Страница 63 из 63 ПерваяПервая ... 1353616263
Показано с 621 по 627 из 627

Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #621

    По умолчанию

    12 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 Government Update: statement by Caroline Nokes MP on the Immigration Health Surcharge increase: https://www.parliament.uk/business/publicat...-10-11/HCWS995/

    The NHS surcharge fee will double. Students and those under the Youth Mobility Scheme will pay £300 (previously £150) per years, while anyone else will be paying £400 (previously £200) per year.

    These changes do not affect permanent residents, who are not required to pay the IHS. Certain vulnerable groups such as asylum seekers and modern slavery victims are exempt from paying the IHS. Short-term migrants (including those on visitor visas) and those without permission to be in the UK are generally charged for secondary care treatment by the NHS at the point of access.

    >>> UKVI Guidance: Statement of changes to the Immigration Rules: HC 1534: https://www.gov.uk/government/publications/...11-october-2018

    The Government has laid out a statement of changes to the Immigration Rules, and an explanatory memorandum.

    >>> UKVI Guidance: EU Settlement Scheme pilot: applicant eligibility: https://www.gov.uk/guidance/eu-settlement-s...ntent=immediate

    A new phase of the EU Settlement Scheme pilot will open on 1 November 2018 and will run until 21 December 2018.
    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. #622

    По умолчанию

    12 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 Government Update: statement by Caroline Nokes MP on the Immigration Health Surcharge increase: https://www.parliament.uk/business/p...10-11/HCWS995/

    The NHS surcharge fee will double. Students and those under the Youth Mobility Scheme will pay £300 (previously £150) per years, while anyone else will be paying £400 (previously £200) per year.

    These changes do not affect permanent residents, who are not required to pay the IHS. Certain vulnerable groups such as asylum seekers and modern slavery victims are exempt from paying the IHS. Short-term migrants (including those on visitor visas) and those without permission to be in the UK are generally charged for secondary care treatment by the NHS at the point of access.

    >>> New service from the UK BA beginning in November 2018

    From the UK BA email:

    “From next month, UK Visas and Immigration is introducing new, streamlined services, allowing customers in the UK to submit all necessary evidence and personal information to support their application quickly and securely through a joined up journey.

    The new services will offer a range of benefits to customers, including:

    • A streamlined online journey for most application types, with an intuitive easy-to-use form making it easier to apply and the option to purchase additional services for convenience or speed;
    • A modernised, digital and more secure process to submit key evidence and personal information, with most customers able to retain their passports and other valuable evidence rather than sending them separately to UKVI;
    • Fast and convenient self service with the ability to make applications and upload evidence from home;
    • More flexible on-demand, mobile application services, for example at university campuses, employers’ offices or individual customers’ homes;
    • Enhanced support for vulnerable customers through a range of financial support for travel costs and mobile services.

    UK Visa and Citizenship Application Service

    The vast majority of customers will complete their applications via the UK Visa and Citizenship Application Service (UK VCAS), delivered by our commercial partner Sopra Steria. Appointments will be available for free in centres located in 6 major cities; with an additional 50 local user-pay service centres located in libraries; and a user-pay premium service point in central London.

    These centres will open around the country from 5th November to early December 2018. During this period, the majority of customers can choose whether to enrol their biometrics and submit their evidence via these new centres or use the existing processes, such as the Post Office.

    UKVI Service and Support Centres
    For other customers who may be in positions of vulnerability or need more face to face help with their application, free appointments will be offered in 7 dedicated Service and Support Centres (SSCs) from January 2019. This will enable experienced UKVI staff to better understand the customer’s circumstances, validate evidence, and take appropriate action to support them. These customers will continue to use the existing process until January.

    Application forms and GOV.UK

    Customers will be intuitively led through an online application process, making it clear what they need to do, what supporting evidence they should provide and where they need to go to complete their application.
    UKVI’s ambition is to offer a modern, world class customer service to all customers. As such, most visa and immigration services are now available online to customers in the UK via GOV.UK.

    Over the next few months the majority of paper forms will be withdrawn and most UK-based customers will need to apply via GOV.UK online.

    Support is available to help customers to complete their application online. The Assisted Digital Service aims to ensure that nobody is excluded from making an immigration application due to lack of digital skills or access to a computer. Eligible customers are offered telephone support, or face to face support at a library or their home, to help them access and complete the online form. This service does not provide immigration advice.

    We will be in touch later on this month with full details of when every site will open and the process to be followed.
    For any questions relating to these new services, please contact FrontEndServicesTeam@homeoffice.gov.uk Premium Sponsors should contact their licence manager.
    UKVI and Sopra Steria look forward to working with you to deliver an improved customer service and application process from next month.

    Regards,
    UK Visas and Immigration.”

    >>> UKVI Guidance: Statement of changes to the Immigration Rules: HC 1534: https://www.gov.uk/government/public...1-october-2018

    The Government has laid out a statement of changes to the Immigration Rules, and an explanatory memorandum.

    >>> UKVI Guidance: EU Settlement Scheme pilot: applicant eligibility: https://www.gov.uk/guidance/eu-settl...tent=immediate

    A new phase of the EU Settlement Scheme pilot will open on 1 November 2018 and will run until 21 December 2018.
    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. #623

    По умолчанию

    12 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

    >>> New statement of changes to the Immigration Rules: HC 1534 – An in-depth review of the changes

    There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether they will in practice or still refuse for minor mistakes is another matter.) In addition, the Home Office will no longer insist on seeing original documents: copies may be provided. So far, all in line with the Secretary of State’s plan to “introduce an immigration system that allows staff greater freedom to use their common sense”.

    Except where otherwise indicated, these changes will come into force on 5 November, although the statement of changes does not specify whether it is for applications submitted after 5 November, or decided after 5 November.

    Making a valid application, fee waivers and passports

    Paragraph 34 of the Rules, which deals with valid and invalid immigration applications in the UK, is amended to reflect the introduction of a new in-country application process from next month. The bottom line is they are trying to go digital — see the explanatory memorandum here: https://assets.publishing.service.go...accessible.pdf - says “the ambition is that most applicants will apply online” — and most people will be able to keep their original documents. Accordingly:

    applicants will no longer need to submit passport-size photographs. This has probably been a redundant requirement for some time, given that applicants are already required to enrol their biometric information, which includes a photograph, as part of their application.
    • paper forms can only be used if submitting the application by post. Those who will want to use the Premium Service Centre, or its future equivalent – see https://www.gov.uk/government/news/s...-ukvi-contract - will need to apply online.

    If certain (minor) issues arise during the application process, then:

    • where an applicant has not submitted a “valid” application, the Secretary of State may give them an opportunity to rectify the mistake within a specified timescale. It used to be that they could only give 10 working days, but they now have discretion to give more time – or less – it still needs to be confirmed
    the Secretary of State now has discretion to consider an invalid application as valid, provided the specified fee was paid and proof of identity submitted (or, if not submitted, one of the exceptions to submit a proof of identity apply – see paragraph 34(5)). For example, if an applicant were to submit the wrong form, or submit an incomplete form, the Secretary of State could still consider the application as if it had been submitted on the right form.
    the Secretary of State will return an applicant’s ID while the application is outstanding, unless he “considers it necessary to retain it”. This is welcome news. Not having a passport can be problematic: it is needed to give notice of an intention to marry or sit the English language / Life in the UK tests. However, leaving the UK while an application is pending will still result in the application being treated as withdrawn
    • those who want to apply for a fee waiver can apply online. They will need to make the fee waiver application first. Once that has been considered and they have received a decision by the Home Office, they will then need to make the application for leave to remain within 10 days. As long as the application for leave to remain is made within those 10 days, the date of the application will be the date of the fee waiver, therefore protecting those who make fee waiver applications on time from becoming overstayers.

    These changes will take effect on 1 November, and will apply to applications made on or after that date.

    More flexibility and copies of documents


    Changes to part 6A of the Rules, relating to Point Based System migrants, also offer more flexibility. For example, officials can decide to:

    • request an applicant to submit specified evidence which they have left out entirely. As the Rules are currently drafted, they could only do so if “some of the documents within a sequence have been omitted (for example, if one page from a bank statement is missing) and the documents marking the beginning and end of that sequence have been provided”.
    • request more evidence as many times as they wish (the Rules currently specify that a request for documents will only be made once)
    • grant an application even if a specified document is omitted or submitted in the wrong format, if the missing information is verifiable from other documents provided in the application or elsewhere.


    Documents will not be requested when even if they were provided, the application would still fall to be refused.

    These are the good news for the applicants who are worried about having missed any one document in circumstances where it is clear from the rest of the application that the Rules are met. Of course, caseworkers are not obliged to request missing documents (the Rules say “may”, not “must”), but it is hoped discretion will be used whenever applications would otherwise clearly meet the rules.

    Another positive development is being able to submit copies of documents rather than originals. These changes are made throughout the Rules, where all references to “original” (as far as it can be seen now) were deleted and/or replaced with “copies”. This can save applicants money and administrative nightmares.

    The Legal Centre has been pioneering this approach for over a decade, long before the UK BA decided to “repeat” the firm’s experience. For example, the Legal Centre’s client and the sponsor (spouse) can simply upload their documents into a shared Dropbox folder, and the application can be printed out by either one to submit to the relevant body (the Visa Application Centre in the applicant’s country or Sheffield (for the Settlement applications in certain countries).

    EU Settlement Scheme


    Changes to the EU Settlement Scheme include:

    • changes to reflect the second trial phase of the scheme, which will run from 1 November to 21 December 2018. Details of who will be eligible to apply during this second phase are at pages three to six of the statement of changes and summarised here: https://homeofficemedia.blog.gov.uk/...cheme-phase-2/ They include staff in the higher education, health and social sectors across the UK, and “vulnerable individuals” supported by specific local authorities and community groups.
    • the introduction of a right to administrative review. This will be available to those whose settled status application is refused on the basis that they do not meet the eligibility requirement and those who are granted limited (pre-settled) rather than indefinite (settled) leave to remain. Those refused on the basis of suitability or those whose application is rejected as invalid will not have a right to administrative review. They are better than typical administrative reviews:

    o the application can be made from outside or inside the UK, and it will not be considered withdrawn if an applicant leaves the UK while the administrative review is pending
    o the deadline to apply is 28 days after receipt of the refusal (normally the deadline is 14 days for people applying from inside the UK, and 28 if they are applying from abroad)
    o the reviewer can take into consideration documents submitted in support of the administrative review which were not available to the decision-maker at the time of the decision (this can only be done in rare circumstances for other administrative reviews) and can even take themselves the initiative to request further documents to an applicant
    • amendments are made to align the rights of “Surinder Singh” family members to the family members of EU citizens.

    These changes come into place on 1 November.

    Other changes

    The list of subjects which require an Academic Technology Approval Scheme certificate is updated. The majority of the changes seem to reflect a technical change of name by the Higher Education Statistics Authority rather than a change in the subjects. These changes will take effect on 1 January 2019 for decisions made on or after that date.

    Appendix KOLL now specifies the evidence that applicants must provide if they want a medical exemption from the requirement to pass the English language or the Life in the UK tests. People must provide a copy of the form published on gov.uk for this purpose, which can be found here: https://www.gov.uk/government/public...ntal-condition - completed by a doctor who is either:

    a. the applicant’s GP or a GP based in the practice with which the applicant is normally registered; or
    b. a General Medical Council (GMC) registered consultant

    This doctor must have “met with the applicant in person, assessed their ability to fulfill the requirements set out in this appendix, and supports their request for an exception from either or both elements of KOLL on the basis that they have a condition which would prevent them from satisfying the requirements for the foreseeable future”.
    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. #624

    По умолчанию

    16 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

    >>> A successful Judicial Review may, unfortunately, break down the continued residence

    This is because a judicial review does not extend the leave under the Section 3C. The UK BA may, therefore, consider the applicant’s continuous lawful residence under Long Residence as broken.

    >>> Losing a Tier 2 sponsorship while applying for ILR

    If one applies for ILR on the basis of competing a 5 year employment period and then the current employer withdraws/loses the Certificate of Sponsorship, any new employer of that Tier 2 migrant will need to apply for a new certificate of sponsorship on the basis of para 14 of the court of appeal judgement in QI ( PAKISTAN ): https://www.bailii.org/ew/cases/EWCA/Civ/2011/614.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

  5. #625

    По умолчанию

    17 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


    >>> UKVI forms: Application to transfer UK visa to new passport: https://www.gov.uk/government/public...tent=immediate

    The form to apply to transfer a visa to a new passport if you have not travelled to the UK yet has been updated.

    >> Upper Tribunal tackles the law on the parent/child relationship: https://www.bailii.org/uk/cases/UKUT/IAC/2018/334.html

    In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here.

    The case is helpful for two reasons:

    1. The Home Office’s approach to section 117B(6) in its new guidance, published in February 2018 and discussed on this blog by Nath shortly afterwards, is firmly rejected
    2. The tribunal provides a useful summary of the law on evaluating the parent/child relationship

    The official headnote:

    1. If a parent (‘P’) is unable to demonstrate he / she has been taking an active role in a child’s upbringing for the purposes of E-LTRPT.2.4 of the Immigration Rules, P may still be able to demonstrate a genuine and subsisting parental relationship with a qualifying child for the purposes of section 117B(6) of the Nationality Immigration and Asylum Act 2002 (‘the 2002 Act’). The determination of both matters turns on the particular facts of the case.

    2. The question of whether it would not be reasonable to expect a child to leave the United Kingdom (‘UK’) in section 117B(6) of the 2002 Act does not necessarily require a consideration of whether the child will in fact or practice leave the UK. Rather, it poses a straightforward question: would it be reasonable “to expect” the child to leave the UK?

    >>> New asylum policy on non-Dublin third country cases: https://www.gov.uk/government/public...-country-cases

    The Home Office has published a new policy document entitled Inadmissibility: EU grants of asylum, first country of asylum and safe third country concepts, all about non-Dublin third country cases. It covers Immigration Rules 345A-D on asylum claims where the claimant has:

    1. Already been granted protection in another EU country (rule 345A)
    2. Already been granted protection in a non-EU country which is considered safe (rule 345B)
    3. A “sufficient degree of connection” to a non-EU safe country to be removed there (rule 345C and 345D)
    There are few if any such cases really, so the time spent writing the policy was no doubt time “well” spent.

    >>> Tribunal to make its own decisions on trafficking cases: https://www.bailii.org/uk/cases/UKUT/IAC/2018/335.html

    In ES (s82 NIA 2002, Negative NRM) [2018] UKUT 335 (IAC) a victim of trafficking from Albania had been assessed by the Home Office not to be a victim of trafficking under the National Referral Mechanism. Previous cases have held that the tribunal is effectively fixed with the NRM trafficking decision. Not so, finds Judge Nadine Finch.

    Not only does Judge Finch distinguish earlier Court of Appeal authority but she also disagrees with the earlier determination of Judge Gill in AUJ (Trafficking – no conclusive grounds decision) Bangladesh [2018] UKUT 200 (IAC), commenting that the relevant finding was obiter and not part of the official headnote.

    The official headnote to ES:

    1. Following the amendment to s 82 of the Nationality, Immigration and Asylum Act 2002 (‘the 2002 Act’), effective from 20 October 2014, a previous decision made by the Competent Authority within the National Referral Mechanism (made on the balance of probabilities) is not of primary relevance to the determination of an asylum appeal, despite the decisions of the Court of Appeal in AS (Afghanistan) v SSHD [2013] EWCA Civ 1469 and SSHD v MS (Pakistan) [2018] EWCA Civ 594.
    2. The correct approach to determining whether a person claiming to be a victim of trafficking is entitled to asylum is to consider all the evidence in the round as at the date of hearing, applying the lower standard of proof.
    3. Since 20 October 2014, there is also no right of appeal on the basis that a decision is not in accordance with the law and the grounds of appeal are limited to those set out in the amended s 82 of the 2002 Act.

    Also, some interesting discussion in the determination of assessing vulnerability of a witness and then how to deal with that witness’s evidence. Good to see a realistic and humane approach being adopted by the UK BA Presenting Officer.
    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. #626

    По умолчанию

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

    >>> Tribunal President says bus drivers and brain surgeons to be treated the same: https://www.bailii.org/uk/cases/UKUT/IAC/2018/336.html

    Thakrar (Cart JR; Art 8: value to community) [2018] UKUT 336 (IAC) is a rare example of a case where permission to appeal to the Upper Tribunal was only granted by a High Court judge after a Cart judicial review of the Upper Tribunal. To put it another way, the Upper Tribunal did not think there was merit in the case but was forced to hear it anyway by a High Court judge.

    The head-note:

    (1) The fact that an application for permission to appeal involves the assertion that a per-son’s removal from the United Kingdom would violate his or her human rights does not, without more, engage that part of the second appeal criteria, which allows permission to appeal (or permission for a ‘Cart’ judicial review) to be granted, on the basis that removal consti***es a ‘compelling reason’ for the appeal to be heard. If the position were otherwise, the second appeal criteria would lose their function as a restriction on the power to grant per-mission to appeal in immigration cases.
    (2) Before concluding that submissions regarding the positive contribution made by an individual fall to be taken into account, for the purposes of Article 8(2) of the ECHR, as diminishing the importance to be given to immigration controls, a judge must be satisfied that the contribution is very significant. In practice, this is likely to arise only where the matter is one over which there can be no real disagreement. One touchstone for determining this is to ask whether the removal of the person concerned would lead to an irreplaceable loss to the community of the United Kingdom or to a significant element of it.
    (3) The fact that a person makes a substantial contribution to the United Kingdom economy cannot, without more, consti***e a factor that diminishes the importance to be given to immigration controls, when determining the Article 8 position of that person or a member of his or her family.
    (4) If judicial restraint is not properly maintained in this area, there is a danger that the public’s perception of human rights law will be significantly damaged.”
    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. #627

    По умолчанию

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

    >>> Is completion of a 10 year lawful residence route possible with a visitor visa ?

    Technically, yes, that is possible. However, visitors applying for ILR or another category may be refused under 322(7) because of V 4.2 (a) & (c), unless there was a strong change of circumstances.

    >>> UK Students – what work you CAN NOT do: https://www.ukcisa.org.uk/Informatio...ork-can-you-do and the in-depth information here, too: https://www.ukcisa.org.uk/blog/6257/...ing-definition

    >>> Court of Appeal says statelessness must be proved on balance of probabilities: https://www.bailii.org/ew/cases/EWCA/Civ/2018/2234.html

    In AS (Guinea) v Secretary of State for the Home Department [2018] EWCA Civ 2234, the Court of Appeal has in effect rebuffed an attempt by the UN High Commissioner for Refugees to make it easier to establish statelessness. The court ruled that the standard of proof for determining a statelessness application is the normal civil standard, i.e. the balance of probabilities.

    The appellant had argued that the “real risk” standard of proof, which is used for determining refugee status, should be applied. That lower standard is recommended by the UNHCR in a 2014 handbook on how to apply the 1954 Statelessness Convention. Instead, the Court of Appeal chose to follow a line of domestic authority supporting the use of the ordinary civil standard and noted that, of the states which are party to the Convention, only six use a standard of proof below the balance of probabilities.

    >>> High Court upholds Home Secretary’s decision to cancel passports of British citizens: https://www.bailii.org/ew/cases/EWHC...2018/2651.html

    An important decision by the UK High Court that demonstrates that possession of a British passport is precarious. Having a passport is a privilege, not a right, and the Home Secretary can exercise his power under the royal prerogative to cancel a passport if he thinks it is in the public interest.

    >>> UKVI form triple update: Application for a replacement biometric residence permit: BRP(RC); Application to transfer indefinite leave to remain in UK: NTL; Application to transfer visa to biometric residence permit: TOC

    The forms have been now 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

Страница 63 из 63 ПерваяПервая ... 1353616263

Информация о теме

Пользователи, просматривающие эту тему

Эту тему просматривают: 4 (пользователей: 0 , гостей: 4)

Ваши права

  • Вы не можете создавать новые темы
  • Вы не можете отвечать в темах
  • Вы не можете прикреплять вложения
  • Вы не можете редактировать свои сообщения
  •