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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #611

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    28 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

    >>> Entry clearance for a child whose parent has limited leave as a parent under appendix FM

    If the parent has leave to remain as a parent in the UK, then such a parent requires to prove the adequate maintenance and accommodation for the child, who will be applying for Entry Clearance:

    “E-ECC.2.3A. Where a parent of the applicant has, or is applying or has applied for, entry clearance or limited leave to enter or remain as a parent under this Appendix, the applicant must provide evidence that that parent is able to maintain and accommodate themselves, the applicant and any other dependants adequately in the UK without recourse to public funds.

    E-ECC.2.4. The applicant must provide evidence that there will be adequate accommodation, without recourse to public funds, for the family, including other family members who are not included in the application but who live in the same household, which the family own or occupy exclusively: accommodation will not be regarded as adequate if-
    (a) it is, or will be, overcrowded; or
    (B) it contravenes public health regulations.”

    This requirement contrasts with the parent, who, say, is in the UK as a partner, then such a parent would need to meet the Financial Requirement under the Appendix FM.
    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. #612

    По умолчанию

    29 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

    >>> How does the UK BA intends to use the HMRC data in assessing applications made un-der the EU Settlement Scheme ?

    The UK BA’s response is as follows:

    “The UK has decided, as a matter of domestic policy, that the main requirement for eligibility under the EU Settlement Scheme will be continuous residence in the UK. This means that those applying under the scheme will not be required to show that they meet all the requirements of current free movement rules, such as any requirement to have held comprehensive sickness insurance or generally to detail the exercise of specific rights (e.g. the right to work) under EU law.
    Where possible, the application process will help the applicant to establish their continuous residence, and whether it amounts to five years, on an automated basis using data held by HM Revenue and Customs (HMRC) and in due course also the Department for Work and Pensions (DWP). The Home Office will only access this data where the applicant volunteers their National Insurance number (NINo). Applicants can choose not to provide their NINo and instead demonstrate their residency using their own documentary evidence if they wish.

    Where the applicant provides their NINo, HMRC and DWP will provide data on interactions with the applicant that indicate the period of time that they have been resident in the UK only. The process will not display any personal data that relates to employment, tax, salary, benefits or pensions. The Home Office caseworker and applicant will only be presented with the period of residence covered by the data (the applicant sees this before they submit their application to enable them to add further evidence of their residence for periods not already covered by the data if they wish).

    Caseworkers will only be looking for evidence of residence and will not routinely be required to check that any evidence of employment provided by applicants has a matching tax record. And in any case applicants who wish to provide additional evidence of residence are not obliged to provide evidence of employment to do so. However, should clearly fraudulent or criminal activity be identified through the EU Settlement Scheme application process, information may be shared with the relevant authorities.”.
    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. #613

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

    >>> Luxembourg court to be asked if the UK can cancel Brexit

    Last week the Scottish Court of Session agreed to make a reference to the Court of Justice of the European Union in Luxembourg to determine whether the UK’s notice that it is leaving the EU under Article 50 can be cancelled.

    The case, formally known as Wightman & Others v Secretary of State for Exiting the European Union, has a fairly tortuous procedural history. Initially permission to proceed with the case was refused. This was overturned on appeal. The case proceeded but was refused on its merits by the Outer House (the Scottish equivalent of the High Court). This has now been overturned on appeal to the Inner House (the Scottish equivalent of the Court of Appeal).
    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. #614

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

    >>> Switching from a visitor visa into a partner’s route visa – further insight

    Ideally, the Entry Clearance is required, yet there are certain circumstances the applicant may need to lodge an in-country application. Should it be the case, the appendix EX1 is usually relevant. Often the references have to be made, for example, to the Baroness Hale in Chikwamba at the Para 8, and the Chen case at the Para 39. It may also be helpful to further rely upon the case of ZH (Tanzania).

    This is a complex and evolving area, so the expert advice, like ours, is needed in most cases.

    >>> Can a Tier 2 (ICT) dependent switch in-country into the Tier 2 (General) category ?

    Apparently, the answer is “NO”, under the Para 245HD.(b), which clearly prevents such an applicant from switching in-country.

    >>> Are you a few days/weeks short for a qualifying time for Settlement ?

    If you fall outside the 28 day period, you can apply for an extension and then vary the application when the requirements are met.
    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. #615

    По умолчанию

    05 October 2018 – Just useful and just 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 Immigration system (some brave prognosis) after the Brexit

    It is just the general view on how the UK immigration system MAY look like after the Brexit:

    1) EU free movement will come to an end
    2) There will be a level playing field between EU and non-EU workers
    3) Highly skilled workers will be prioritised
    4) The new immigration system is likely to be just an amended version of the current UK Immigration Rules
    5) The Tier 2 cap is likely to be scrapped
    6) Access to Tier 2 will be widened for employers and employees
    7) No separate visa route for low skilled work
    8) The Tier 5 Youth Mobility Scheme will be extended
    9) UK nationals will have to apply online before visiting the continent

    And…

    10) All of the above may be ditched depending on the trade deal offered

    >>> You are a non-EEA national with a British spouse in the prison. Is all lost ?

    Not necessarily. Although the UK BA tend to INITALLY refuse such applications. If so, the further option is to lodge an appeal (provided the Appellant otherwise satisfies the Rules), relying upon TZ (Pakistan) and PG (India).

    >>> Tier 4 Student application – what can be done, if there is “gap” between the course start date (in-country) applications

    There may be the case when a student completes one course and his current leave to remain expires BEFORE this new course is about to start say, in a couple of months’ time. The easiest option, is, of course, to leave the UK and re-apply from the applicant’s country of habitual residence.

    Yet there are cases when return home of undesirable. In this case and in order to “bridge the gap” the applicant may lodge a human rights application in-country and then, when it will be just 28 days before the start of the new course, vary his/her human rights application for the Tier 4 Student one.

    This is a complex area and the legal assistance from the immigration advocates like the Legal Centre (www.legalcentre.org) is strongly advisable

    >>> Can a visitor lodge an Entry Clearance application for a different immigration category, while in the UK ?

    Apparently, the answer is “No”, in line with the Para 28 of the Immigration Rules:

    “An applicant for an entry clearance must be outside the United Kingdom and Islands at the time of the application”.

    >>> Visitor visa refused ? Can one lodge an appeal ?

    Yes and No. Usually, there is no right of the appeal upon the refusal of the Visitor Visa application. At the same time, a Judicial Review claim can be lodged to the relevant court which, is successful, may result in the visitor visa being granted.

    >>> Settlement applications process in the USA – a major change

    Effective from the 10th September 2018.

    It should be noted that moving forward, Settlement applications submitted in the USA should still be sent directly to Sheffield, unless the PAC and the Settlement Premium Service is being used ($1900, in addition to the filing fee). The PAC scans and emails to Sheffield when using this service.

    To clarify the BCG in NY is no longer processing any applications, they are all being processed in Sheffield or Croydon.

    >>> No second chance for work visa applicants if sponsoring company loses licence: https://www.bailii.org/ew/cases/EWCA/Civ/2018/2103.html

    In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility of the Points Based System. It is also a good reminder of the purpose and policy behind the Tier 2 visa route.

    Briefly, if the UK BA revokes the Tier 2 Sponsorship license, the UK BA may not need to inform the Tier 2 migrants about it AND the Tier 2 migrants may not expect any grace from the UK BA to have (any) chance to find a new Tier 2 sponsor in-country.
    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. #616

    По умолчанию

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

    >>> UK Immigration Rues in one place: https://www.gov.uk/guidance/immigrat...on-rules-index

    Immigration Rules: Index

    The rules are divided into different documents. The index page will help you find the part you need.

    Not for the light hearted ©

    >>> IELTS Test and the hearing or listening difficulties : https://www.ielts.org/book-a-test/sp...g-difficulties

    >>> Guidance on how English language requirements are assessed for Tiers 1 and 2 of the points-based system: https://www.gov.uk/government/public...glish-language
    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. #617

    По умолчанию

    08 October 2018 – Just useful and just 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 switching from the Tier 2(ICT) into the Tier 2(General) possible without a 12 month cooling off period ?

    Apparently, the answer may be “Yes”. If the migrant is earning in excess of the (currently) £159 600 per year, the migrant can leave the UK and apply for the Tier 2(General) and thus avoid the 12 months cooling period.

    Note that the para 245HD.( c ) prevents such a migrant from switching in-country. At the same time the para 245HB.( g )(ii) exempts such a migrant from the 12 month cooling period when applying for entry clearance from outside the UK.

    >>> Has your immigration application been outstanding for years and years ?

    If your immigration application has been outstanding (that is, awaiting a decision by the UK BA) for years, then you may be able at least able to put some pressure upon the UK BA by at least relying upon the case of the Secretary of State for the Home Department v Said [2018] EWCA Civ 627.
    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. #618

    По умолчанию

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

    >>> Notes on the UK BA pre-Settled and Pre-Settled Status roll-out programme from the recent UK BA meeting – how will the Settled and Pre-Settled process look like

    “Roll out – the default position is that there is no personal checking of docs before applying. There is an app which allows you to take a scan of your passport. The app will read the passport’s biometric and pass the data to the UK BA. Other documents (eg evidence of residence) can be photographed or scanned by the applicant and emailed to the UK BA. Generally, only where there is something suspicious, or deficient, about a document, will a caseworker ask the applicant to submit an original by post.

    There will be a personal check of docs if the applicant chooses not to use the app – they can send passports to the UK BA to be checked and sent back, or attend a face to face appointment to have their document verified and given back. And of course the UK BA reserves the right to ask for identity documents to be submitted for manual checks even if the applicant has used the app (for example if the chip didn’t read properly).

    Applicants opened the web page by first choosing an EEA/other option. There is an option for a British citizen. It is assumed that choosing this option takes you to information for the British Citizen dual national citizens and the British Citizens and advises that you do not need to apply.

    First the applicant registers an email, receives an email to activate, continues with the application and creates an account.

    Roll out – simply does this more smoothly than was the case in the pilot.

    Provide name (title can be problematic – some passports include it with the name, some don’t).

    There is a male/female option.

    Roll out – non-binary option is under discussion but is unlikely to be included as it does not exist for other forms of ID.

    Option for entering relationships (family members don’t need to apply at the same time as the EEA national but it is generally advisable for the EEA national to enter them here).

    Drop down box for indicating nationality. This does not include ‘stateless’ (which may be relevant for a family member).

    Enter passport details or ID card details (see above re phone app which will auto populate all the personal data (name, DOB, nationality etc) included in the passport’s chip, as well as the passport details.)

    Option for ‘any other nationality?’

    Photo upload using webcam

    Roll out – using mobile camera or upload. There is no requirement for a formal passport photo.

    Confirm mobile number and address. Option to send correspondence elsewhere.

    Two questions: Do you have permanent residence documentation? And Do you have indefinite leave? Enter reference numbers.

    Roll out – these questions will be made clearer as they confuse those EEA nationals who have had nothing to do with any immigration controls. The person must have got evidence of Permanent Residence from the UK BA, not simply have acquired it.

    National Insurance Number – record is checked within one minute on upload of the application.

    Roll out – Some tax payments, and some benefits, are not proof of residence, so there will be work done to identify those in the NI records.

    Convictions of any kind – give details.

    Questions on war crimes/genocide etc. as per other application forms. Further info/definitions appear if you hover over the question.

    Website then asks for £65 payment if you have not answered ‘yes’ to ‘do you have documented PR/ILR?’
    Child fee is £32.50.

    Credit card payment – someone else can pay for you if you don’t have a card.

    Roll out – other options?

    After the payment page, a page tells the applicant whether they are being considered for Settled or pre-Settled status (see below for criteria, meaning etc).

    If you’re being considered for pre-settled status and you believe you should be considered for settled status you have the option to provide evidence to support this. If you choose to do so at this stage the next page will tell you which years of residence have a tick for residence accepted, and which do not. You can then upload or send documents to satisfy residence for those years where the NI record is insufficient, or provide evidence of residence for an en-tirely different period if that is easier (the NI look up defaults to searching for the most re-cent residence period). If you agree that you have not been resident for 5 years, then you just accept the pre-settled status. The UK BA wants to discourage discussion at this stage – if, for example, you get pre settled status, you can apply for free to upgrade to settled status, with evidence, at the point where you accumulate your 5 years’ residence. You don’t need to ar-gue about it or send any evidence about it at the initial stage. It’s meant to be simple – 5 years, or no 5 years?

    You get the page with the details of the proposed decision and a reference number sent to your email.

    If you want a copy of the information you have put on the application, you can download it.

    Roll out – you can download it to your device or have it emailed to you.

    That is it for the time being.

    What happens next?

    The application has to be checked by a human. At that stage the caseworker may call for any dubious documents to be sent in or ask for additional evidence, if required.
    The caseworker is not looking out for fraud in relation to benefits or tax. If the proof of resi-dence box is ticked, eg. because in that year some NI payments have been made, or some benefits have been paid out, the caseworker does not see the full detail of that (eg employer name, amount of tax, benefit type etc). If there are missing years then the person may need to upload additional evidence, and the caseworker will see that and consider whether it meets the evidence of residence requirement. As per the published guidance, the evidence submitted does not need to be evidence of employment or any ‘permitted activity.’
    The default position is that no documents are sent. The exceptions are where there are a very large number of pages which exceed the file upload limit (which they don’t envisage hap-pening as you don’t need much evidence for proving residence in any one year…..); or the caseworker calls for them – see para above.

    Obviously the UK BA can’t make a policy statement that they won’t ever refer information to DWP/HMRC to prosecute fraud, but they’re not searching for it at this stage. There is no duty on the HO to pass on discrepancies to other government agencies. The HO does not want to ‘disincentivise’ people from applying.
    There will be a security check run, as for all applicants for some form of immigration status. The caseworker will be interested in any discrepancies between security information and declarations on the application form and will ask for more information. The criteria for re-fusal are set out in the draft withdrawal agreement.

    The UK BA said that they are not interested in minor offences eg. Driving penalties. Full details have been published elsewhere.

    What does pre-settled status mean?

    The easy answer is that it is a five year permit for those who cannot already evidence 5 years’ residence in the UK (you choose any period). After 5 years residence the person can apply for settled status. It is an immigration status only.

    The statement of intent explains the other rights eg. It is not lost with up to two years’ absence from the UK, and in a footnote on p32: ‘They will continue to have to provide evidence that they meet the relevant eligibility requirements, eg. In any benefit claim or application for social housing, supported housing or homelessness assistance.’

    The UK BA stated that there is no existing definition of ‘pre-settled status’ in benefits/housing law. The intention of the Settlement Scheme is to give security to resident EU citizens by regularising their immigration status, not to entitle people to mainstream benefits when they are not already entitled to them. The test for getting pre-settled status is anything from one day’s ‘residence’ in the UK up to 4 years and 364 days. Such a (potentially) short period should not on its own give rise to an entitlement to social benefits. The pre-settled status is just an immigration category. People with it will still have to comply with existing requirements for EEA nationals as to being qualified by exercising Treaty rights and by hav-ing the right to reside. The UK BA confirmed that before the end of the implementation pe-riod in Dec 2020 there will probably need to be legislation which determines what social benefits those with pre-settled status will have, in the period before they become settled and after the end of the implementation period when their (defined) EEA rights fall away.

    The UK BA also confirmed that those who do not apply before the end of the grace period ie. June 2021, will have no recognised immigration status afterwards. (Therefore, until that point those who have not registered for pre/settled status will be relying on their existing EEA rights.)

    The rights or status of people who enter by Dec 2020 and only register between then and June 2021: the UK BA said that as long as they enter by 23.59 on 31 December 2020 they are covered by the Withdrawal Agreement and can reside lawfully on that basis until 30 June 2021, by which time they must have made an application to the scheme.
    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. #619

    По умолчанию

    What does settled status mean?

    Note – this part is explicitly not confirmed by the UK BA policy people because it’s DWP policy: Settled status does have a meaning in benefits/housing law (it is like ILR) but it has not yet been defined in relation to that law in legislation. The intention is that those with set-tled status will be treated like those with ILR, and I understand that that is the case from the date of grant of settled status and has nothing to do with transition etc. Therefore, I under-stand that people with settled status will be subject to the hab res test in benefits law, as Brit-ish citizens are.
    EEA nationals with ILR appear to gain an advantage by applying for settled status – it’s free to convert, it’s currently advantageous for family members of EEA nationals, and it’s not lost with up to 5 years’ residence abroad.

    Will there be a hard copy document?

    The UK BA confirmed that EEA nationals will not get a document. They will be able to print out the email and pdf of the letter confirming that they have pre/settled status but they will not be able to use it as proof of their status. It is an ‘online status’. They can share a log-on to the evidence of their status with an employer, landlord. It is more updatable, more practical.

    Cards get lost, damaged, stolen, have room for less information.

    The UK BA wishes to move to a ‘no documents’ system, so did not want to begin a card sys-tem for EEA nationals.
    Non-EEA nationals will get a card like the existing BRP if they do not already have one.

    Meaning of settled status for citizenship?

    Settled status is a grant under UK immigration law. For those who get it on registration and did not have ILR or documented permanent residence before, their period free of immigra-tion control will begin on the day of the grant of settled status. The UK BA said nothing about proof of residence for being granted pre/settled status as having any meaning under the BNA, which requires proof of specific periods of residence.

    The UK BA added that where someone wishes to demonstrate that they qualify for British citizenship sooner than one year from the grant of settled status they can continue to apply to have their permanent residence documented and that will retrospectively confirm the date they became from free from immigration time restrictions which can then be used to calculate the date that they qualify/qualified for British citizenship.”.
    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. #620

    По умолчанию

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

    >>> Children of unmarried British citizen or settled fathers guidance: https://www.gov.uk/government/public...olicy-guidance

    >>> Complete visas and immigration operational guidance: https://www.gov.uk/topic/immigration...ional-guidance

    >>> Immigration tribunals lose their way in overcomplicated human rights rules: https://www.bailii.org/scot/cases/ScotCS/2018/[2018]_CSIH_65.html

    The appeal of Orhan Mendirez [2018] CSIH 65 is an interesting judgment from the Inner House in which both the Upper Tribunal and First-tier Tribunal come in for criticism. Both failed to approach their decision-making task, in an appeal focused on Article 8 of the European Convention on Human Rights, with the “anxious scrutiny required”.

    The decision illustrates two characteristics of our immigration law at present. Firstly, that the law is unnecessarily tortuous as regards the proper assessment of family life rights under Article 8. Secondly, that this complexity detracts from the tribunal’s primary function, which is to resolve matters of fact.
    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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