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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #811

    По умолчанию

    19 November 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)

    >>> Can a PBS dependant child of a Tier 4 general holder switch to a Tier 4 Child in the UK?

    The answer is “No” as on the basis of para:

    "245ZZC. Requirements for leave to remain

    (b) The applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as a Tier 4 migrant"

    fails, as a PBS dependant child does not have leave as a Tier 4 migrant.

    However, there are no restrictions against a PBS dependant from studying.
    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. #812

    По умолчанию

    20 November 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)

    >>> How long can a spouse of a British citizen/Settled person can remain outside the UK on one single visit while caring for a sick relative ?

    Guidance: https://assets.publishing.service.go...ext.pdf#page25

    Continue to collect evidence of a genuine and subsisting relationship with partner, and mother’s medical condition.
    E-LTRP.1.10.

    The applicant and their partner must intend to live together permanently in the UK and, in any application for further leave to remain as a partner (except where the applicant is in the UK as a fiancé(e) or proposed civil partner) and in any application for indefinite leave to remain as a partner, the applicant must provide evidence that, since entry clearance as a partner was granted under paragraph D-ECP1.1. or since the last grant of limited leave to remain as a partner, the applicant and their partner have lived together in the UK or there is good reason, consistent with a continuing intention to live together permanently in the UK, for any period in which they have not done so.

    >>> Can I extension my Visitor’s visa in the UK ?

    Only in limited circumstances.

    See Part 8 of the relevant Guidance: https://www.gov.uk/guidance/immigrat...-visitor-rules

    >>> My visa was issued but the start date is in 3 months from now. Can I Enter the UK before my visa starts ?

    Not recommended as under the Para 30C - https://www.gov.uk/guidance/immigrat...entryclearance :

    “An Immigration Officer may cancel an entry clearance which is capable of having effect as leave to enter if the holder arrives in the United Kingdom before the day on which the entry clearance becomes effective or if the holder seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance.”

    >>> EU children can be lawfully resident in the UK without exercising treaty rights: https://www.bailii.org/uk/cases/UKUT/IAC/2019/356.html

    The Upper Tribunal judgment in MS (British citizenship; EEA appeals) Belgium [2019] UKUT 356 (IAC) confirms that certain EU citizen children in the UK can be considered lawfully resident for the purposes of Article 8 of the European Convention on Human Rights, even if they (or their EU citizen parents or carers) have not exercised treaty rights and have no official Home Office documentation.

    The Upper Tribunal’s decision

    The tribunal agreed with the Secretary of State’s position that an adult EU national who is not exercising treaty rights and who has no other lawful basis for being in the UK is not lawfully resident here (see paragraphs 133 to 135 and 138).
    But compliance with Article 8 requires tribunals to make appropriate allowances, particularly where an EU citizen was a minor during their time in the UK. A flexible approach should be adopted where the facts suggest that an EU child’s time in the UK should not be categorised as unlawful.

    The official headnote

    "(1) If, on appeal, an issue arises as to whether the removal of a person (P) from the United Kingdom would be unlawful because P is a British citizen, the tribunal deciding the appeal must make a finding on P’s citizenship; just as the tribunal must do so where the consideration of the public interest question in Part 5A of the Nationality, Immigration and Asylum Act 2002 involves finding whether another person falls within the definition of a “qualifying child” or “qualifying partner” by reason of being a British citizen.
    (2) The fact that P might, in the past, have had a good case to be registered as a British citizen has no material bearing on the striking of the proportionality balance under Article 8(2) of the ECHR. The key factor is not whether P had a good chance of becoming a British citizen, on application, at some previous time but is, rather, the nature and extent of P’s life in the United Kingdom.
    (3) If P is prevented by regulation 37 of the Immigration (European Economic Area) Regulations 2016 from initiating an appeal under those Regulations whilst P is in the United Kingdom, it would defeat the legislative purpose in enacting regulation 37 if P were able, through the medium of a human rights appeal brought within the United Kingdom, to advance the very challenge to the decision taken under the Regulations, which Parliament has ordained can be initiated only from abroad.
    (4) In considering the public interest question in Part 5A of the 2002 Act, if P is an EEA national (or family member of an EEA national) who has no basis under the 2016 Regulations or EU law for being in the United Kingdom, P requires leave to enter or remain under the Immigration Act 1971. If P does not have such leave, P will be in the United Kingdom unlawfully for the purpose of section 117B(4) of the 2002 Act during the period in question and, likewise, will not be lawfully resident during that period for the purpose of section 117C(4)(a).
    (5) The modest degree of flexibility contained in section 117A(2) of the 2002 Act, recognised by the Supreme Court in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58, means that, depending on the facts, P may nevertheless fall to be treated as lawfully in the United Kingdom for the purpose of those provisions, during the time that P was an EU child in the United Kingdom; as in the present case, where P was under the control of his parents; was able to attend school and college without questions being asked as to P’s status; and where no action was taken or even contemplated by the respondent in respect of P or his EU mother."
    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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