples did not have automatic rights under EU free movement law in the same way that direct family members, such as spouses, did. This meant that they had to apply for a residence document under the Immigration (EEA) Regulations 2016 or marry before 31 December 2020 – when EU law ceased to apply in the UK.

The Tribunal also decided that appellants cannot rely on their human rights in EU Settled Status appeals unless the Home Office consents to this. 

[British Lawyer]

19 August 2022 – 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)

>>> Advice for a woman getting married (Change of name) https://deedpolloffice.com/advice/woman-getting-married

[British Lawyer]

22 August 2022 – 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)

>>> Apply for a visa under the Ukraine Sponsorship Scheme (Homes for Ukraine) - Applicants aged under 18: https://www.gov.uk/guidance/apply-for-a-visa-under-the-ukraine-sponsorship-scheme?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=253cb704-1f9f-4a4f-919d-14bb42c01096&utm_content=immediately

Updated:

"Applicants aged under 18

Children under 18 years old must either:

- apply with their parent or legal guardian
- apply to join their parent or legal guardian if they’re already in the UK
- apply with the consent of their parent or legal guardian to travel to the UK to join an approved sponsor"

>>> UK visa support for Ukrainian nationals - UPDATED: https://www.gov.uk/guidance/support-for-family-members-of-british-nationals-in-ukraine-and-ukrainian-nationals-in-ukraine-and-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4465a465-104e-4a66-b63a-58511e6deab5&utm_content=immediately

Condensed information so it’s clearer and focused on visa support for Ukrainian nationals:

- removed links to information that’s included in the Ukraine foreign travel advice section
- added links to indefinite leave to remain and EU settled or pre-settled status pages
- clarified what you can do if you have a sponsor
- added more information about visa application centres
- clarified information about staying longer if you’re already in the UK
- removed chapter about travelling to the UK urgently as it’s no longer needed
- Russian and Ukrainian translations updated

>>> Bitcoin savings cannot be used as evidence of funds in some of the UK Visa Applications: https://www.gov.uk/guidance/financial-evidence-for-student-and-child-student-route-applicants?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4e926465-c7db-4993-a88f-717563b799a9&utm_content=immediately#what-evidence-is-not-accepted

"What evidence is not accepted

The following are not accepted as evidence to show you have the required amount of money:

- overdrafts
>>> bitcoin savings <<<
- stocks and shares
- pensions
- bank accounts that are not regulated by the financial regulatory body in the country in which the bank operates
bank accounts that don’t use electronic record keeping"

>>> Permission to work and volunteering for asylum seekers: https://www.gov.uk/government/publications/handling-applications-for-permission-to-take-employment-instruction/permission-to-work-and-volunteering-for-asylum-seekers-accessible-version#:~:text=The Immigration Rules,-Part 11B of&text=paragraph 360 sets out that,no fault of the -applicant

>>> Apply for a UK visa in the USA - address updated: https://www.gov.uk/government/publications/usa-apply-for-a-uk-visa/apply-for-a-uk-visa-in-the-usa

[British Lawyer]

23 August 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> What is the difference between IELTS and UKVI IELTS?

There is no difference between the test format of IELTS and IELTS for UKVI. The test stands the same in terms of content, format, level of difficulty and scoring for both IELTS (Academic and General Training) and IELTS for UKVI (Academic and General training).

The only difference between the two is that the Test Report Forms, which enclose your results, will be somewhat dissimilar to show that you have taken the test at a certified IELTS UKVI location approved by the UK Home Office. The sole purpose of IELTS UKVI is to meet a set of administrative requirements specified by the UK Home office.

[British Lawyer]

25 August 2022 – 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)

>>> It is not possible to raise the human rights points in EU Settled Status appeals, unless Home Office consent: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00220 and https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00219

In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal.

In short: they can be considered where the Home Office consent to this.

Separate application required

This was highlighted in Celik. The Upper Tribunal noted that appellants who want to rely on article 8 “can and should make the relevant application, accompanied by the appropriate fee” (at [98]).

Applicants who have been unsuccessful under the EU Settled Status scheme are therefore left to start all over again: going to the expense of making a paid human rights application and appealing any refusal.

[British Lawyer]

26 August 2022 – 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)

>>> Update your UK Visas and Immigration account details: https://www.gov.uk/update-uk-visas-immigration-account-details

Overview

You should update your UK Visas and Immigration (UKVI) account if you’ve changed your:

-mobile phone number
-email address
-name
-identity document, such as your passport or national identity card
-UK address

You can also:

-correct your date of birth
-add an extra nationality - if you have dual nationality, for example
-add an extra identity document
-change your photo, for example if your appearance has changed and you can no longer be recognised from your photo
-give someone else access to your visa applications, if you’d like them to help you apply
-give someone else ownership of the UKVI account, if you set up the account on their behalf

---> You cannot change your identity document or name if you’re waiting for a decision on a visa application.

Who has a UKVI account

You’ll have a UK Visas and Immigration account if you’ve applied either:

- to the EU Settlement Scheme
- for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone

[British Lawyer]

01 September 2022 – 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)

>>> Do you have 6 months of leave on entry or just 2 ?

Deemed leave under Article 4: https://www.gov.uk/government/publications/common-travel-area

Those entering the UK from 1 January 2021 are entitled to 6 months of deemed leave, or 2 months of deemed leave where they have previously visited the UK on the basis of deemed leave (including before 1 January 2021) and have not left the CTA in the meantime.

>>> From 20 June 2022 applicants, with current leave to remain as a partner or parent on the 10 year family route MUST NOT apply under thr SET(LR) form. Instead, use this form: https://visas-immigration.service.gov.uk/product/settlement-adult-relative
 

[British Lawyer]

02 September 2022 – 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)

>>> Is a US Online Wedding or Marriage Legal in the UK?

See https://marryfromhome.com/knowledge-base/online-marriage-legal-uk/

>>> SETM - can one include their children, who lived in the UK for LESS than 5 years ?

The answer is "yes", as there is no qualifying period required for child’s ILR under D-LTRC, 298.

[British Lawyer]

05 September 2022 – 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)

>>> Six Ways To Fast-Track The Home Office For A Decision To Your Immigration Application

What if the Home Office has not decided your case within the timeframe?

You have six potential ways to seek expedition to your case. Below are the steps you can take, and it is not necessary to follow the same order.

1. Contact the Home Office, preferably in writing. You should include the following information in your letter/email:

- Your full name, date of birth, nationality.
- Your current address.
- The Home Office reference number.
- Type of application you submitted.
- The date the application was submitted.
- When you expected the decision to have been made by in accordance to the Home Office timeframe.
- Give dates of any previous chase up letters sent to the Home Office.
- Most importantly, the effect of the delay in considering your application is having on you and/or your family.

If you applied within the UK, then you should write to the Home Office department where you initially sent your application to.

If you submitted your application out of the country, you should direct your email to https://www.gov.uk/contact-ukvi-inside-outside-uk. You can call the UK Visas and Immigration, but it is advisable to have something written to them and have a written response, which you can use for the steps below.

2.  Make a formal complaint via https://www.gov.uk/government/organisations/uk-visas-and-immigration/about/complaints-procedure, If you have not received a reply to your chase up letter or if the response is not what you expected. You should provide all the information as mentioned in step 1 and enclose any chase up letters and responses you have received from the Home Office. The complaints department will investigate and should respond to you within 20 working days.

3.  Contact your local MP. You can find your local MP via https://www.parliament.uk/mps-lords-and-offices/mps/. It is essential that you provide all the information related to your case so that your MP can make the appropriate enquiry.

4. Complaint to the Parliamentary and Health Service Ombudsman if the Home Office internal complaint process did not resolve your issue, or the MP was unable to assist you further. You must ask your MP to refer the matter to the Ombudsman, who will make a final decision.

5. Consider legal action by submitting a pre-action protocol letter. The pre-action protocol is a mechanism used to resolve the issues between two parties before considering lodging court proceedings. The Home Office aims to respond within 21 days.

6. Lodge a Judicial Review application as a last resort, if all above steps do not resolve your issues.  As a case has been lodged against the Home Office, this usually resolves the matter quickly. Judicial Review is complex, costly and should only be used if there is a significant delay which renders the Home Office action as unlawful.

[British Lawyer]

06 September 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

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

Check how quickly you’ll receive a decision on your UK visa application if you are applying from outside the UK.

https://www.gov.uk/guidance/visa-decision-waiting-times-applications-outside-the-uk?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=e381862a-49e9-4944-a90e-a15236ad5dc3&utm_content=immediately

[British Lawyer]

08 September 2022 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org - +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber)

>>> What happens if your unmarried (durable) partner relationship breaks down when you have a EU Pre-Settled Status ?

According to ILPA, the Home Office is likely to CANCEL the Pre-Settled Status as for the unmarried (durable) partner there is usually NO protection in the Appendix EU under the so-called Retained Right Option.

[British Lawyer]

09 September 2022 – 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)

>>> Do you need to be dependent CHILD, PARENT or RELATIVE under the EUSS to apply for ILR ?

Apparently, NO, under the current Home Office Guidance (EU4):

Caseworker guidance says:

"Family members who hold pre-settled status based on dependency Rule EU4 of Appendix EU provides, in part, that where a person has been granted pre-settled status (limited leave to enter or remain under Appendix EU) as a child, dependent parent or dependent relative, they do not need to continue to meet the eligibility requirements for that leave which they met at the date of application where these related to their dependency, in order to retain their leave and remain eligible in due course for settled status (indefinite leave to enter or remain), where they apply on the basis of the same family relationship.  

For example, where a person has been granted pre-settled status on the basis of being a dependent parent of a relevant EEA citizen, they will not lose this status before that limited leave to enter or remain expires solely because they cease to be dependent on the relevant EEA citizen, and they will remain eligible in due course for indefinite leave to enter or remain as a dependent parent of that relevant EEA citizen, where they apply onthe basis of the same family relationship."

Para EU4, in more details:

> Where a person has been granted limited leave to enter or remain under this Appendix:

• They must continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A); and

• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A);and

• They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A) 

[British Lawyer]

09 September 2022 – 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 a UK born child, who is NOT British by birth, claim asylum in the UK ?

The answer seems to be "Yes", according to the Home Office's current Guidance: https://www.gov.uk/government/publications/dependants-and-former-dependants-asylum-policy-instruction

>>> Can a berieved partner of a British citizen on a 10-year route to Settlement apply for ILR ?

The answer may be "Yes", provided if the bereaved partner's 10 year partner leave is under the Appendix FM.

See Section E-BPILR for more details:

Eligibility for indefinite leave to remain as a bereaved partner

E-BPILR.1.1. To meet the eligibility requirements for indefinite leave to remain as a bereaved partner all of the requirements of paragraphs E-BPILR1.2. to 1.4. must be met.

E-BPILR.1.2. The applicant’s last grant of limited leave must have been granted under this Appendix as-

(a) a partner (other than a fiancé(e) or proposed civil partner) of a British Citizen, a person settled in the UK, or a person in the UK with limited leave under Appendix EU in accordance with paragraph GEN.1.3.(d); or
(b) a bereaved partner.
E-BPILR.1.3. The person who was the applicant’s partner at the time of the last grant of limited leave as a partner must have died.

E-BPILR.1.4. At the time of the partner’s death the relationship between the applicant and the partner must have been genuine and subsisting and each of the parties must have intended to live permanently with the other in the UK.

[British Lawyer]

13 September 2022 – 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)

>>> Some overstayers are still elgible for ILR

For example, for those under the Protection Route (refugees), para STP 1.3. allows a suitable, eligible, overstayer to make a valid ILR application.

[British Lawyer]

21 September 2022 – 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)

>>> Guidance update: good character in nationality applications: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1103595/Nationality_policy_-_good_character.pdf 

The Home Office nationality guidance on the good character requirement has now been updated in line with the provisions on lawful residence that came into force on 28 June 2022. The provisions were introduced into the British Nationality Act 1981 by section 9 and Schedule 1 of the Nationality and Borders Act 2022 (and by section 12 with additional regard to refugees).

Breaches of the lawful residence requirement include illegal entry to the United Kingdom, overstaying, and absconding.

Previously, immigration breaches made in the 5-year period before the submission of a citizenship application may have been grounds for refusal on the basis that the individual did not meet the lawful residence requirement. If the breach was made in the 10-year period before the application was submitted, it could become grounds for refusal on the basis that they did not meet the good character requirement.

The rules have now been amended. Where an individual holds indefinite leave to remain, they can be treated as meeting the lawful residence requirement during the 5-year qualifying period, without further enquiry.

To align with this change, illegal entry, overstaying and absconding may also be disregarded when assessing good character requirements during the relevant 10-year period. But only where all of the following factors apply:

- The individual is applying for naturalisation as a British citizen, or registration under s.4(2), 6(1) or 6(2) of the British Nationality Act 1981 after 28 June 2022;
- The person holds indefinite leave to enter or remain; and
- No concerns (for example relating to their character) have arisen since the grant of indefinite leave that might cast doubt on the decision.

It will remain appropriate for some lawful residence breaches to be cosnidered, alongside other good character factors, in certain applications. These may include, but are not limited to: 

- Where historic information has come to light which, had it been known at the grant of settlement, may have led to refusal
- Where something occurred after the grant of settlement to indicate revocation of the status may be appropriate
- Applications to naturalise as a British overseas territory citizen
Immigration breaches that do not relate to lawful residence (for example work-related breaches, or failure to observe reporting requirements) must still be considered.

Other changes to the guidance

A section on travel bans has been introduced, presumably in light of ever-changing international tension. Under section 8B of the Immigration Act 1971 a person who is the subject of a travel ban must be refused entry clearance and if the individual is already in the country, any permission they have must be cancelled. A person who is the subject of a travel ban will not normally be of good character.

The guidance states that a fine imposed under the coronavirus regulations counts as a fixed penalty notice.  

And finally, there is clarification that “pending prosecutions” includes where a person is under investigation but has not yet been charged with an offence. Citizenship will not normally be granted to a person who has a pending prosecution, and the application will remain on hold (unless there are other grounds to refuse the application straight away).

[British Lawyer]

21 September 2022 – 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 Home Office – ILPA conference on 21 September 2022 – UPCOMING HIGHLIGHTS/HOME OFFICE DRAFT CHANGES:

⦁    The 90 days Entry Clearance vignettes will stay (was 30 days pre-COVID)
⦁    !!! Russian and Belorussian applicants wishing to come to the UK will get more checks during their applications !!!
⦁    !!! Applicants may be permitted to travel while their applications or appeals are pending !!!  – TO BE CONFIRMED BY THE HOME
⦁    !!! Separate Appendix FP Parent route to be introduced, being derived from the Appendix FM. Applicants without valid passports may fail the validity requirement and their applications may be rejected. Parents without immigration leave or on bails or as a visitor or previously had the visitor visa are likely to FAIL the suitability requirement. And the parents of the children, who may regularize their status (7-Year Rule), may not be able to get their own status sorted  !!!
⦁    !!! Paragraphs EX1. and GEN. 3.2  are gone from the draft Rule changes (would otherwise allow irregular migrants, who are in a relationship with the British child/Partner tp to regularize their status in the UK) !!!!
⦁    “Half-life test” to be scrapped and incorporate not reasonable test as to why those migrants cannot leave the UK – TO BE CONFIRMED BY THE HOME OFFICE
⦁    Regularization of the young adults. The Home Office is proposing the possible Rule change for the 18 or just over migrants who had arrived by the age of 10 - they may get ILR under the 7 or 9- or 10-year Residence Test Rule – TO BE CONFIRMED BY THE HOME OFFICE 
⦁    FLR applications must be submitted within 10 working days from the Fee Waiver application submission date

 

[British Lawyer]

22 September 2022 – 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 residence cards: https://www.gov.uk/uk-residence-card/replace

Guidance on how to replace or amend your BRP/BRC card

>>> 10 years continuous lawful residence important notice: https://www.gov.uk/government/publications/long-residence

From the Home Office Guidance:

"Once an applicant has built up a period of 10 years continuous lawful residence, there is no limit on the length of time afterwards when they can apply. This means they could leave the UK, re-enter on any lawful basis, and apply for settlement from within the UK based on a 10-year period of continuous lawful residence they built up in the past. There is also nothing to prevent a person relying on a 10-year period that they may have relied on in a previous application or grant."

For example, if the applicant had ILR and resided in the UK for 10 years, and then left the UK for 2+ years and thus de-facto lost their ILR, the applicant then can enter the UK on other immigration route and apply for ILR on the Long Residence bases again.

[British Lawyer]

28 September 2022 – 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)

>>> Upcoming changes to the Innovator visa route

From the Home Office conference on the Economic Migration 

"The changes reform and expand the Innovator route to make provision for overseas nationals seeking entry for the purpose of establishing an innovative business (now referred to as Innovator Founders), and overseas nationals seeking entry for the purpose of professionally investing in innovative businesses in the UK (now referred to as Innovator Business Angels)

The changes remove the £50K minimum funds requirement currently applied to those coming to establish an innovative business in order to make more flexible provision for those with a genuine proposal for an innovative business and sufficient funds to deliver it.

The changes relax existing restrictions on Innovator migrants engaging in employment outside the running of their business, provided such secondary employment is in skilled roles (i.e., at least skilled to RQF Level 3).

The changes introduce new provision for Innovator Business Angels, which are intended to offer a route of entry and stay for experienced professional investors who intend to invest in innovative businesses in the UK. They will need to be assessed by an approved endorsing body and demonstrate that they:

a) are of good conduct as fit and proper business persons that have appropriate experience, whether as the founder of an innovative business overseas or as a professional investor in such businesses overseas;

b) have an investment plan that will deliver investment in innovative businesses in the UK as well meeting criteria for regional impact and job creation; 

c) meet funding requirements which require the applicant to have £5m of their own funds and obtained from their own economic endeavours which have already been deposited in an account with a Financial Conduct Authority-regulated financial institution and have been subjected to relevant due diligence checks and know your customer checks in advance of the overseas national applying for an endorsement.

These changes specify that successful applicants under the arrangements for Innovator Business Angels will be required to be active as an investor on a day-to-day-basis and to have invested at least £2m in innovative businesses within 1 year of entry under these arrangements, and their progress in implementing their investment plan will be monitored through checkpoints administered by the endorsing bodies at 12 and 24 months.

These changes specify that settlement for Innovator Business Angels after 3 years will require the applicant to have invested at least £5m in line with their investment plan; to demonstrate that their investments have led to the creation of 20 full-time jobs; and to meet other specified criteria relating to economic performance of the businesses they have invested in.

These changes close the Start-up route to new initial applications, except where they are supported by endorsements issued before [entry into force date]. With the removal of the £50K minimum funds requirement for Innovator Founders under the Innovator route, is no longer necessary to retain a separate route for start-up entrepreneurs that do not have access to this level of funds.

Endorsement is STILL REQUIRED

Investments can be obtained from the Endorsing Body

[British Lawyer]

08 October 2022 – 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)

>>> Applicants from Afghanistan may not need to enrol biometrics at the time of an application: https://www.bailii.org/ew/cases/EWHC/Admin/2022/2473.html

The High Court has confirmed that the Home Office is obligated to consider exercising discretion to waive or delay the requirement to enrol biometrics before considering an application in R (KA and others) v Secretary of State for the Home Department [2022] EWHC 2473 (Admin).