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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #651

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    23 November 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Home Office publishes paragraph 322(5) guidance but stands firm on controversial refusals (Tier 1 (General)): https://www.gov.uk/government/public...al-instruction

    The Home Office has published guidance on “paragraph 322(5)” cases following a review of settlement refusals under the controversial rule. The takeaway is that no refusals should be issued without interviewing the applicant first.

    Migrants on a Tier 1 (General) visa who want to settle in the UK have been refused because of discrepancies between tax information provided to HMRC and the earnings information given to the Home Office as part of earlier visa applications. The Home Office thinks that these applicants inflated their income in order to secure their Tier 1 visas.

    The Home Office review says that since January 2015, almost 1,700 indefinite leave to remain applications from Tier 1 (General) migrants have been refused. In 88% of cases, the tax discrepancies amounted to more than £10,000 and so were not considered likely to be an innocent mistake. Most applicants changed their tax returns years after filing them and not long before an ILR application.

    Of the 1,700 cases examined, the Home Office says that it has reversed its decision in 37 and is reconsidering another 19. But it has also lost two thirds of the appeals that have so far gone to the First-tier Tribunal.

    >>> UK and EU agree basics of post-Brexit relationship: https://www.gov.uk/government/public...tent=immediate

    UK and EU negotiators have just published a declaration setting out their ambitions for the future relationship between this country and the remainder of the EU after Brexit.

    Of particular interest is the section on “mobility” (i.e. migration) after Brexit, which is much longer than the couple of lines given over to this subject in an earlier draft published last week. It starts by acknowledging that free movement will end, aims for visa-free travel for short trips and notes that the Common Travel Area between the UK and Ireland is a separate consideration. The relevant section in full:

    “IX. MOBILITY

    50. Noting that the United Kingdom has decided that the principle of free movement of persons between the Union and the United Kingdom will no longer apply, the Parties should establish mobility arrangements, as set out below.
    51. The mobility arrangements will be based on non-discrimination between the Union’s Member States and full reciprocity.
    52. In this context, the Parties aim to provide, through their domestic laws, for visa-free travel for short-term visits.
    53. The Parties agree to consider conditions for entry and stay for purposes such as research, study, training and youth exchanges.
    54. The Parties also agree to consider addressing social security coordination in the light of future movement of persons.
    55. In line with their applicable laws, the Parties will explore the possibility to facilitate the crossing of their respective borders for legitimate travel.
    56. Any provisions will be without prejudice to the Common Travel Area (CTA) arrangements as they apply between the United Kingdom and Ireland.
    57. To support mobility, the Parties confirm their commitment to the effective application of the existing international family law instruments to which they are parties. The Union notes the United Kingdom’s intention to accede to the 2007 Hague Maintenance Convention to which it is currently bound through its Union membership.
    58. The Parties will explore options for judicial cooperation in matrimonial, parental responsibility and other related matters.
    59. These arrangements would be in addition to commitments on temporary entry and stay of natural persons for business purposes in defined areas as referred to in Section III of this Part. Those commitments should not be nullified by the right of either Party to apply their respective laws, regulations and requirements regarding entry, stay and work.”
    The political declaration, like the draft Withdrawal Agreement on the arrangements for divorce, still has to be ratified. Unlike the Withdrawal Agreement, it would not be legally binding.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  2. #652

    По умолчанию

    24 November 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Refugee families suffering domestic violence must get equal treatment: https://www.bailii.org/scot/cases/ScotCS/2016/[2016]CSIH38.html

    A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees, where the spouse has experienced domestic violence.

    Section DVILR of Appendix FM of the Immigration Rules sets out criteria for the granting of indefinite leave to remain (settlement) to victims of domestic violence. While this allows settlement to be granted to spouses of British citizens or persons settled in the UK if the relationship has broken down due to domestic violence while the spouse of the British citizen or settled person has temporary leave, these rules do not apply where the initial applicant (usually the husband) had still to be granted settlement.

    This means that the immigration rules treat non-national spouses of persons with refugee leave less favourably than the spouses of British citizens and persons with settled status.

    The consequences of this discrimination were potentially dire; women in this situation would potentially face deportation if their relationship broke down, and this gave rise to concern that some victims of domestic violence might be compelled to stay in abusive relationships to prevent return to their home country.

    Although this decision was hailed at the time as a victory by campaign groups, the Home Office has still to amend the Immigration Rules to reflect the court’s decision.

    >>> Court of Justice says no real time limit for Dublin III re-examinations: http://curia.europa.eu/juris/documen...=1&cid=4421787

    In Joined Cases C 47/17 and C 48/17 X and X v Staatssecretaris van Veiligheid en Justitie, the Court of Justice of the European Union has ruled that failure to respond to a re-examination request under the Dublin III procedure does not mean that the defaulting member state takes over the asylum claim. The court refused to remedy an apparent deficiency in EU asylum legislation by imposing a sanction for failing to respond. Instead it emphasised that countries must endeavour to meet the deadline in a “spirit of sincere cooperation” even though there are no consequences for failure.

    This issue arises where one member state requests that another “take back” or “take charge” of an asylum seeker, usually because of a fingerprint match which proves they claimed asylum in that other country first. If that member state refuses to accept responsibility, the requesting government can submit a re-examination request with additional evidence.

    The Dublin III system is based on member states complying with strict time limits, so failure to meet a deadline normally means that the defaulting country becomes responsible for dealing with the asylum claim. However, the implementing regulation merely states re-examination requests should be dealt with in two weeks and does not impose any sanction for missing the deadline.

    This anomaly in the legislation creates an incentive for member states to initially refuse to accept responsibility and then ignore re-examination requests. The Court of Justice refused to address this loophole by interpreting the implementing regulation to have implied sanctions for missing the deadline.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  3. #653

    По умолчанию

    27 November 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The Derivative residence does not lead to Permanent Residence – Chen, Zambrano etc (the primary carers of EU children) cases under the EU law

    It is worth remembering that under the Regulation 15 the Derivative residence does not lead to Permanent Residence:

    Reg15(2):

    “Residence in the United Kingdom as a result of a derivative right to reside does not consti***e residence for the purpose of this regulation”
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  4. #654

    По умолчанию

    30 November 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UKVI update on FLR(M) and FLR(FP) applications

    The FLR(M) and the FLR(FP) applications can, until the 9th January 2019, be submitted via some of the PSCs, still:

    “…here is an outline of the customer choices for those applying through the FLR(M) and FLR (FP) routes between the closure of the Premium Service Centres (PSC’s) on the 29th November until the introduction of the Service Support Centres (SSC’s) in January

    Any customer making a FLR(M) or an FLR(FP) application online from the 29th November will have full access to the choice of a standard or a super priority decision. From then, any customers making an online application will be presented with the option to select;

    - UKVCAS or
    - existing services which are the post office or PSC routes.

    If a customer opts for the post office/PSC route and finds they are unable to obtain a PSC appointment they will be able to navigate back and choose to use UKVCAS. This will allow customers who are navigated back to UKVCAS to take advantage of Sopra’s full service offering by paying an additional fee to attend enhanced service points that Sopra Steria offer in local libraries offering them a greater choice of location. We anticipate this will result in an increased take up of SPV applications and to mitigate any impact we are exploring using some existing caseworking capacity within the PSC sites to support operations and meet potential demand.

    Customers applying on paper based routes will not have the option to access super priority decisions as we will be encourage customers to apply online to both support our channel shift to a more seamless online customer journey and also ensure the PSC’s can close on time to allow a smooth transition to SSC’s and to mitigate any risks to the SSC’s being introduced in January.”

    >>> UKVI correspondence: The EEA nationals are currently NOT able to use the New Front End Services

    “With regards to EEA/Swiss Nationals using the new service:

    UKVI plan to include EEA and Swiss Nationals in this service, however we cannot currently confirm the date this will become available.

    EEA and Swiss Nationals should continue to use the existing online or postal process at the current time.

    Please continue to check our website for any updates.

    Apologies for any inconvenience caused.

    With regards to the European Passport Return Service (EPRS):

    As the service arrangement for the EU settlement scheme is still to be announced, EPRS will continue to operate until the new service arrangements have been confirmed.

    Many Thanks
    Front End Services Team”

    >>> UKVI Guidance: UKVI’s new front end services: what you need to know: https://www.gov.uk/guidance/ukvis-ne...tent=immediate

    >>> UKVI Guidance: Level of decision making: nationality procedure guidance: https://www.gov.uk/government/public...tent=immediate

    Guidance on authority levels for decisions on nationality applications.

    >>> UKVI Guidance: Applications for leave to remain: validation, variation and withdrawal: https://www.gov.uk/government/public...tent=immediate

    Guidance on application forms and procedures for immigration applications and claims.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  5. #655

    По умолчанию

    03 December 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Latest immigration stats: EU residence document applications back on the rise: https://www.ons.gov.uk/peoplepopulat...ionalmigration

    >>> Appeals law: a “new matter” includes EU law arguments: https://www.bailii.org/uk/cases/UKUT/IAC/2018/385.html

    In Oksuzoglu (EEA appeal – “new matter”) [2018] UKUT 00385 (IAC), the appellant was a Ukrainian national and the sponsor was a British national. They had spent some seven months in Cyprus and on their return to the UK, the appellant applied for a residence card invoking the Surinder Singh principle.

    The official headnote:

    "(1) By virtue of schedule 2(1) of the Immigration (EEA) Regulations 2016 (‘the 2016 Regs’) a “new matter” in section 85(6) of the Nationality, Immigration and Asylum Act 2002 includes not only a ground of appeal of a kind listed in section 84 but also an EEA ground of appeal.
    (2) The effect of the transitory and transitional provisions at schedules 5 and 6 of the 2016 Regs is as follows:
    (a) All decisions made on or after 1 February 2017 are to be treated as having been made under the 2016 Regs, whatever the date of the application;
    (b) Regulation 9 of the 2016 Regs applies (through the medium of the transitory provisions) to all decisions made on or after 25 November 2016 whatever the date of the application;
    (c) In all other respects the Immigration (EEA) Regulations 2006 apply if (i) the application was made before 25 November 2016 and (ii) the decision was made before 1 February 2017.".

    >>> More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili: https://www.bailii.org/ew/cases/EWCA/Civ/2018/2482.html

    In MM (Malawi) [2018] EWCA Civ 2482 the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as set out in the House of Lords case of N v Secretary of State for the Home Department [2005] UKHL 31 and the recent European Court of Human Rights judgment in Paposhvili v Belgium (application no. 41738/10). The court also conceded that it is arguable that Paposhvili extends Article 3 protection to anyone who would suffer a significant reduction in life expectancy, though it did not

    >>> Children (asylum policy guidance): https://www.gov.uk/government/collec...tent=immediate

    Asylum policy guidance for asylum applications involving children.

    This collection contains asylum policy guidance used by UK Visas and Immigration to make decisions on asylum applications involving children.

    >>> Home Office can’t accidentally grant section 3C leave by deciding an invalid application: https://www.bailii.org/ew/cases/EWCA/Civ/2018/2612.html

    R (Basir) v Secretary of State for the Home Department [2018] EWCA Civ 2612 is about section 3C of the Immigration Act 1971. Section 3C works as follows: where a person makes a valid application to extend his or her leave to enter or remain and the application is refused, that person’s immigration status is extended during any waiting time for the application to be decided or for an appeal to be decided. (Except the exception to the general rule when the application is decided before the original visa expires.)

    If you are on section 3C leave, you can’t use that breathing space to make a new application for leave. It is only really intended to keep your stay in the UK legal while the extension application is being considered/appealed — not to try your luck with a different application entirely while that is going on.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  6. #656

    По умолчанию

    05 December 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> EU Advocate General: the United Kingdom CAN cancel Brexit if it wants to: http://curia.europa.eu/juris/documen...t=1&cid=184123

    A top legal adviser to the Court of Justice of the European Union has recommended that the UK be allowed to cancel its Article 50 notification triggering Brexit and stay in the EU if it wants. Advocate General Sánchez-Bordona writes in an Opinion released recently that the UK has the legal right to withdraw its Article 50 notification, even without the agreement of other EU countries — so long as this happens before the withdrawal agreement is concluded and has parliamentary approval.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  7. #657

    По умолчанию

    07 December 2018 – Just useful and interesting UK & EEA Immigration Law news and up-dates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923



    >>> UKVI update: Tier 1 (Investor) visa was suddenly suspended at midnight on the 6th December 2018 (via ILPA)



    The suspension only affects new applicants, not extensions, filing after the suspension comes into effect.



    The Home Office briefing note should be published today.



    >>> UKVI Guidance: Points-based system: evidential flexibility: https://www.gov.uk/government/public...tent=immediate



    Modernised guidance for how UK Visas and Immigration uses evidential flexibility when considering applications.

    Updated Points-based system: evidential flexibility document to latest version.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  8. #658

    По умолчанию

    08 December 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Tier 1 (Entrepreneur) visas to be scrapped in Points Based System shake-up

    The immigration minister, Caroline Nokes, gave us a sneak preview of a range of tweaks to the rules that will be laid “shortly”. The changes include:

    • Introducing the “Start-up” visa (announced in June)
    • Scrapping the Tier 1 (Entrepreneur) route and replacing it with an “Innovator” visa
    • Big changes to the Tier 1 (Investor) route, which is suspended in the meantime
    • Allowing architects to get Tier 1 (Exceptional Talent) visas
    • Some “minor, more technical changes” to Tier 1 and Tier 2 (i.e. nasty surprises in the small print)
    • Clamping down on the Tier 5 (Temporary Worker – Religious Worker) route, “prohibiting Tier 5 Religious Workers filling roles as Ministers of Religion”
    • Introducing a cooling-off period for Tier 5 so that nobody can get a second Religious Worker or Charity Worker visa until a year has passed since their first one expired
    • Introducing the pilot scheme for seasonal agricultural workers (announced in September)
    More details to follow when the full statement is issued by the Government.

    >>> Court of Appeal guidance on costs in ETS cases: https://www.bailii.org/ew/cases/EWCA/Civ/2018/1572.html
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  9. #659

    По умолчанию

    10 December 2018 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The UK BA fails to implement the Tier 1 (Investor) suspension

    From ILPA:

    “ILPA understands from the Home Office that there is no suspension as yet of the Tier 1 (Investor) visa.
    The Home Office cannot say if or when any suspension will happen, or how much notice we will get.
    Needless to say, ILPA is extremely disappointed by the situation, which makes a mockery of the principles of certainty and stability inherent in the rule of law.”

    >>> Court of Justice of the European Union holds that Brexit can be unilaterally cancelled: http://curia.europa.eu/juris/documen...=1&cid=1195903

    The Court of Justice of the European Union has found that the UK can cancel Brexit by withdrawing its Article 50 notification, without having to get the permission of other EU countries. The result in case C 621/18 Wightman and Others means that, if political circumstances change soon, the UK could remain in the EU on the same terms as now.

    There are conditions. The UK would have to officially change its mind “through a democratic process”, widely interpreted to mean new legislation to reverse the European Union (Notification of Withdrawal) Act 2017. The “unequivocal and unconditional” change of mind would have to be notified in writing to the European Council. If Brexit day (29 March 2019) arrives or the withdrawal agreement drawn up by negotiators comes into force, it will be too late.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

  10. #660

    По умолчанию

    11 December 2018 – Just useful and interesting UK & EEA Immigration Law news and up-dates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The UK BA online FLR(M) application form is providing wrong information

    It has been reported that the UK BA online application form FLR(M) only refers to the need for an A1 CEFR certificate even where a 2nd spouse extension is sought, while the minimum and the correct level for the extension is currently A2 CEFR.

    Whilst that is not an issue for lawyers submitting applications (who should know what is needed) it will create real issues for applicant’s given the incorrect information.

    You have been warned!

    >>> Can a visitor be granted leave to remain in the UK if the visitor’s British spouse dies in the UK ?

    Potentially, yes, case to case dependent, via the currently available FLR(HRO) application form.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

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  1. Billy Rubin

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