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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #681

    По умолчанию

    22 January 2019 – 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


    >>> How do I renew my brp that says no time limit: https://www.whatdotheyknow.com/reque..._brp_that_says

    >>> Immigration Rules must be rewritten, Law Commission says

    The Immigration Rules should be redrafted and restructured in order to cut down on complexity, the Law Commission says. Launching a consultation on Simplifying the Immigration Rules today, the influential law reform body proposes major revisions to “provide a more logical structure, remove unnecessary repetitions and improve the drafting”.

    The regulations that underpin the UK’s immigration system have grown from 40 pages in 1973 to around 1,100 today, the commission points out. The sheer length, unwieldy drafting and confusing structure of the Rules make it difficult for migrants — as well as Home Office decision-makers — to understand and follow them.

    The Law Commission gives the example of the rules on applying to extend an entrepreneur visa. These include a requirement that the applicant has created two new full-time jobs by setting up their business. Paragraph 50 of Appendix A now devotes 750 words to the evidence required to prove this; the equivalent a decade ago took just 76 words.

    On structure, the Law Commission says that having the requirements for a particular visa scattered around different sections of the Rules is the worst possible approach. Instead, it recommends that the redrafted Rules follow either

    a “common provisions” approach, where applicants can check the requirements common to all visas before turning to their particular route
    a “booklet” approach, where all the requirements for a particular route are gathered together under one heading.

    Either way, the commission provisionally recommends that the Rules be divided into 15 categories:

    Visitors
    Students
    Work
    Short-term work and work experience
    Business and investment
    Family members of workers, businesspersons, investors and students
    Family members of British citizens, settled persons and persons with refugee/humanitarian protection status
    Long residence and private life
    Armed forces
    Other categories
    ECAA nationals and settlement
    EU citizens and family members
    Asylum
    Temporary protection
    Stateless persons

    There are 54 consultation questions in total. The deadline for responses is 26 April 2019.
    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. #682

    По умолчанию

    23 January 2019 – 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

    >>> So you are chaning your Tier 2 employer ? You may need to:

    Your new employer will need to assign you with an unrestricted CoS in order for you to make a Change of Employment application. However, your new employer will probably first have to have run a resident labour market test (RLMT) before assigning the CoS, unless an RLMT exception applies.

    The Tier 2 application can then be submitted online here:

    https://visas-immigration.service.go.../tier2-general

    You will have to pay the application fee. It appears you will also have to pay the IHS fee again – which is due to increase to £400 per year tomorrow. You should though get a refund on the IHS.

    There is some reference to Change of Employment applications in the Tier 2 guidance here: https://assets.publishing.service.go...2018_final.pdf

    and in the Tier 2/5 SG here:

    https://assets.publishing.service.go...ce_11_2018.pdf

    >>> UKVI guidance: EU Settlement Scheme: apply for an administrative review: https://www.gov.uk/guidance/eu-settl...tent=immediate

    How to apply for an administrative review under the EU Settlement Scheme.

    Added information that applications for administrative review must be made from inside the UK

    >>> Unlawful entrants can’t rely on domestic violence concession: https://www.bailii.org/ew/cases/EWHC...2018/3475.html

    The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now made clear that this concession only applies to those who are already on the route to settlement as a partner in the case of FA v Secretary of State for the Home Department [2018] EWHC 3475.

    >>> Settled status fee for EU citizens scrapped: https://www.gov.uk/government/speech...1-january-2019

    The Prime Minister has announced that the £65 fee for EU citizens applying for post-Brexit settled status will be scrapped.

    >>> UKVI Guidance: Short-term students: https://www.gov.uk/government/public...tent=immediate

    Guidance on how short-term student applications for entry clearance or leave to enter are considered.
    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. #683

    По умолчанию

    24 January 2019 – 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 Guidance: Tier 1 (Entrepreneur) application guidance: https://www.gov.uk/government/public...1-entrepreneur

    Updated guidance to apply to come to the UK as a Tier 1 (Entrepreneur) or to extend your stay.

    >>> Brexit doesn’t mean Brexit just yet, Court of Justice holds in asylum case: http://curia.europa.eu/juris/documen...=1&cid=9859083

    A reminder from the Court of Justice of the European Union that EU law still applies to the UK until Brexit actually happens. The Irish asylum authorities had asked, in effect, whether the triggering of Article 50 meant that it shouldn’t send asylum seekers across to the UK any more. The Court of Justice said no. The case is C‑661/17 MA, SA and AZ v International Protection Appeals Tribunal and others.

    >>> Outside of the UK Settlement application - from which countries do I need to send the documents to Sheffield by post ? See https://www.whatdotheyknow.com/reque...45712.pdf.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

  4. #684

    По умолчанию

    25 January 2019 – 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 Guidance: Appendix FM 1.0b: family life (as a partner or parent) and private life: 10-year routes: https://www.gov.uk/government/public...tent=immediate

    The updated Guidance on how the UK Visas and Immigration staff consider claims on the basis of family life or on the basis of private life, on a 10-year route to settlement
    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. #685

    По умолчанию

    29 January 2019 – 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

    >>> Is it possible to switch from Tier5 intoto Tier2 in-country?

    Yes, it is possible under the para 245HD.(b)(i):

    (4) a Tier 5 (Temporary Worker) Migrant...

    But it is NOT possible for the Tier 5 (Youth Mobility Scheme) Temporary Migrants.

    >>> Can a PBS dependent apply for ILR independently from the main PBS applicant ?

    The answer is usually "No", because the PBS dependent needs to satisfy the Para 319E, including

    (b) The applicant must be the spouse or civil partner, unmarried or same-sex partner of a person who:

    (i) has indefinite leave to remain as a Relevant Points Based System Migrant; or
    (ii) is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant, or
    (iii) has become a British Citizen where prior to that they held indefinite leave to remain as a Relevant Points Based System Migrant.

    >>> Can a migrant who used deception in the past under the Tier 1 and Tier 4 routes apply for ILR under the Appendix FM ?

    For example, an applicant was refused visas under the Tier 1 and Tier 4 immigration categories 4 because of fraudulent documents with the 10 years ban in 2012. The decision letter says that any future applications under spouse route etc. would not be affected. So, in 2015 the applicant was granted entry clearance as a spouse of a British citizen. In 2020 the applicant is planning to apply for ILR.

    Can this applicant expect a grant of ILR ?

    The answer is "Probably", if the applicant satisfies the Para D-ILRP.1.1., including satisfying the Paras S-ILR.

    If the applicant previously satisfied the Paras S-LTR, despite the previous fraudulent documents, then the applicant should be able to satisfy the analogous paragraphs in Para S-ILR.

    This is a complex case and assistance of an experiences firm like the Legal Centre (www.legalcentre.org) is advised.

    >>> UKVI Guidance: European Temporary Leave to Remain in the UK: https://www.gov.uk/guidance/european...tent=immediate

    >>> UKVI News Story: Government outlines no deal arrangements for EU citizens: https://www.gov.uk/government/news/g...tent=immediate

    In the event of no deal, EU citizens will be able to enter the UK to visit, work or study after 29 March 2019. For stays longer than 3 months, European Temporary Leave to Remain will be required.

    Guidance for EU citizens coming to the UK to visit, study, work or join family if the UK leaves the EU with no Brexit deal.

    >>> UKVI Policy Paper: EU immigration after free movement ends if there's no deal: https://www.gov.uk/government/public...tent=immediate

    This explains the transitional immigration arrangements for EU citizens arriving in the UK after free movement has ended if the UK leaves the EU without a deal.

    >>> UKVI Guidance: Apply for a Tier 4 sponsor licence: https://www.gov.uk/guidance/apply-fo...tent=immediate

    How to apply for a student sponsor license.

    Updated content.
    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. #686

    По умолчанию

    05 February 2019 – 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

    >>> Can I ask the Home Office to waive their application fees ?

    The answer is "Yes, but there are conditions".

    The following 2 cases form the basis of Home Office policy on fee waivers. The first is R (Omar) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin). The second case is R (Carter) v Secretary of State for the Home Department [2014] EWHC 2603 (Admin).

    The case law has found that it was unlawful for the Secretary of State to charge a fee for a human rights based application where the applicant cannot afford the fee. In other words, charging a fee for a human rights based immigration application will itself breach human rights law where the person concerned cannot afford the fee and the Secretary of State must agree to waive the fee when an applicant is unable to afford the fee and has a human rights claim.

    Who can qualify for a fee waiver?

    In accordance with the above case law, only those who raise a human right claim will be eligible for a fee waiver, and only where this human rights claim “consti***es a substantive basis of their application”. More particularly, the following groups can qualify:

    - Applications for leave to remain under the 5-year partner route from applicants who are not required to meet the minimum income threshold because their sponsor is in receipt of one or more specified benefits and who instead must demonstrate that their sponsor can provide adequate maintenance
    - Applications for leave to remain under the 5-year parent route
    - Applications for leave to remain under the 10-year partner, parent or private life route, where the applicant claims that refusal of that application for leave to remain would breach their rights (or the rights of other specified persons) under Article 8 of the European Convention on Human Rights (the right to respect for private and family life)
    - Applications for leave to remain on the basis of other ECHR rights
    - Applications for further leave to remain from applicants granted discretionary leave following refusal of asylum or humanitarian protection, where the applicant claims that refusal to grant further leave to remain would breach their ECHR rights
    - Applications for further discretionary leave from victims of trafficking or slavery who have had a positive conclusive grounds decision, have already accrued 30 months’ discretionary leave and are seeking to extend it for reasons related to trafficking or slavery

    It is possible for an applicant to pay for their fee but apply for a fee waiver for one or more dependant.

    Importantly, applications for Indefinite Leave to Remain (ILR), even if based on a human rights claim, are not covered. Applicants could be extending their leave forever, until they can afford to pay the indefinite leave to remain fee. This is currently £2,389 and will in all likelihood continue to increase over the years.

    Criteria to be granted a fee waiver

    Applicants for a fee waiver will need to show that one of the following three circumstances apply:

    1. They are desti***e

    Applicants are considered desti***e when

    - They do not have adequate accommodation or any means of obtaining it; or
    - They have adequate accommodation or the means of obtaining it, but cannot meet their other essential living needs.

    2. They would be rendered desti***e by payment of the fee

    This route is for those who are not desti***e at the time of the application, and have adequate accommodation and can meet their other essential living needs, but have no disposable income.

    In these cases, however, there is also a need to consider

    - Whether, if receiving accommodation and essential living needs support from family or friends, they are able to borrow the required amount for their immigration application also (but only if receiving accommodation this way).
    - Whether the applicant’s financial circumstances are likely to change – for instance, for those with the relevant leave, because of an offer of employment – within a reasonable period (and it would be reasonable in all the circumstances to expect the applicant to delay their application for this length of time).

    3. There are exceptional circumstances

    The Home Office Fee Waiver Guidance can be found here: https://assets.publishing.service.go...0ext__003_.pdf

    How to submit the application and what evidence should be included

    Fee waiver requests are made online, before the application for leave to remain is made: https://visas-immigration.service.go...uct/fee-waiver

    What happens after the fee waiver application is submitted?

    What happens after an application for a fee waiver has been considered depends on the outcome of the application.

    Application is granted

    If an applicant is granted a fee waiver they will be issued with a Unique Reference Number (URN) to be used when applying for leave to remain online.

    The application for leave to remain must be submitted within 10 working days of the date of the decision (not the date that the decision is received). They must then make an appointment at a Service and Support Centre within 17 working days.

    If an applicant fails to make the application within these timescales, they may need to make a new fee waiver application. If their leave has expired in the meantime, they may become an overstayer.

    Application is refused

    The status of an applicant when their application for a fee waiver is refused depends on whether the applicant had valid leave at the time of the application.

    Applicants who had valid leave at the time of the application will be advised that they do not qualify for a fee waiver and be given 10 working days to submit additional evidence that demonstrates they qualify for a fee waiver. If the new evidence submitted satisfies the caseworker that they are eligible for a fee waiver, their application will be granted and they will be given another 10 working days to submit the application for leave to remain.

    If the new evidence does not satisfy the caseworker that they are eligible for a fee waiver, their application will be refused and they will be given 10 working days to submit an application for leave to remain and pay the application fee. If they do not do so before their leave expires, they will become overstayers.

    If the applicant had no valid leave at the date of application, their application will simply be rejected as invalid. They will need to submit a new application with the fee or a new application for a fee waiver.
    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. #687

    По умолчанию

    08 February 2019 – 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 Guidance: Applying for a UK visa: approved English language tests: https://www.gov.uk/government/public...tent=immediate

    List of tests and test centres approved by UK Visas and Immigration to show that applicants have the required level of English for their visa.

    >>> Immigration legal aid cuts to remain in place following major government review: https://www.gov.uk/government/public...tent=immediate

    A major government review of legal aid proposes no significant changes in the immigration and asylum field. Despite evidence of the impact of cuts over the past five years, and the role that legal aid would have played in preventing the Windrush scandal, the Ministry of Justice has refused to roll back the Legal Aid, Sentencing and Punishment of Offenders Act 2012 as it relates to immigration work. The sole exception is an amendment granting legal aid to unaccompanied migrant children.

    The review, published this morning, shows an 85% reduction in legal help for non-asylum immigration matters since LASPO, and a 62% reduction in full representation.

    >>> UKVI Guidance: Considering immigration status and deciding enforcement action: https://www.gov.uk/government/public...tent=immediate

    Guidance for enforcement officers considering immigration status and deciding enforcement action, including curtailment.

    Updated ‘European Economic Area: administrative removal’ document.

    >>> UKVI Data: Country returns guide: https://www.gov.uk/government/public...tent=immediate

    Guidance on returning immigration offenders to their country of origin.

    >>> UKVI Guidance: Criminality guidance in article 8 ECHR cases: https://www.gov.uk/government/public...tent=immediate

    This guidance deals with how article 8 ECHR cases are considered when deporting a criminal.

    >>> UKVI Guidance: Deporting families of foreign offenders: https://www.gov.uk/government/public...tent=immediate

    Guidance on managing the deportation of families of foreign offenders.
    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. #688

    По умолчанию

    11 February 2019 – 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

    >>> Guidance on how ex-gratia payments are managed and resolved, and how actual and non-financial losses are assessed by UK Visas and Immigration, Immigration Enforcement and Border Force: https://www.gov.uk/government/public...tent=immediate
    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. #689

    По умолчанию

    13 February 2019 – 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

    >>> Can one use the expired passport with the immigration application

    The answer is "Possibly". The para 34(5)(b)(ii) of the Rules does provide this opportunity:

    "(ii) if the applicant does not have a valid passport or national identity card, their most recent passport or (except a PBS applicant) their most recent national identity card"

    ...yet the Home Office caseworkers may not know their own Rules...and still refuse the application, demanding the valid original passpport !

    >>> No job required to export child benefit, Court of Justice holds: http://curia.europa.eu/juris/documen...1&cid=11559813

    Under EU law it is not necessary that a person be working in a member state in order to be entitled to family benefits in respect of his children living in another member state. So ruled the Court of Justice of the European Union in C-322/17 Bogatu v Minister for Social Protection.
    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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