Важные судебные решения и новости для иммигрантов

[British Lawyer]

[British Lawyer]

In a Written Statement made on 30 July 2024, the Home Secretary confirmed that a number of changes introduced by the previous government will continue to be implemented, namely:
•    Restricting most overseas students from bringing family members to the UK.
•    Restricting the ability of care workers and senior care workers to bring dependants with them and requiring all care providers sponsoring migrants to register with the Care Quality Commission.
•    Increasing the general salary threshold for those arriving on Skilled Worker visas by 48% from £26,200 to £38,700.
•    Abolishing the 20% going rate discount so that employers can no longer pay migrants less than UK workers in shortage occupations.
She also announced:
•    The Migration Advisory Committee (MAC) will review the financial requirements in the Family Immigration Rules; the Minimum Income Requirement, currently set at £29,000, will not be changed until the review is complete.
•    Skills England, the Industrial Strategy Council, the Labour Market Advisory Board and MAC will form ‘a new framework to support a coherent approach to skills, migration and labour market policy’. MAC will also be strengthened so it can ‘highlight key sectors where labour market failures mean there is over-reliance on international recruitment’.
•    The measures announced by the previous government on 23 May 2024 regarding the regulation of the recruitment of international students, tougher compliance standards for institutions recruiting students from overseas, and raising of financial maintenance requirements, will be continued.  
 

[British Lawyer]

Легализация в Великобритании через ребенка

 

 

[British Lawyer]

Мое первое иммиграционное заявление в 1993 году (UK)

Рассказываю о том, как подавались заявление для приезда в Великобританию в далеком 1993 году.

 

 

Edited August 3 by British Lawyer

[British Lawyer]

Отсутствовать можно больше  - ILR Long Residence (UK)

Рассказываю об изменениях, произошедших в 2024 года в отношении заявления на ПМЖ (ILR) на основании долгого и легального проживания в Великобритании на протяжении 10 лет.

 

 

Виза для обеспеченных пенсионеров и работающих гостей.

Рассказываю о необычных британских визовых категориях, которые были популярны в прошлом.

 

[British Lawyer]

 

 

>>> Important information from the Future Borders and Immigration System (FBIS) regarding the eVisa/Digital Status

'From today (6 August 2024) if people have a biometric residence permit (BRP) that expires on 31 December 2024, they can now create a UKVI account and access their eVisa. They should do this before the expiry date of their BRP. They can use their travel document, such as a passport, or visa application reference number to create their UKVI account if they have lost their BRP card.
They should only request a replacement BRP if it has been lost or stolen and they have no other form of identity document to create a UKVI account.

If they cannot see their eVisa details as soon as they create their UKVI account, they do not need to anything. UKVI will contact them directly by email once their eVisa is available to view. They can use their BRP to prove their immigration status until their eVisa details are available.
 
For further information please see www.gov.uk/evisa 
 

Edited August 6 by British Lawyer

[British Lawyer]

08 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Changes to the Home Office commercial partner visa application services: Changes to the commercial partner visa application services - GOV.UK (www.gov.uk)

From the Home Office: 

"Applications inside the UK

In Autumn 2024, the commercial partner for UK Visa and Citizenship Application Services will change from Sopra Steria to TLScontact. The exact date will be added to this page in advance.
You do not need to take any actions.

This change will not affect:

•    the decision on your application
•    how long it takes to get a decision
•    how many appointments are available

Applications outside the UK

Between September 2024 and January 2025, the commercial partner will change from TLScontact to VFS Global in some locations in:

•    Africa
•    Europe
•    the Middle East
•    central Asia

Other parts of the world are not affected.

What you need to do

If your application is affected, you will get emails from TLScontact and VFS Global.

Read all emails you receive from TLScontact and VFS Global. They may have actions you need to take to continue your application.
Check your junk folders to make sure you have not missed anything.

What will not be affected

These changes will not affect:

•    the decision on your application
•    how long it takes to get a decision

Locations changing commercial partner

Belgium

The visa application centre in Belgium will be operated by VFS Global from 3 September 2024. From this date, you will book your appointment with VFS Global.

If you have booked an appointment with TLScontact, you should attend it as normal.

Check your email confirmation for the address of your appointment.

Other locations

More locations will be added to this page. Get emails about this page to find out when it is updated.

Find a visa application centre for opening times, addresses and contact details."

[British Lawyer]

Когда нужно обращаться к юристу в контексте британского иммиграционного права.

 

Просто и понятно о ситуациях, когда нужно обращаться к юристу по вопросам британского иммиграционного права, визовых заявлений, ПМЖ, гражданства и т.п.

 

 

[British Lawyer]

13 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Travel to the UK with a valid national identity card: Eligible EU and EEA EFTA citizens, along with their EU and EEA EFTA citizen family members

From the Home Office:

“The Independent Monitoring Authority for the Citizens’ Rights Agreement (IMA) is issuing a reminder about the right to travel to the UK with a valid national identity card.

Eligible EU and EEA EFTA citizens, along with their EU and EEA EFTA citizen family members, can travel to the UK using a valid national identity card. To do so, that identity document should be registered to the UK Visas and Immigration (UKVI) account they used or created in applying to the EU Settlement Scheme (EUSS).
 
It is advised that individuals register all their identity travel documents to their UKVI account. Information on who is eligible to travel to the UK with a valid national identity card, and their use at the border, can be found on GOV.UK.

In previous years; the IMA has been made aware of EU and EEA EFTA citizens, with the right to travel to the UK with a valid national identity card, encountering difficulties with carriers asking them to provide proof of their status under the EUSS or denying boarding where a valid national identity card has been provided rather than a passport.

Pam Everett, Operations Director for the IMA said, “With the summer holiday season now upon us, we are reassuring eligible citizens that they can travel using a valid national identity card, which they should register to their UKVI account.

“We are also reminding carriers that they are not currently required to check an EU or EEA EFTA citizen’s immigration status, or their entitlement to travel on a valid national identity card, when deciding whether to bring them to the UK. They only need to check that they have a valid passport or national identity card.
“We would encourage citizens planning to travel to familiarise themselves with the procedure at the UK border and to be fully aware of their rights when travelling to or from the UK”.

The IMA would encourage citizens and their family members to contact us via our website or complaints portal if they are experiencing difficulties travelling this summer.”
 

[British Lawyer]

15 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)


>>> Repeat LATE applications under the EU Settlement Scheme – be careful !

EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members (accessible) - GOV.UK (www.gov.uk)

“Repeat applications

Where a person has already made an in-time application to the EU Settlement Scheme, and this application has been refused, they will not normally be able to make a late application to the scheme based on there being reasonable grounds for their delay in making their application, as they previously met the deadline applicable to them. Consistent with the Citizens’ Rights Agreements, the decision on their in- time application will have considered whether they qualify for status under the EU Settlement Scheme, subject to any application for appeal or (where the eligible decision was made before 5 October 2023) administrative review.”


 

[British Lawyer]

22 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Upper Tribunal says that article 8 rights of overseas family members must be considered: https://tribunalsdecisions.service.gov.uk/utiac/2024-ukut-00234 

The Upper Tribunal has said that where family life exists, the Article 8 rights of family members overseas need to be taken into account and it is wrong to focus only on the rights of the UK based sponsor. Following on from that, the refusal to grant entry clearance to a Syrian family was held to be unlawful. The case is Al Hassan (Article 8, entry clearance, KF (Syria)) [2024] UKUT 00234.

Headnote:

"1. The jurisdiction of the Human Rights Convention is primarily territorial, but as observed in SSHD v Abbas [2017] EWCA Civ 1393, family life is unitary in nature with the consequence that the interference with the family life of one is an interference with the rights of all those within the ambit of the family whose rights are engaged.

2. Properly interpreted, KF and others (entry clearance, relatives of refugees) Syria [2019] UKUT 413 is not authority for the proposition that it is only a UK based sponsor whose rights are engaged. while the rights of the person or persons in the United Kingdom may well be a starting point, and that there must be an intensive fact-sensitive exercise to decide whether there would be disproportionate interference, it is not correct law to focus exclusively on the sponsor’s rights; to do so risks a failure properly to focus on the family unit as a whole and the rights of all of those concerned, contrary to SSHD v Abbas.”

 

[British Lawyer]

23 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> How does one travel with the eVisa after the 31st December 2024 ?

As of August 2024, according to ILPA, some carriers (but not ALL yet) are expected to produce Boarding Passes that will be linked to the UK eVisas, from January 2025.

>>> Visa nationals who have a valid pending application to the EU Settlement Scheme are advised NOT to travel to the UK until their application is granted unless they hold a valid visa or visa exemption document.  A Certificate of Application or Acknowledgement of Application is not satisfactory evidence of status".

See https://the3million.org.uk/travel-to-the-uk

>>> Victims of Domestic Violence under the EU Pre-Settled Status

According to the Home Office, holders of the EU Pre-Settled Status, who become victims of Domestic Violence, may switch into the “UK” Victim of Domestic Violence (VDA) route.

[British Lawyer]

27 August 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> The new definition of the Unmarried Partner (simplified ?)

Note that the Home Office changed the definition of the Unmarried Partner. 

Since summer 2024 there is no requirement for the parties to a durable relationship to have been living together for at least 2 years, as long as the relationship is similar to a marriage or civil partnership.

[British Lawyer]

А вот как выглядит напоминание об оформлении т.н. eVisa для владельцев виз по украинскими схемам: 

 

[British Lawyer]

Переход с гостевой визы на EU Pre Settled Status

Рассказываю о том, как сейчас (снова/пока) можно перейти с гостевой визы на т.н. EU Pre-Settled Status. 

 

[British Lawyer]

Дата брака по категории EU Settled Status Family Permit 

Рассказываю о важности даты заключения брака для приезда в Великобританию по категории  EU Settled Status Family Permit. Это заявление пока рассматривается бесплатно и ведет к ПМЖ (ILR) через 5 лет. 

 

[British Lawyer]

Возможный пересмотр уровня дохода для британских супружеских виз

Рассказываю о возможных планах текущего правительства Великобритании о возможном пересмотре уровня дохода  для британских супружеских виз

 

[British Lawyer]

05 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> A reminder that the Home Office now no longer requires the UK Employers to renew their Sponsor Licenses

As such, sponsors with licenses expiring after the 6th April 2024, will not need to submit a renewal application or pay a renewal fee. 
Furthermore, in anticipation of these changes, the authorities have also automatically extended the validity of all licenses expiring after April 6, 2024, for 10 years (previously the validity period was limited to 4 years).
 

[British Lawyer]

06 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Pursuing compensation from the Home Office

The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by means of a court case. Unlawful detention is one example and retention of a passport can be another but pursuing a case is fraught with difficulty and risk.

What about other situations, such as loss of documents, mistaken identity, ruining a wedding based on duff “intelligence” or losing a job?

There is a little known scheme operated by the Home Office that enables compensation claims to be made without the intervention of the court. This is set out in the “Ex-Gratia Payments Financial Redress Guidance”. This explains that “An ‘ex-gratia’ payment is a sum of money paid when there is no obligation or liability to pay it.” A distinction is drawn between this and ‘compensation’ payments that “must be awarded by the court”.

The guidance explains that these claims are expected to be made within three months of the complaint being resolved or an issue taking place and no later than six years from the date of the event giving rise to the claim.

Documentary evidence is explicitly not required [paragraph 1.2.3 of the guidance] and where it is unclear about whether or not the event occurred or an assertion is true then a decision will be made on the balance of probabilities [1.2.4].

There are two grounds on which a request for an ex gratia payment can be made. The first is maladministration and examples given in the guidance include losing documents (less likely now that most documents are provided electronically), incorrectly addressed correspondence (including where grant letters have been sent to the wrong address leading to a loss of ability to claim backdated benefits), defacing or invalidating documents, taking incorrect action (such as endorsing a grant of leave with the wrong conditions), failure to respond to correspondence and giving incorrect advice.

Issues that are expressly described in the guidance as not amounting to maladministration include delays and cases that have been put on hold pending a policy change.  

The other basis on which an ex gratia payment can be claimed and made are where there are exceptional circumstances. This is where there has not been maladministration but someone has incurred expenses, the example given is if computer systems go down and people with appointments at contact centres incur additional expenses to make or travel to another appointment.

The general position is that payments will only be made for financial losses, the guidance states that “Consolatory payments for non-financial loss will only be paid in exceptional circumstances and only where there are sufficiently compelling circumstances to justify such a payment.” Consolatory payment can be made where the person has suffered injustice or hardship arising from “serious and persistent errors” [1.6.4].

A table in the guidance provides a list of circumstances where an ex gratia or consolatory payment may be made. This includes where interviews have been cancelled without notice, where delays have been caused by errors for example files being passed between directorates without action being taken and enforcement officers visiting an address wrongfully and incorrectly removing a person from the UK (the suggested payment for this last one is a woeful “Up to £1000”).

Earlier versions of complaints procedure were explicit about the ability to claim for reimbursement of financial loss directly resulting from Home Office errors as well as in exceptional circumstances where there was no financial loss, however the current version merely alludes to it by saying that people should provide “details of any reimbursement issues including papers and receipts to support your claim”. The ex gratia guidance is linked to without further explanation.

Payments from the Home Office can be expected to be few and far between, though, and only where it can clearly be established that the Home Office made a mistake of some sort. If you think you have a case for a payment, it should be pursued through the Home Office complaints process and the losses should be spelled out as clearly as possible and backed up with evidence. The guidance says that the complaints team:

should then send a letter apologising to the customer if maladministration has occurred and ask the customer to submit an ex-gratia claim if they wish along with any evidence to support their claim.

A review process is set out in the guidance and is available where the complainant is unhappy with the outcome of the ex gratia process and if still unhappy following the review, a case can be pursued to the Parliamentary Ombudsman. Substantial compensation can be ordered this way, both for direct financial losses and inconvenience or hurt feelings. There is a procedure that must be followed, which requires the Home Office complaints process to have been exhausted and for a referral to be made via your local Member of Parliament.

The process of seeking an ex gratia payment can be protracted, but all this can be done without the assistance of a lawyer and with no risk of having to pay the legal costs of the other side.
 

[British Lawyer]

Развод с EU партнером в Великобритании (Retained Right of Residence).

Рассказываю о том, как можно остаться жить в Великобритании после развода с EU партнером (Retained Right of Residence).

https://youtu.be/F7AR_zVdYxk
 

[British Lawyer]

11 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> The eVisa and UK Digitalization Process – important information

How will the carriers (airlines etc) know that the person travelling / returning to the UK has the right to do so from 2025 ?

As explained by the Home Office / ILPA today, the carriers will be connected / interfaced to  the Home Office “Person Look Up Data Base / Advanced Passenger Information Date Base” and will be able to check the travellers’ eVisa.

The carriers then will be provided with the following response:

-    GREEN: The traveller is good to go
-    AMBER: The traveller’s details needs to be verified/confirmed with the Home Office
-    RED: The traveller cannot go to the UK

The Home Office intends to provide the 24/7 Carriers’ Help Line.

NB Currently (September 2024) not all the airlines have connected to the Home Office eVisa Data Base.

[British Lawyer]

11 September 2024

Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Fee waivers for bereaved partners, applying for Settlement, in the UK: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-bereaved-partner

Usually, an applicant cannot apply for the Home Office application fee waiver, when applying for Settlement (Indefinite Leave to Remain) in the UK.

The Home Office is now amending the Rules to allow bereaved partners to apply for the fee waiver when they apply to remain in the UK for Settlement. 

[British Lawyer]

Home Office immigration database errors hit more than 76,000 people: https://www.theguardian.com/uk-news/2024/mar/14/home-office-immigration-database-errors-hit-more-than-76000-people

Indeed, more and more people come to our Legal Centre - Private UK & EEA Immigration Lawyers and Advocates, asking for help with the Home Office errors.

[British Lawyer]

16 September 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Challenge to refusal of Tier 1 (Entrepreneur) extension succeeds due to Home Office errors:

https://www.bailii.org/uk/cases/UKUT/IAC/2024/281.html

An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after obvious errors were made both procedurally and in the refusal letter. The case is R (on the application of Ghadam) v Secretary of State for the Home Department (Discretion – further enquiries – s31(2A)) [2024] UKUT 281 (IAC).

 

[British Lawyer]

02 October 2024
Important UK Immigration News and Updates from the Legal Centre
www.legalcentre.org +44 77 911 45 923 (WhatsApp, Viber, Telegram, Skype)

>>> Can a refugee travel on a national passport if they do not have a travel document and never applied for a travel document ?

The answer is, apparently, “No”. See 

https://assets.publishing.service.gov.uk/media/602e3783d3bf7f7221aad81d/English_only_-_web_accessible.pdf

>>> New guidance from the tribunal on witnesses giving evidence from abroad

The President of the First-tier Tribunal (Immigration and Asylum Chamber) has issued Presidential Guidance Note No 2 of 2024 on witnesses giving evidence from abroad, following new arrangements being agreed with HM Courts and Tribunals Service and the Foreign, Commonwealth & Development Office. This has replaced the previous guidance on taking evidence from abroad, Presidential Guidance Note No 4 of 2022:

.
Where a person wants to rely on live oral evidence given by video from overseas, the person will need permission from the tribunal. The requirement for permission does not apply if the evidence is given in writing or if the person giving video evidence is located in the UK, Crown Dependencies or British Overseas Territories.
The guidance sets out the procedure to be followed, including checking whether the country has given permission for live video evidence to be taken from within its jurisdiction and what needs to be done when asking the tribunal for permission.
The guidance also explains how the tribunal will approach the prospect of delays where the FCDO has to contact an overseas embassy and whether or not the tribunal will delay proceedings in order to have the reply. The following factors will be considered:

•    whether it is necessary for the witness to give oral evidence by reference to the disputed issues;
•    whether the witness could address the disputed issues adequately by providing written answers to questions posed by the opposing party; and
•    whether delay could be avoided altogether by the witness travelling to a third country where it is known there are no diplomatic objections to the giving of oral evidence.