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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #601

    По умолчанию

    12 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)


    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923


    >>> Migration Advisory Committee recommends changes to the Tier 4 Student visa rules


    The MAC’s recommendations are as follows:


    1. To retain no cap on the numbers of international students.

    2. Government and the sector should continue to work together to grow the number of international students.

    3. International students should not be removed from the net migration statistics.

    4. Rules of work while studying and dependant rights should remain unchanged.

    5. Widening of the window in which applications for switches from Tier 4 to Tier 2 can be made.

    6. Post-study leave period extended to six months for Master’s students, though with a more thorough review of whether this is appropriate.

    7. The 12 months leave to remain after PhD completion be incorporated into the original visa duration, subject to meeting progress requirements and course completion, for eligibility to remain in the UK after course end date. This would replace the existing Doctoral Extension scheme that allows the same rights but has to be applied for with associated visa costs.

    8. Previous Tier 4 students, who passed their Level 6 (or above) qualification in the UK, should be entitled to a two-year period from course completion during which they can apply out-of-country for a Tier 2 visa, under the same rules as current in-country Tier 4 to Tier 2 switches.
    Последний раз редактировалось antontony; 12.09.2018 в 09:54.
    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. #602

    По умолчанию

    13 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UKVI guidance update: updated guidance on form AN (applying for British citizenship by naturalisation): https://www.gov.uk/government/public...tent=immediate

    UKVI has published an updated version of 'Naturalisation as a British citizen - a guide for applicants (guide AN)'.

    >>> UK visa requirements - list for carriers : https://www.gov.uk/government/public...tent=immediate

    Information for international carriers about visa requirements for passengers travelling to the UK.

    >>> The Republic of Ireland announced plans for a new “regularisation scheme” to allow certain undocumented migrants to remain in the country legally: https://www.mrci.ie/2018scheme/

    On 4 September the Republic of Ireland announced plans for a new “regularisation scheme” to allow certain undocumented migrants to remain in the country legally. The amnesty will be open to anyone who came to Ireland as an international student between January 2005 and December 2010 and is now undocumented.
    Although few details have been released, the announcement was welcomed by rights groups, including the Migrant Rights Centre Ireland. The charity has been campaigning for years for regularisation schemes for the approximately 26,000 adults and children who work, study, live and love in Ireland without papers.

    >>> UKVI Guidance: guidance document to form ROA updated : https://www.gov.uk/government/public...right-of-abode

    The guidance document to form ROA by which an applicant can apply for a certificate of entitlement proving they have the right to live and work in the UK as been updated.
    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. #603

    По умолчанию

    14 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> UK Government information update: updated information on the rights and status of UK nationals living and travelling in the European Union (EU) if there is no Brexit deal

    The Government have published guidance on how to prepare for Brexit if there's no deal. This has today been updated with further technical notices. The updates elevant to ILPA Members are as follows:

    1. Erasmus+ in the UK if there’s no Brexit deal: https://www.gov.uk/government/public...no-brexit-deal

    2. Travelling within the Common Travel Area and the associated rights of British and Irish citizens if there is no Brexit deal: https://www.gov.uk/government/public...no-brexit-deal

    3. Travelling to the EU with a UK passport if there’s no Brexit deal: https://www.gov.uk/government/public...no-brexit-deal
    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. #604

    По умолчанию

    17 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The Immigration and Nationality fees table for all applications made from outside and within the UK has been updated with effect from 8 October 2018: https://www.gov.uk/government/public...tent=immediate

    The good news is that there is NO change in the UK BA fees !


    >>> The guidance on applying for a UK visa from Australia has been updated throughout: https://www.gov.uk/government/public...a-in-australia

    >>> The guidance on applying for a UK visa from New Zealand has been updated throughout: https://www.gov.uk/government/public...in-new-zealand

    >>> Court of Justice upholds UK approach to Worker Registration Scheme for EU nationals: http://curia.europa.eu/juris/documen...t=1&cid=714440

    Last week the Court of Justice of the European Union upheld the UK’s approach to the Worker Registration Scheme in force between 2004 and 2011 for citizens of new EU countries. The case is C-618/16 Prefeta v UK. The judgment in effect endorses the Home Office view that time spent working in breach of the registration scheme will not count towards permanent residence.
    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. #605

    По умолчанию

    18 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Migration Advisory Committee (MAC) report: EEA migration: https://www.gov.uk/government/public...-eea-migration

    MAC report on the impact of EEA migration in the UK.
    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. #606

    По умолчанию

    19 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Migration Advisory Committee: scrap the cap on Tier 2 work visas after Brexit: https://www.gov.uk/government/public...-eea-migration

    The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a fairly liberal regime, recommending as it does that if there is no specific agreement with the EU on migration, there need be no preferential treatment of EU workers over non-EU workers in future. But that does mean that the overall work visa regime would have to be loosened a bit: by abolishing the cap on Tier 2 visas, for example, as well as the requirement to advertise jobs to British citizens before recruiting from abroad. It also takes aim at the bureaucracy of the Points Based System.

    If the government does not offer concessions for EU workers as part of the Brexit negotiations and implements the MAC’s recommendations for work migration post-Brexit in 2021, employers will face a number of new, potentially significant, administrative hurdles.

    • EU workers who come to the UK once the new immigration system is in force (those in the UK would already have, or be able to apply for, temporary or indefinite leave to remain under the EU Settlement Scheme) will be subject to immigration control. They will require permission to work in the UK, in the same way as their non-EU counterparts currently do. This therefore means that the risk of civil penalties faced by employers will increase significantly overnight. To counter the increased risk, employers will need to ensure that EU nationals, along with their non-EU counterparts, have leave to enter or remain that allows them to work and they will need to also keep a record of visa expiry dates and copies of right to work checks they have performed. This is likely to significantly increase the administrative burden on vast numbers of employers.

    • The MAC has also recommended a widening of Tier 2 to include roles at RQF level 3, as opposed to the current RQF level 6 (roughly degree level). This significant widening of the route — the MAC says 142 occupations would become eligible for sponsorship — to include medium skill level roles, combined with the requirement for EU nationals to be sponsored (unless they hold leave in another capacity), will require significant numbers of UK employers to enter the sponsor licence system that have not had to do so before. The MAC has recommended that that system is tweaked but it is unlikely in my view that any such tweaks would significantly reduce the administrative burden on organisations holding a sponsor licence.

    These two proposals alone, if implement, are likely to have a significant effect on UK employers that do not currently engage with the immigration system.

    The bottom line for EU national is simple as ever – get the Permanent Residence status now and apply to become British to once and forever sour out their immigration issues and, out it simple, forget about the UK BA and the immigration and just live their lives as normal people. The Legal Centre has helped tens of thousands of clients to-date, so we can help you. The help is one click away: www.legalcentre.org
    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. #607

    По умолчанию

    21 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Illegal working civil penalties: an employer's guide : https://www.gov.uk/government/public...tent=immediate

    A guide to the civil penalty scheme for employers who give a job to an illegal worker.
    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. #608

    По умолчанию

    24 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> The UK Government can and does exercise far greater control over immigration than is commonly perceived: http://www.smf.co.uk/publications/ta...46691894531250

    All the evidence actually points to the fact that overall the UK exercises extremely effective control over immigration.

    Now talk about the Brexit lies on "immigration being out of control"...
    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. #609

    По умолчанию

    25 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> When might discretion be exercised despite a breach in relation to the Naturalization applications ?

    There are some requirements for Naturalization which are set in stone and which cannot be overlooked or waived by Home Office officials even if they are sympathetic. There are other requirements which officials are empowered by the sta***e to waive. This is referred to as a “discretion”.

    Residence not in breach of immigration laws is one such requirement which can be waived.

    Officials are instructed by their guidance that discretion should only be exercised where the reasons for the breach “were clearly outside the individual’s control, or if the breach was genuinely inadvertent and short”.

    Examples are given in the guidance to officials:

    - the breach occurred at a time when the applicant was a minor whose parents failed to ob-tain or renew their leave
    - the applicant was a victim of domestic violence whose abusive partner prevented the re-newal of leave
    - the applicant had made an ‘in-time’ application, but the application was rejected and so they became in breach
    - this is provided there is no reason to doubt that the form was submitted in good faith and a fresh application was submitted within 28 days of the rejection and before 24 November 2016
    - the person had made a late application for leave to remain which was subsequently granted and either the:
    - application was not submitted more than 28 days after the expiry of their previous leave and before 24 November 2016
    - application was not submitted after more than 28 days overstaying if it was an asylum ap-plication
    - person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or be-reavement
    - period of overstaying ended on or after 24 November 2016 and leave was granted in ac-cordance with paragraph 39E of the Immigration Rules
    - the person arrived the UK clandestinely but either presented themselves without delay to the immigration authorities or was detected by the immigration authorities shortly after arri-val:
    - the maximum period involved should normally be 1 month, but may be longer if there are extenuating circumstances
    - in these cases you can waive the breach that occurred from entry until the person’s first ap-plication for leave or asylum was determined, provided the application was granted
    - an application for asylum or leave to remain was refused but was later acknowledged to be an incorrect decision and the appropriate leave was granted


    Discretion will never be exercised by the Home Office where the breach was “both substan-tial and deliberate”. As far as the Home Office is concerned, this includes where a person unsuccessfully attempted to apply for leave to remain in the UK then remained unlawfully, or in cases of unlawful residence leading to a grant of leave under the former 14-year rule or a concession. An exception may be made where the person was granted refugee status as a result. By extension the same approach would probably be applied to periods of unlawful residence ending in regularization under the private life sections of the Immigration Rules.

    Example

    Ivan entered the UK as a visitor and overstayed. He later applied for leave to remain on the basis of 14 years of long residence and was granted Indefinite Leave to Remain (ILR).
    Although Ivan might possess ILR and have resided in the UK for more than five years, none of the residence prior to the grant of ILR will be counted by the Home Office towards his qualifying period for Naturalization. In effect, the “clock” starts from when he was granted ILR.

    Ivan faces an additional problem in the shape of the good character test. This excludes someone in Ivan’s position from successfully applying for naturalisation for ten years from the latest breach of immigration law.

    The Home Office takes the view that EEA nationals physically present in the UK but who do not have a right of residence under Directive 2004/38 are resident in breach of immigration laws. This is made clear in Home Office policy document European Economic Area (EEA) and Swiss nationals: free movement rights. Page 27 sets out examples of how this approach is considered by the Home Office to work in practice:

    This page provides example scenarios on when a European Economic Area (EEA) national is considered in breach of the immigration laws for the purposes of the British Nationality Act 1981 (BNA 1981).

    Scenario 1

    Paolo, an Italian citizen, came to the UK for employment in 1997. He voluntarily left work on 1 December 2000. No deportation or removal order was made against him, and he has remained without any right of residence under community law [meaning EU law], and with-out leave, ever since. Paolo has been in the UK in breach of the immigration laws only since 7 November 2002, when section 11 of the Nationality, Immigration and Asylum Act 2002 came into force. His residence here between 1 December 2000 and 6 November 2002, alt-hough unauthorised, should not be regarded as a breach.

    Scenario 2

    Sabine, a French citizen, enrolled as a student in October 1990. Her course ended in June 1993. She then remained in the UK without leave and without any entitlement under com-munity law. No deportation or removal order was made against her. In 1996 she commenced employment, and this has continued to the present day. Sabine should not be treated as hav-ing been in the UK in breach of the immigration laws at any time.
    Scenario 3

    Colette, a Belgian citizen, came to the UK for a holiday in August 2003 but then remained without permission or entitlement under community law. Any residence in the UK after her entitlement under community law came to an end was residence in breach of the immigra-tion laws.
    Whether the Home Office approach is correct as a matter of law is questionable. It could be argued that Articles 20 and 21 of the Treaty on the Functioning of the European Union give a right to be physically present in another member state. However, any legal challenge is likely to be stressful and expensive; success can never be guaranteed.
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  10. #610

    По умолчанию

    27 September 2018 – Read the reviews about our assistance to immigrants and their families like yours :-)

    And as usual, the useful and just interesting UK & EEA Immigration Law news and updates from the Legal Centre - www.legalcentre.org – Mob : +44(0)7791145923

    >>> Deprivation of citizenship justified by treasonous conduct finds Court of Appeal: https://www.bailii.org/ew/cases/EWCA/Civ/2018/2064.html

    A British citizen can be deprived of his citizenship if he shows disloyalty to the state, the Court of Appeal has found in the case of Pham v The Secretary of State for the Home Department [2018] EWCA Civ 2064.
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