Важные судебные решения и новости для иммигрантов

[British Lawyer]

10 January 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)

>>> High Court orders Home Secretary to immediately increase asylum support rates: https://www.bailii.org/ew/cases/EWHC/Admin/2022/3329.html

In a powerful judgment given on 21 December 2022, the High Court ordered the Secretary of State for the Home Department to immediately increase the weekly support payments made to asylum seekers to £45. This is the largest ever single increase in the rate of asylum support and is made to reflect the increase in the cost of living during 2022. 

[British Lawyer]

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

>>> Current Home Office fees: https://www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-9-november-2022#other-applications-made-in-the-uk

>>> A child on a UK Viistor visa may switch into Settlement from within the UK

There is no immigration status requirements to prevent a child visitor from switching to SET(F) under 298, etc.

Note that, depending on the child's circumstances, Sole Responsibility etc may need to be proved.

[British Lawyer]

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

>>> Identification requirements: Terms and conditions for booking and taking the Life in the UK Test

See https://www.gov.uk/government/publications/terms-and-conditions-for-booking-and-taking-the-life-in-the-uk-test/identification-requirements-accessible-version

[British Lawyer]

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

>>> Government review of investor visa scheme confirms permanent closure of route: https://questions-statements.parliament.uk/written-statements/detail/2023-01-12/hcws492

The review looked at individuals who had entered the UK between 30 June 2008 and the introduction of reforms to the route in April 2015. The reforms in 2015 included a requirement to open a regulated UK bank account. Despite the changes, after the invasion of Ukraine, the investor was route closed to all new applicants in February 2022.

As part of the review, the Home Office considered 6,312 Tier 1 (Investor) migrants and adult dependents with a view to ascertaining whether they had potential links to criminality or other risk factors. A small number of individuals were “potentially at high risk of having obtained wealth through corruption or other illicit financial activity, and/or being engaged in serious and organised crime”. Law enforcement are taking appropriate action where necessary. Immigration action is also being considered, where appropriate. The Home Office has already sanctioned ten oligarchs who had previously used this route as part of the UK’s response to Russian aggression in Ukraine.

The Home Office is “robust” in appropriately refusing leave:

“During the operation of the Tier 1 (Investor) visa programme the route has had a refusal rate for main applicants and their dependents of 7.9% for Entry Clearance applications, 4% for Leave to Remain applications, for main applicants seeking Indefinite Leave to remain (settlement) the refusal rate is 2.2%.”

The review also weighed up the wider risk factors of the route as it was designed at the time, with its overall economic benefit. When looking at the route both before and after the 2015 reform, there was no evidence of a systematic failure of financial institutions carrying out due diligence checks. A number of institutions with weaker checks were sought out by individuals wanting to apply for the visa and since then, a number of fines have been issued by the Financial Conduct Authority.

The Home Office found that “there are inherent difficulties in an investment-based immigration route based on passive wealth, both in terms of security and economic value.” The risks inherent with this visa category required specialist caseworkers, expertise in detecting financial criminality. The UK’s immigration system was not equipped with this.

!!!!!!Any future route introduced to facilitate investment should not offer entry to the UK solely on the basis of the applicant’s personal wealth !!!!

Alternative options continue to be considered, including placing more emphasis on the applicants track record as an investor in innovative business and their future engagement in innovative activities in the UK. For now, the government will ensure such mistakes are not repeated.

[British Lawyer]

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

>>> Help with your visa application or other problems: https://www.gov.uk/contact-ukvi-inside-outside-uk/y/outside-the-uk/something-else/english

Contact the Home Office if you have:

- general queries about applying for a visa to come to the UK
- questions about the progress of your application
- technical problems with your application
- made a mistake in your online application
- problems logging into your account or with your password
- problems with making a payment to UKVI online or pending payments

Contact centre staff cannot give you advice about your personal circumstances

>>> Home Office asylum caseworkers offered bonuses in effort to reduce exits: https://www.civilserviceworld.com/professions/article/home-office-asylum-backlog-caseworkers-retention-bonuses-braverman-rycroft

>>> Immigration and nationality refunds policy: caseworker guidance: https://www.gov.uk/government/publications/immigration-and-nationality-refunds-policy

[British Lawyer]

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

>>> Work Rights Centre Report: ‘On the frontline: London councils’ responses to the humanitarian crisis in Ukraine’ 

‘The report is an important window into the struggles that councils have been facing, and it addresses limitations in the government’s approach.

Some of the headline findings authorities raised with us include:

- Difficulties in supporting those on the Ukraine Family Scheme without government funding - many Ukrainians on the scheme are now presenting to local councils as homeless, and they are struggling to cope with this demand;
- Ukrainians at risk of exploitation - due to data validation issues and issues in communication between authorities, DLUHC and the Home Office, some visas on the Homes for Ukraine Scheme were approved without councils having completed appropriate checks on properties/sponsors. In at least one case, a guest had to be moved because of a sponsor’s DBS record;
- Frontline staff are suffering - with teams suffering anxiety and emotional distress due to the overwhelming pressure they are under.

To tackle the issues raised by authorities, we are calling for two central recommendations:

- A new strategy for refugee integration - that can coordinate the response to different groups of arrivals, clarify local authorities’ roles and expectations and coordinate the involvement of different government departments; and 
- Prioritise housing - give Ukrainian arrivals a real sense of the state of the UK’s housing from the outset, as well as resetting LHA rates and committing to more affordable housing stock as a national priority.’

>>> Ukraine Visa Schemes: 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

>>> Application for review when British citizenship is refused: form NR

https://www.gov.uk/government/publications/application-for-review-when-british-citizenship-is-refused-form-nr?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=ef1d4dfb-80b4-4fab-9805-14a9d04de16e&utm_content=immediately
 

[British Lawyer]

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

>>> Electronic travel authorisation for non-EU nationals who do not need a visa to enter the EU: https://commonslibrary.parliament.uk/the-eu-entry-exit-system-and-eu-travel-authorisation-system/

From the House of Commons Library's note about the upcoming implementation of two schemes:

"EU Entry/Exit System (EES) which is an automated system for registering travellers from non-EU countries, including the UK, each time they cross an external EU border European Travel Information and Authorisation System (ETIAS) which is travel authorisation to enter the EU, including the UK, for citizens of non-EU countries who do not require a visa to enter the EU

EU Entry/Exit System

Due to be introduced by the end of 2023, this will be an automated system for registering travellers each time they enter and exit the EU. Travellers will scan their passports at an automated kiosk prior to crossing the border.

It will apply when entering all EU states (except Ireland and Cyprus) and four EEA states. Ireland will not operate the EES system because of the Common Travel Area. Non-EU nationals who are legally resident or have long-term visas will be exempt from EES.

European Travel Information and Authorisation System
Currently scheduled to open in November 2023 (though further delays are possible), this will similarly apply to non-EU citizens, including UK citizens, travelling to all member states except Ireland. It will also apply to the four EEA countries.

When non-EU citizens who do not require a visa travel to these countries, they will have to first apply for pre-travel authorisation via ETIAS.

Applications for an ETIAS authorisation will be made online or via a mobile app. Applicants will be checked against EU information systems for borders and security. According to the European Commission, a travel authorisation will be issued within minutes in most cases. However, some applicants may require further checks, which could delay authorisation for up to 30 days.

The ETIAS authorisation will last for three years (after which it will need to be renewed for future visits), or until the holder’s passport expires (whichever is sooner). It will cost €7 for people aged 18 to 70. However, it will be free for under-18s and over-70s.

UK nationals and their family members who have the right to reside in the EU under the Withdrawal Agreement and have documents evidencing this are exempt from ETIAS, as is anyone who holds a residence permit for any of the ETIAS countries.

[British Lawyer]

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

>>> Permission needs to be properly sought for video link evidence from abroad: https://www.bailii.org/ew/cases/EWCA/Civ/2023/29.html

A judgment in the Court of Appeal confirms that a country’s permission needs to be properly sought before video link evidence can be heard from someone in that country. The case is Raza v Secretary of State for the Home Department [2023] EWCA Civ 29. 

[British Lawyer]

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

>>> Durable partner rules dumbfound the Upper Tribunal: https://www.bailii.org/uk/cases/UKAITUR/2023/EA138702021.html

It is not often you’ll see an Upper Tribunal judge simply concede defeat trying to understand what on earth the immigration rules mean, but this is exactly what happened in this unreported Appendix EU durable partner appeal. For those who have battled the complexities of Appendix EU, there is some relief in finding that members of the judiciary appear to experience the same feelings of dread on having to re-read the same Annex 1 definition for the umpteenth time.

[British Lawyer]

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

>>> Immigration enforcement surge since pledge to tackle illegal working: https://www.gov.uk/government/news/immigration-enforcement-surge-since-pledge-to-tackle-illegal-working?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=c1afee0a-15fa-4444-a89a-e4a8f2ff1c38&utm_content=immediately

The Home Office has ramped up immigration enforcement activity in the month since the Prime Minister’s pledge to boost raids on illegal working. 
A total of 1,152 immigration enforcement visits have taken place across the UK to identify illegal working since 11 December, marking an almost 10% rise on visits completed in the previous 5 weeks.

>>> New passport application fees: https://www.gov.uk/government/news/proposed-changes-to-passport-application-fees?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=fd7304d7-eaf1-49da-ad60-f69fed3a753c&utm_content=immediately

The government is introducing new passport fees for all applications on 2 February 2023. 

>>> Ukraine Visa Schemes: 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

[British Lawyer]

Home Office online applications Documents Sorting List / Recommendations:

[British Lawyer]

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

>>> Kyiv visa application centre re-opening: https://pos.tlscontact.com/kbp_en/home#kyiv-reopening

The visa application centre in Kyiv re-opened on 30 January 2023. 

The announcement says:

Kyiv visa application centre re-opening: The TLScontact Visa Application Centre (VAC) in Kyiv re-opened on 30 January 2023 for all applications for UK visas that need to submit their biometrics and passports before travelling to the UK.

The VAC will only be open for limited numbers of appointments per day, and may need to close at short notice for security reasons or because of unscheduled power cuts.

You will be able to keep your passport with you after submitting your biometrics.

Please note that if your application is successful, you will need to travel to Warsaw, Poland, to collect your visa to enter the UK. You will not be able to collect your visa in Kyiv.

[British Lawyer]

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

>>> Accepted DNA test laboratories - Get a DNA test - Home Office official Guidance: https://www.gov.uk/get-a-dna-test

 

Изменено 2 февраля, 2023 пользователем British Lawyer

[British Lawyer]

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

>>> Tech Nation announces it will cease operations on 31st March 2023

The Tech Nation has been the main Endorsing Body for the applicants under the popular Global Talent and the Innovator routes

This is worrying as under the current Rules, Part 9:

Endorsing body no longer approved

9.32.1. Where a person has entry clearance or permission on the Global Talent, Start-up or Innovator route their entry clearance or permission may be cancelled if their endorsing body ceases to hold that status for the route in which they were endorsed."

The Home Office currently said that "We are working closely with Tech Nation to ensure continuity of the digitech strand of the Global Talent visa in the short term, whilst we explore necessary long term changes in light of Tech Nation’s future closure".

 

[British Lawyer]

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

>>> New Home Office site in Stoke-on-Trent

The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme.

Stoke-on-Trent Campus update

•The Home Office is opening a new hub in Stoke-on-Trent as part of the Places for Growth Programme. With around 500 roles expected over 5 years, the Home Office is to become a major employer in the city for the first time.
•The new hub in Stoke-on-Trent will support a range of functions, which will be pivotal in operational activity across the country, including a national asylum customer communication hub, along with other operational and enabling teams.
•As part of meeting our commitment, our Stoke-on-Trent hub programme team are supporting significant recruitment and outreach activity in Stoke-on-Trent and across Staffordshire to encourage people from all backgrounds to consider a career in the new hub, and to change perceptions in the community of the Home Office.

>>> Apply for a Ukraine Family Scheme visa (3 visa types): https://www.gov.uk/guidance/apply-for-a-ukraine-family-scheme-visa?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=4459caa5-ba6f-415c-8d32-4e348a6e944f&utm_content=immediately

>>> Ukraine Visa Schemes: 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: 265,500

Data is as of 31 January 2023 and comprised of:

Ukraine Family Scheme: 84,600

Ukraine Sponsorship Scheme: 180,900

 

[British Lawyer]

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

>>> Is there any travel restrictions, while citizen application is being processed ?

Yes, subject to the Designated Area Offence: https://www.gov.uk/government/publications/operating-within-counter-terrorism-legislation/for-information-note-operating-within-counter-terrorism-legislation#designated-area-offence

>>> Indefinite leave to remain if you have family in the UK: https://www.gov.uk/indefinite-leave-to-remain-family#when-to-apply  - Applying for IRL 28 days before reaching the ILR period

"You can apply once you’re eligible.

If you’re applying as a parent or a partner with a family visa, the earliest you can apply is 28 days before you meet the requirements for time spent in the UK. Your application may be refused if you apply earlier.

Do not wait until your current visa expires. If your visa expires before you can apply for indefinite leave to remain, you’ll need to renew it first."

[British Lawyer]

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

>>> Home Office accepts court defeat on EU Settlement Scheme: https://www.bbc.com/news/uk-politics-64663795

A High Court judgement that regulations affecting more than 2.5m EU citizens living in the UK are unlawful will not be challenged by the government.

The Home Office said the judgement was now law, and it was working to implement it "as swiftly as possible".

A spokesman said: "Those with pre-settled status are encouraged to apply for settled status as soon as they are eligible, so they can obtain secure evidence of their right of permanent residence in the UK."

[British Lawyer]

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

>>> Caseworker guidance: Immigration and nationality refunds policy: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1136308/Immigration_and_nationality_refunds_policy.pdf

The ‘Immigration and nationality refunds policy’ has been updated with 'Clarifications throughout the guidance and to the following sections: 

• Authorisation
• Invalid Applications
• Priority services
• Update to Registered Traveller section

 

[British Lawyer]

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

>>> Is the fee waiver option available for Settlement under 5 years under the form SET(M) ?

The answer is "No": https://freemovement.org.uk/fee-waiver-policy-who-qualifies-and-what-does-the-home-office-policy-say/

"Importantly, applications for indefinite leave to remain, even if based on a human rights claim, are not covered. Applicants can end up extending their temporary leave forever, until they can afford the indefinite leave to remain fee."

>>> Can I live in the UK if I have an Isle of Man BN(O) visa?

See https://kinleylegal.com/immigration/bno-visa/

If you intend to live in the UK, you should apply for the UK BN(O) Visa rather than in the Isle of Man. However, if you are granted an Isle of Man BN(O) Visa and at some point after arrival decide to move to the UK instead, we do not expect that you will have to re-apply for the UK BN(O) Visa. Provided that you comply with the conditions of the visa, you can visit the UK without restriction on an Isle of Man BN(O) Visa, including having a second home there.

[British Lawyer]

28 февраля 2023 г. – Только полезные и интересные новости и обновления иммиграционного законодательства Великобритании и ЕЭЗ от Юридического центра – Работает 7 дней в неделю – www.legalcentre.org – +44(0)3300010342, +44(0)7791145923 (WhatsApp/Viber )

>>> Отчет Британского Красного Креста по изучению британских визовых схем для Украины: https://www.redcross.org.uk/fleeing-fearing-facing-the-future
Спустя год после вторжения России в Украину Британский Красный Крест опубликовал отчет под названием «Страх, бегство, взгляд в будущее: как люди, перемещенные в результате конфликта в Украине, ищут безопасности в Великобритании».
 

 

[British Lawyer]

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

>>> I am an overstaer (for a long time) in the UK. May my application be refused if I return Home to get married and lodge an application as a spouse of a British citizen ?

The answer is "May be" as the Home Office changed the relevant Rules some time ago, removing the "immunity" for the spouse of the British citizens who remained in the UK illegally in the past.

See https://www.gov.uk/guidance/immigration-rules/immigration-rules-part-9-grounds-for-refusal#previous-breach-of-immigration-laws-grounds

Namely:

" Para 9.8.2. An application for entry clearance or permission to enter may be refused where:

(a) the applicant has previously breached immigration laws; and

(b) the application was made outside the relevant time period in paragraph 9.8.7; and

(c) the applicant has previously contrived in a significant way to frustrate the intention of the rules, or there are other aggravating circumstances (in addition to the immigration breach), such as a failure to cooperate with the documentation process, such as using a false identity, or a failure to comply with enforcement processes, such as failing to report, or absconding.

>>> I am a student in the UK. Can I work remitely for the Emplyer OUTSIDE THE UK ?

The answer is "No": https://www.ukcisa.org.uk/blog/6257/A-working-definition

If you personally are physically outside the UK, any conditions of a UK visa you hold are irrelevant, including the work conditions. The UK government has no jurisdiction over and no interest in your work activites when you are not even in the UK.

You will of course need check what are your work rights in the specific country where you are working.

However, any work you do when you are physically in the UK, for example working for a non-UK employer remotely or doing a “virtual internship” with them, counts towards your weekly 10 or 20 hour maximum. This is because the Student work restriction has no specific exception for work undertaken for an employer who is outside the UK.

>>> Upper Tribunal confirms undocumented extended family members cannot benefit from EU Settled Status scheme: https://tribunalsdecisions.service.gov.uk/utiac/2022-ukut-00219

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 aspect of the decision will be considered in a separate blog post, coming soon. 

>>> Local authority’s challenge against accommodating unaccompanied asylum seeking children fails

In R (Medway Council) v Secretary of State for the Home Department [2023] EWHC 77 (Admin), a local authority challenged the Home Office’s decision to force them to comply with the National Transfer Scheme (NTS), set up to spread the responsibility of accommodating unaccompanied asylum-seeking children between local authorities.

The NTS followed on the back of their being disproportionately higher numbers of asylum-seekers arriving in Kent (through the port of Dover) and in the London Borough of Hillingdon (through Heathrow Airport). The aim was to ensure an equitable distribution of asylum seekers and to spread the load to other local authorities. Knowing that local authorities might protest at this idea, the Home Office had powers to compel local authorities to comply so long as it would not “unduly prejudice” them, under section 72(4) of the Immigration Act 2016.

Medway Council argued that their children’s services had been ranked by OFSTED as ‘inadequate’ and their ‘in-area’ accommodation for looked-after children was at capacity. The Court accepted that unilaterally being forced to house asylum-seekers meant some prejudice was inevitable for local authorities, but the question was whether the prejudice was “undue”. A local authority would only be exempt from participating in the NTS in “circumstances of crisis amounting to a complete breakdown”.

This is an eminently sensible decision by the High Court, who noted that Medway’s unaccompanied asylum-seeking children population was significantly lower than the regional average, and it had not participated in the voluntary NTS at any time. Budgetary constraints and lack of resources seem to be universal excuses across local authorities, but they cannot trump the more important duty to safeguard and promote the welfare of children, some of whom will have had harrowing experiences which brought them to the UK.

[British Lawyer]

>>> Sopra Steria Documen Upload Development

The change is expected to take place in early May 2023

A summary of the changes being made is as follows:

- Adding a dynamic information box – Message tailored by applicant type, appointment booking status, services booked etc. (right message to the right user at the right time)
- Removal of categories from the front end
- Bulk upload feature
- Prompt for file descriptions
- Simplified content that is easier to digest
- Adding a dynamic space to inform applicants of extra services that they can buy to help with their documents.

>>> The Start Up immigration category lives on

The Home Office decides to maintain and does not close the Start Up immigration category

[British Lawyer]

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

>>> Border Force Strikes (15/16 March 2023): https://www.gov.uk/government/news/arrivals-to-the-uk-told-to-prepare-for-disruption-on-15-march?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=9c3d5901-87be-4b15-b952-983b231fa11b&utm_content=immediately

Arrivals to the UK told to prepare for disruption on 15 March

The UK government has undertaken extensive planning to minimise disruption, reduce queues and keep our border safe ahead of Border Force strike action.

>>> Paying an NHS debt (9 March 2023) Guidance: https://www.gov.uk/guidance/paying-an-nhs-debt?utm_medium=email&utm_campaign=govuk-notifications-topic&utm_source=3a79e09a-bcc6-4979-ad05-755d05022613&utm_content=immediately

>>> 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: 275,200
Data is as of 7 March 2023 and comprised of:

Ukraine Family Scheme: 89,300
Ukraine Sponsorship Scheme: 185,900
Total Ukraine Scheme visas issued to people: 221,200

Data is as of 7 March 2023 and comprised of:

- Ukraine Family Scheme visas: 66,600
- Ukraine Sponsorship Scheme visas: 154,700

Total arrivals of Ukraine Scheme visa-holders in the UK: 165,700
Data is as of 6 March 2023 and comprised of:

- arrivals via Ukraine Family Scheme: 48,600

- arrivals via Ukraine Sponsorship Scheme: 117,100

[British Lawyer]

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

>>> Spring budget migration announcements:https://www.gov.uk/government/publications/spring-budget-2023

Construction workers

The Migration Advisory Committee (MAC) review of the shortage occupation list will conclude later this year. An interim report on the construction and hospitality sector was published yesterday.  

The construction and hospitality sectors account for 6% and 7% of all workforce jobs respectively. Currently, 30% of all jobs in construction are also self-employed. Self-employed workers are not eligible for the Skilled Worker visa route.

Five construction occupations be added to the shortage occupation list sometime before the summer parliamentary recess, which will allow sponsoring companies to pay workers in the roles 20% less than the mandatory minimum salary for sponsorship; £20,960 rather than £26,200. The roles are:

-Bricklayers and masons
-Roofers, roof tilers and slaters
-Carpenters and joiners
-Plasters and dryliners; and
-Construction and building trades not elsewhere classified.

But aside from a slightly lower application fee of £479, rather than £625 (or £719 if you are extending your visa from inside the UK), there is little additional benefit. Employers will still be subject to the Immigration Skills Charge (up to £1,000 per year). And there is no exemption from the English language requirement, which for many people is the real barrier to the visa, not the costs or salary.

Ukraine Visa Scheme employment support

There was also an announcement of an extension of the support provided to Ukrainians who arrived in the UK under the Ukraine Visa Schemes. £11.5 million will be provided for intensive English language courses and employment support for up to 10,000 people.

The government say that “this new funding is expected to boost the number of Ukrainians entering the labour market for the first time, as well as helping those already employed into higher-skilled roles”. With past reputation in mind, it is unclear whether government departments are working together to effectively provide long-term support for Ukrainian nationals, with ongoing visa scheme support being announced in the future, or whether this is a short-term goal ahead of an election year.

Given that Ukraine scheme visas last a maximum of three years and no clear indication about the future of the Ukrainian Schemes, many are only likely to be able to access fairly low-skill roles involving relatively short term employment. Employers are unlikely to invest in staff with the (currently) uncertain future. Some further clarification now would be useful both to Ukrainians and to employers.

Business visitor visa

The changes expected in autumn 2023 will include expanding the range of short-term business activities that can be carried out for periods of up to six months, as well as a review of permitted paid engagements. A wider range of activities linked to negotiations with trade partners will also be considered by the government in the coming months.

The changes will also apply to non-visa national business visitors, such as those from the EU or America.

As with all government announcements of this kind, one has to wait and see how they work in practice, and whether their implementation will be useful to those utilising these visa routes.

One has to wait until at least the end of 2023 to see whether the number of construction workers choosing to apply for Skilled Worker visa’s increases with the addition of these roles to the Shortage Occupation List, though with the English language requirement still in place, it is likely that many will still find they cannot enter the trade as a sponsored worker.

The changes to the business visitor visa parameters might be more immediately welcomed, as more people are having to battle with the visitor visa work limitations post-Brexit. The visitor visa rules remain up to broad interpretation for now, and we await to see how these will be amended in the autumn statement of changes to the immigration rules.

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

>>> Can a refugee switch into another visa type in-country ?

The answer is "may be" on the bases of, for example, requirement for the so-called "UK Spouse Visa" (Appendix FM), namely:

Immigration status requirements

E-LTRP.2.1. The applicant must not be in the UK-

(a) as a visitor; or
(b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings
E-LTRP.2.2. The applicant must not be in the UK –

(a) on immigration bail, unless:
(i) the Secretary of State is satisfied that the applicant arrived in the UK more than 6 months prior to the date of application; and
(ii) paragraph EX.1. applies; or
(b) in breach of immigration laws (except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded), unless paragraph EX.1. applies.

[British Lawyer]

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

>>> Electronic Travel Authorisation (ETA) Rules

From the Home Office:

One of the government’s priorities is securing the UK’s border and keeping our people safe by ensuring that everyone wishing to travel to the UK (except British and Irish citizens) has permission to do so in advance of travel. To fill the current gap in advance permissions the government is introducing an Electronic Travel Authorisation (ETA) scheme. The ETA Scheme will apply to those passengers visiting the UK or transiting the UK who do not need a visa for short stays. British and Irish citizens will not be required to obtain an ETA.  

These rules set out how the scheme will be administered.  The rules make clear who is required to apply for and obtain an ETA prior to travelling to the United Kingdom; the form or manner in which an application for an ETA may be made, granted or refused and specify the conditions which must be met before an application for an ETA may be granted. The Rules also stipulate how long an ETA will be valid for, the conditions under which it may be varied or cancelled and any exceptions to the requirement to obtain one.  
As you may be aware, the UK and Ireland have been giving consideration to whether there is scope for a workable UK/Ireland data-sharing solution to determine whether a person is a lawful resident of Ireland and could therefore potentially be exempt from the ETA requirement. I am pleased to confirm that the Government will be exempting Third Country Nationals legally resident in Ireland from the requirement to obtain an Electronic Travel Authorisation when travelling to the UK on a journey within the Common Travel Area. In order to benefit from this exemption, if required by a UK immigration official, non-Irish residents of Ireland will need to present physical evidence which demonstrates that they are legally resident in Ireland, The Home Office will provide guidance in due course on acceptable evidence.  

The ETA scheme will be implemented in a phased manner, on a nationality basis, over the next two years. Qatar, Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia, and Jordan, will be the first countries to benefit from the ETA scheme, allowing them to move to non-visa national status. The Home Office will provide further details about which countries will be next to benefit from the ETA scheme in due course. 

Information and guidance about the scheme can be found here: https://homeoffice.brandworkz.com/BMS/albums/?album=3058&lightboxAccessID=C31278D3-84AE-4022-B1D2FF02E57D1442

The Home Office has also produced a communications pack about the ETA Scheme containing:

1. Key messages
2. Stakeholder factsheet
3. Ireland and Northern Ireland stakeholder factsheet
4. Social media assets and supporting post copy
5. ‘What is an ETA?’ guidance video
6. ETA GOV.UK webpage

The pack can be downloaded here: https://visas-immigration.service.gov.uk/expired/0609be84-26b6-4c12-b669-5094dc0d9a52

>>> Right to work checklist: https://www.gov.uk/government/publications/right-to-work-checklist/employers-right-to-work-checklist-accessible-version
The list for employers to check if their staff have the right to work in the UK has been updated to reflect the changes made on 28 February to the ‘Right to work checks: an employer’s guide’.

>>> Ukraine Visa Schemes: visa current 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

>>> Sponsor a seasonal worker Guidance: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1142763/Sponsor-a-Seasonal-Worker-03-23_v1.0.pdf

The Guidance for sponsors on sponsoring a seasonal worker has been updated with the following changes:
• ‘a concession has been added which allows workers to re-enter the UK after 5 months of leaving.
• new salary requirements which will come into effect from April have been noted.
• other minor housekeeping changes’.
This version of the guidance is valid from 9 March 2023.