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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #791

    По умолчанию

    07 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>> Sole responsibility (Children) UK BA Guidance: https://assets.publishing.service.go.../child_gen.pdf

    >>> High Court upholds immigration control exemption to personal data rights: https://www.bailii.org/ew/cases/EWHC...2019/2562.html

    Campaigners have lost a High Court case challenging the “immigration exemption” to personal data rights. The judgment is R (Open Rights Group & the3million) v Secretary of State for the Home Department [2019] EWHC 2562 (Admin).

    >>> New Shortage Occupation List – Appendix K - has been published: https://www.gov.uk/guidance/immigrat...ccupation-list
    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. #792

    По умолчанию

    08 October 2019 – 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)7791145023 (WhatsApp/Viber)





    >>> UKVI Update: Tier 4 of the points-based system: https://www.google.com/url?sa=t&rct=...x1MRvQkY26QpF9





    >>> Court of Appeal clarified the important points on human rights in immigration cases:


    https://www.bailii.org/ew/cases/EWCA/Civ/2019/1630.html




    In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European Convention on Human Rights.




    The court outlines six “general observations” about the proportionality test, firing a few warning shots at both the Home Office and at those who seek to rely on private and family life to stay in the UK:




    1. The Immigration Rules and section 117B must be construed to ensure consistency with Article 8.

    2. The Home Office is entitled to outline the weight to be applied to various factors in the proportionality assessment. Courts and tribunals must accord “considerable weight” to the policy of the Home Office, including the policy weightings set out in section 117B. However, to ensure consistency with the Human Rights Act 1998, this section must have injected into it a limited degree of flexibility so that its application always leads to an end result consistent with Article 8.

    3. The test for an assessment outside the Immigration Rules is whether a “fair balance” is struck between competing public and private interests. This is a proportionality test. References in the Rules and Home Office policy to a case having to be “exceptional” before leave to remain can be granted must be construed as not imposing any incremental requirement over and above that arising out of the application of an Article 8 proportionality test, for instance that there be some highly unusual or unique factor or feature.

    4. The proportionality test is to be applied on the circumstances of the individual case. The facts must be evaluated in a “real world” sense.

    5. There is a requirement for proper evidence. Mere assertion by an applicant as to his/her personal circumstances will not necessarily be accepted as adequate if unsupported by documentary evidence.

    6. The list of relevant factors to be considered in a proportionality assessment is “not closed”. There is in principle no limit to the factors which might, in a given case, be relevant to an evaluation under Article 8, which is a fact sensitive exercise.

    The Home Office is reminded that the correct test is proportionality, not exceptionality. The correct question is not whether there are any exceptional circumstances, but whether a fair balance has been struck between the competing interests. Officials are also reminded the policy outlined in section 117B is not necessarily sacrosanct.




    The appellant are reminded that cases will always be fact specific. Proper evidence of why the Home Office decision disproportionately interferes with the person’s right to private and family life is therefore needed. Mere assertion will not get you very far. Expert reports — from country of origin experts about the conditions likely to be faced on return, or from a psychologist or psychiatrist about the impact of return on any children or vulnerable adults involved — are invaluable. They help to discharge the obligation to provide “proper evidence”. They are, however, expensive so cannot be obtained by everyone.
    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. #793

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    Каждый день приносит хорошие новости клиентам Legal Centre

    Сегодня очередная клиентка из Казахстана получил ПМЖ/ILR (Indefinite Leave to Remain) как беженец. Тип заявления - SET(P).

    Заявление было не простое – клиенту пришлось несколько раз переделывать и добавлять документы.

    Я работал с клиентом по принципу общего сопровождения: https://www.legalcentre.org/Obshee-soprovozdenie.html

    Результат не заставил себя ждать – заявление рассмотрели довольно быстро.

    Я помог десяткам тысяч других клиентов, и я могу помочь Вам.

    Вы можете записаться на телефонную/online консультацию со мной, Антоном Ковалем, 24 часа в сутки: https://legalcentre.org/Konsultacija-s-Advokatom.html


    Антон Коваль
    Legal Centre
    +44(0)7791145923 (Mob/WhatsApp/Viber)
    +44(0)3300010342 (Office)
    www.legalcentre.org

    SET(P)_approved_October_2019.jpg
    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. #794

    По умолчанию

    10 October 2019 – 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)7791145023 (WhatsApp/Viber)



    >>> UKVI Update: guidance on application for UK visa as Tier 2 worker: https://www.google.com/url?sa=t&rct=...e3TJ-zMuskbAFT



    New version of guidance on how to apply to come to the UK as a Tier 2 skilled worker or to extend your stay.



    >>> UKVI update: new guidance on refusals for false representation: https://www.google.com/url?sa=t&rct=...bapWerqCiCx29n



    The guidance states:



    “This is the first edition of this guidance. False representation and deception were previously covered in amalgamated guidance on the general grounds for refusal.”



    >>> UKVI update: English language requirement guidance for Tiers 1 and 2: https://www.google.com/url?sa=t&rct=...3YvIFpemRUcaW5



    Changes made to reflect the removal of Appendix O from the Immigration Rules and changes to the English Language requirements for doctors, dentists, nurses and midwives applying under Tier 2 (General).



    Namely,



    “Doctors, dentists, nurses and midwives applying under Tier 2 (General) are exempt from having to meet the English language requirements for visa purposes where they have passed a valid English language test which is accepted by a health professional regulatory body. These are:



    • General Medical Council

    • General Dental Council

    • Nursing and Midwifery Council



    Where an applicant is applying for leave in association with a certificate of sponsorship in one of the following SOC codes:



    • 2211 – Medical Practitioners

    • 2215 – Dental Practitioners

    • 2231 – Nurses; and

    • 2232 – Midwives



    You do not need to make any assessment of their English language as this will have been undertaken by their regulatory body as part of their registration.”
    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. #795

    По умолчанию

    14 October 2019 – 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)7791145023 (WhatsApp/Viber)



    >>> Brexit threat to refugee family reunion rights



    If and when Brexit happens, the UK will no longer take part in the “Dublin” system for transferring asylum seekers from one EU member country to another better placed to handle the asylum claim. A parliamentary committee says today that this will mean “the loss of a safe, legal route for the reunification of separated refugee families in Europe”.



    The House of Lords EU Committee says that it is “particularly concerned about a potential reduction in the reunion rights of vulnerable unaccompanied children”.

    Its report on Brexit: refugee protection and asylum policy: https://publications.parliament.uk/p.../428/42802.htm warns that the sudden end to the Dublin system that would occur under a no deal exit would leave asylum seekers waiting for transfer to the UK in “legal limbo”.



    >>> New judicial review and injunctions policy: https://www.google.com/url?sa=t&rct=...j-x1q-fmyRnIGD



    There are two amendments to version 19.



    There is a change in the section on “The notice period” at the 1st para at page 14, where under the two bullet points the HO has added: “These notice periods apply to all persons notified of a removal window, whether that is a window of 3 months or a limited notice of removal.”



    There is additional wording that has been added by the Home Office at the request of Medical Justice as a consequence of their challenge to the removal windows policy. This relates to certified third country cases. Where there is a subsequent certification of a human rights claim a further notice period is triggered of at least 5 working days. The additional wording is at the end of the 3rd para at p.21 and states: “This applies whether or not the person has previously been served with notice of a removal window (and whether or not the removal window is still open), a limited notice of removal, or notice of removal directions.”.
    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. #796

    По умолчанию

    15 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>> Immigration announcements in the Queen’s Speech

    The main elements of the Bill are:

    • Ending the free movement of EU citizens under UK law.
    • The power to align the treatment of EU citizens arriving after January 2021 with non-EU citizens, and to maintain the treatment of EU citizens resident in the UK before exit day.
    • Clarifying the immigration status of Irish citizens in the UK once the free movement rules are removed from UK law.
    • Confirming the deadline for applications to be made under the EU Settlement Scheme.
    • Giving EU citizens and their family members who apply a right of appeal against EU Settlement Scheme decisions.
    • The power to make changes to the current rules for access to benefits and social security coordination for EU nationals.

    A right of appeal for EU citizens denied settled status would certainly be welcome. At the moment the only real remedy is administrative review.

    The Bill is also said to be “paving the way for a new points-based immigration system”. Priti Patel told the Mail on Sunday over the weekend that migrants will be incentivized to work outside London and the South-East under this system.

    The government separately plans to legislate for tougher sentences for foreign criminals who re-enter the UK in breach of a deportation order. A Foreign National Offenders Bill would “increase the maximum penalty for foreign national offenders who return to the UK in breach of a deportation order”. The briefing does not say by how much, or whether this is really a big problem.

    Finally, a Windrush Compensation Scheme (Expenditure) Bill is planned to put the existing system of compensation for wronged Commonwealth citizens on a sta***ory footing.

    This Queen’s Speech is a bit of a pantomime, in the sense that the government has a majority of minus 45 and almost no chance of passing any of this legislation as things stand. But it is quite possible that a general election in the coming months would see the government gain a majority and press on with the measures announced in the speech.
    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. #797

    По умолчанию

    15 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>>Plague of incorrect Biometric Residence Permits causes havoc across education sector

    The Tier 4 students have been hit with a plague of incorrectly printed Biometric Residence Permits (“BRPs”) this year. From incorrectly spelt names to incorrect statements of working rights, it is common for sponsors to spot a handful of incorrect BRPs each year. However, one university reports that over 500 incorrect BRPs were issued to its students this autumn.

    Insti***ions are being advised that the BRP errors team have a four-week delay on processing corrections, leaving thousands of students with incorrect working restrictions, or no ability to work, during this time.

    Many sponsors wrongly believe that the duty to report an incorrect visa rests solely with the student. This is partly correct in that Points Based System migrants also have a duty to report an incorrect BRP within 14 days of receiving the document. Yet in line with the paragraph 2.9 of the Tier 4 sponsor guidance, a sponsor has a duty to notify the Home Office if “it becomes aware that any of the students it is sponsoring has been granted leave with the incorrect conditions of stay, for instance if they have mistakenly been granted permission to work”.

    Despite there being a positive obligation on sponsors to report incorrect BRPs, the Home Office, rather unhelpfully, never saw fit to include an option to report the issue under the “drop downs” available on the online sponsor management system.

    Until now. The sheer volume of incorrectly issued BRPs this year has led to the following message appearing on the sponsor management system:

    “A new migrant activity reporting option has been introduced to SMS. Under ‘Change in student circumstances’ you can now report when a student has been granted incorrect conditions of leave, for instance work permissions, as set out at paragraph 2.9 of the ‘Sponsorship Duties’ guidance document. Please accept our apologies for this omission to date.”

    >>> USA New Customer Journey – Appointment Management System (AMS) update

    From the VFS:

    “As of 10 October, we have introduced VFS Global’s Appointment Management System (AMS) in the USA.

    Some of you may be familiar with the system from other Regions. With AMS, your customers will be able to schedule an appointment, upload supporting documents and purchase value added services on the VFS Global shopping cart directly. This will offer the customer a streamlined online application process.

    Because AMS is integrated with AccessUK, we encourage you to use AccessUK instead of Visa4UK here onwards. If you apply with Visa4UK, you will no longer have the option to purchase any services online. The AccessUK portal can be located on the Gov.UK website.

    AMS introduces the opportunity for the customer to self-upload documents as a free-to-use option. From 04 November, assisted scanning packages will be available for sale online if the customer so chooses to have the documents scanned at the Scan Hub. We will send out another announcement with those service prices and inclusions as we get closer to the date.”.
    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. #798

    По умолчанию

    21 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>> UKVI update: using the ‘EU Exit: ID Document Check’ app – iPhone at last: https://www.gov.uk/…/using-the-eu-ex...nt-check-ap…

    From the UK BA:

    ‘The ‘ID Document Check’ beta app is now available for iPhone 8 and newer models. The app will be available on the iPhone 7 and 7 Plus shortly following an upcoming iOS software update.You’ll need:iPhone 8 or 8 Plus or newer modeliOS 13.1 or newer - to find the software version installed, go to Settings > General, then Aboutat least 120MB of storage space to install the appto be connected to 3G, 4G or WiFiThe app will need access to your phone’s camera. If the app does not request access, please enable access in your settings.’

    >>> New EUSS administrative review guidance: https://www.google.com/url…

    The document states the following change:

    “Following a change to the Immigration Rules the time limit for bringing an application for administrative review is now 7 days where the person is in immigration detention on the date they receive notice of their decision.”

    >>> New curtailment guidance: https://www.google.com/url…

    This guidance includes a new section on curtailing leave obtained under the EU settlement scheme on pages 24-25.

    >>> UKVI update: prosecution under section 2: failure to produce immigration document: https://www.google.com/url…

    The document notes the following changes:

    • New template
    • Updated links
    • Housekeeping changes
    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. #799

    По умолчанию

    24 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>> The Home Office has just published a statement of changes to the Immigration Rules: https://www.gov.uk/government/public...4-october-2019

    EXPLANATORY MEMORANDUM TO THE STATEMENT OF CHANGES IN IMMIGRATION RULES PRESENTED TO PARLIAMENT ON 24 OCTOBER 2019 (HC 170): https://www.google.com/url?sa=t&rct=...M-I4fYbmVXYT8d

    Important points:

    EU Settlement Scheme

    7.6 The changes amend the Immigration Rules for the EUSS, contained in Part 1 of Appendix EU, in two main ways, for a ‘no deal’ Brexit:

    • To reflect the fact that applications by certain categories of family members who, after Brexit, join EEA citizens resident here before Brexit will need to be able to rely on residence in the UK and Islands, which began after Brexit; and

    • To reflect the policy published on 6 December 2018 (and updated on 28 March 2019)4 about the deadline by when applications by such family members will need to be made:

    - by 29 March 2022, where the relationship existed before Brexit and continues to exist when the application is made, in the case of spouses, civil partners, durable partners, children, parents and grandparents, and of children born overseas after Brexit; and
    - by 31 December 2020, where the relationship as a spouse, civil partner or durable partner was formed after Brexit and continues to exist when the application is made, or from other dependent relatives.

    7.7 The deadline in a ‘no deal’ scenario for applications by existing family members overseas at Brexit, who wish to rely on pre-exit residence in the UK and Islands in applying for status under the EUSS, will be 31 December 2020 (which will also be the deadline, in that scenario, for applications by those in the UK at Brexit), with scope in any case for a late application by a person with reasonable grounds for missing the deadline. Otherwise, they may be able to return to the UK by 29 March 2022 and apply then, based on post-exit residence, for status under the scheme.

    7.8 The changes also amend the Immigration Rules for the EUSS family permit, contained in Appendix EU (Family Permit), to reflect the fact that, after a ‘no deal’ Brexit, there will need to be scope for relevant non-EEA national family members to apply for an EUSS family permit to join an EEA citizen here with EUSS status, where the relevant family relationship was formed after Brexit as well as where it was formed before.

    European Temporary Leave to Remain Scheme

    7.9 The changes introduce the Immigration Rules for the European Temporary Leave to Remain Scheme, in Part 2 of Appendix EU, which will become operative on a ‘no deal’
    Brexit. The scheme will enable EEA citizens, and their close family members, moving to the UK after a ‘no deal’ Brexit and before the start of the new points-based immigration system from January 2021, to obtain a UK immigration status so that they can continue to work or study here as they do now, for a temporary period. It will provide EEA citizens who move to the UK after a ‘no deal’ Brexit, and their employers, with greater certainty during that transitional period, and will ensure that they have a secure UK immigration status before the introduction of the new system.

    7.10 The main features of the Euro TLR scheme will be as follows:

    • Applications will be made within the UK, will be free of charge and will involve a simple online process and identity, security and criminality checks;

    • EEA citizens applying under the scheme by 31 December 2020 will, if their application is successful, be granted a period of 36 months’ limited leave to remain in the UK, running from the date the leave is granted;

    • Non-EEA national close family members (spouses, partners and children under the age of 18) who are in the UK lawfully (other than as a visitor) may, from 4 December 2019, apply for Euro TLR and, if their application is successful, they will
    be granted limited leave to remain for the remaining duration of the Euro TLR held by the relevant EEA citizen. From 1 January 2021, EEA citizen close family members will be able to apply for Euro TLR on that basis;

    • Euro TLR will not be extendable. Euro TLR holders wishing to stay in the UK after their Euro TLR leave expires will need to make a further application and qualify under the new points-based immigration system. If they do, and this is in a route
    under the new system which leads to settlement (indefinite leave to remain) in the UK, their period of Euro TLR will count towards the qualifying residence period for settlement under that route;

    • Where an individual who holds Euro TLR does not meet the requisite criteria under the new points-based immigration system or otherwise have a right to remain in the UK, they will be expected to leave the UK when their Euro TLR expires; and

    • An applicant refused Euro TLR on the basis of an application made from 4 December 2019 will be able to apply under Appendix AR (EU) for an administrative review of that decision.

    Criminality rules

    7.4 It is appropriate that, in a ‘no deal’ scenario, when we leave the EU, we better protect the public by applying UK conduct and criminality thresholds in considering the refusal of entry, deportation and exclusion of EEA citizens and their family members, and when considering the cancellation and curtailment of leave granted to EEA citizens and their family members. In particular, the UK criminality thresholds provide that such decisions may be made where this is conducive to the public good. The changes therefore:

    • Apply current UK conduct and criminality thresholds to EEA citizens and their family members moving to the UK after Brexit, and to Turkish workers, business persons and their family members whose applications for leave under the European Communities Association Agreement (ECAA) are decided after Brexit. This is reflected in changes to Part 9 of the Immigration Rules (general grounds for refusal), and in the suitability provisions for Euro TLR, set out in Part 2 of Appendix EU;

    • Apply those thresholds to the post-exit conduct of EU citizens living in the UK immediately before Brexit or who have EUSS leave, and their family members, and of Turkish workers, business persons and their family members granted leave
    under the ECAA before exit, and to their pre-exit conduct where their conduct after exit results in a sentence of imprisonment. This is reflected in changes to Part 9 of the Immigration Rules, and to the suitability provisions for the EUSS, set out in Part 1 of Appendix EU, and for the EUSS family permit, set out in
    Appendix EU (Family Permit). Otherwise, their pre-exit conduct will continue to be considered under the EU law public policy tests (in the case of EU citizens, Turkish workers and their family members), or applying UK criminality thresholds subject to the ECAA standstill provision (in the case of Turkish business persons and their family members); and

    • Apply various provisions in Part 9 of the Immigration Rules in order to ensure that, for Turkish workers, business persons and their family members, applications for entry clearance or limited leave by virtue of the ECAA can be refused, and limited leave granted by virtue of the ECAA can be cancelled or curtailed, on the grounds of conduct committed after exit day, or before exit day where the relevant person has received a sentence of imprisonment based on postexit conduct or did not have entry clearance or limited leave by virtue of the ECAA immediately before exit day. This reflects amendments made to the ECAA
    by the Nationality, Immigration and Asylum Regulations 2019 (S.1. 2019/745) and the Immigration (Amendment) (EU Exit) Regulations 2019.

    7.5 In line with the citizens’ rights agreements reached with the other (non-EU) EEA countries (Iceland, Liechtenstein and Norway) and with Switzerland, the pre-exit conduct of citizens of those countries and their family members resident in the UK before Brexit will continue in all cases to be considered under the EU law public policy tests.
    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. #800

    По умолчанию

    28 October 2019 – 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)7791145023 (WhatsApp/Viber)

    >>> Court of Appeal reopens possibility of asylum for Ukrainian draft evaders: https://www.bailii.org/ew/cases/EWCA/Civ/2019/1756.html

    The Court of Appeal has now found that the Upper Tribunal erred in law in its consideration of the objective evidence and documents fundamental to the claim. The case is PK (Ukraine) v Secretary of State for the Home Department [2019] EWCA Civ 1756.

    Draft evasion penalties needs “proper analysis

    ”The main issue raised in the Court of Appeal was whether a punishment for draft evasion must reach minimum severity in order for a draft evader to be considered as a refugee for the Convention reasons. The discrepancy between Upper Tribunal’s approach and the Secretary of State’s guidance addressing the question of “minimum severity” was also argued.

    Background evidence on the situation in Ukraine included an Amnesty International report, Breaking Bodies, a US State Department report, and a third review by the UN human rights watchdog. The Court of Appeal accepted that the Upper Tribunal failed satisfactorily to engage with these documents (having criticized the First-tier Tribunal for the exact same error).

    Sir Rupert Jackson also held that “whether a draft evader facing a non-custodial punishment for failing to serve in an army which regularly commits acts contrary to IHL is entitled to refugee status” was a question of “overarching importance”. The issue had “not received proper analysis” from the tribunal.
    Therefore, the appeal was allowed and the case was remitted to the Upper Tribunal.
    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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