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Тема: Важные судебные решения и полезная информация для иммигрантов

  1. #351

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    Значительное увелечение цен UK BA с 06-04-2017

    Significant increase the UK BA fees: http://www.legislation.gov.uk/uksi/2...0170515_en.pdf

    Immigration and Nationality (fees) Regulations 2017: changes to come into effect on 6 April 2017 (4 April 2017)
    New fees will take effect from 6 April 2017. These are set out in the Immigration and Nationality (Fees) Regulations 2017, SI 2017/515. There are some very substantial increases, in particular in the case of ILR which will now cost over 2000.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  2. #352

    По умолчанию

    05 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    Marriages and civil partnerships in the UK Guidance: https://www.gov.uk/marriages-civil-p...reign-national

    List of the designated Register Offices in the UK for visa nationals to give Notices of Marriage to: https://www.gov.uk/government/upload...Os_GOV_UK..pdf

    How to cancel a (partner/dependent etc) visa when you separate or divorce ?

    One can write to the Manchester Curtailment Team: https://www.gov.uk/visas-when-you-se...ll-home-office and request the other party's visa to be cancelled

    An EEA national, who obtains a Permanent Residence status in the UK and, provided that EEA national does not become a British citizen, can still sponsor other family members so they can come to live with that EEA national in the UK under the EEA law. That means that that EEA national with the Permanent residence status is no longer required to show that he/she is a qualified person any more.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  3. #353

    По умолчанию

    Обратите внимание, с 06 апреля 2017 года изменились многие иммиграционные формы


    06 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre


    ⦁ Following the UK BA application fees rise on the 6th April 2017 (some very significant), the UK BA also introduced new application forms for quite a number of the immigration categories, including the new forms for both the UK (FLR, SET etc) and EEA (EEAFM etc) immigration laws applications 6th April 2017
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  4. #354

    По умолчанию

    07 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    Following the UK BA application fees rise on the 6th April 2017 (some very significant), the UK BA also introduced new application forms for quite a number of the immigration categories, including the new forms for both the UK (FLR, SET etc) and EEA (EEAFM etc) immigration laws applications from the 6th April 2017

    Immigration Skills Charge Regulations 2017 finalised version (5 April 2017)

    The finalised version of the Immigration Skills Charge Regulations 2017 has been published after having been laid before parliament. The Immigration Skills Charge Regulations 2017 SI 2017/499 were made on 29 March 2017 and will come into force on tomorrow, 06 April 2017.

    The finalised version of the regulations can be found here: http://www.legislation.gov.uk/uksi/2.../contents/made

    According to the UK BA, the Immigration Skills Charge will not apply to the following category of migrants:

    - a non-EEA national who was sponsored in Tier 2 before 6 April 2017 and is applying from inside the UK to extend their Tier 2 stay with either the same sponsor or a different sponsor
    - a Tier 2 (Intra-Company Transfer) Graduate Trainee
    - a worker to do a specified PhD level occupation
    - a Tier 4 student visa holder in the UK switching to a Tier 2 (General) visa

    New sets of UK BA Guidances published 5 April 2017 (6 April 2017)

    A number of the new UK BA guidances were published yesterday, following the UK BA fees rise (some significant). The easiest place to get an overview is here: https://www.gov.uk/government/public...nd-immigration


    It has been reported that migrants can be detained if, following their immigration applicataton, when are being called to receive a decision in person at one of the UK BA offices


    A child visiting a parent, who has ILR and also has sole responsibility for that child, may potentionally apply in the UK to switch into a dependent's category under the paragraphs A277, A280(b), 298, 299, etc,. However, it shold be noted that the UK BA may refuse such a switching application under the paragraph 322(7) because of V4.2 (a) & (c), unless there was an acceptable change of circumstances
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  5. #355

    По умолчанию

    11 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    An EEA national, who obtains Permanent Residence status in the UK, does not need to maintain qualified person status in the future in order to reside in the UK, sponsor other family members etc

    The current version of the Retained Right of Residence (if a non-EEA national divorces an EEA national) can be found here: https://www.gov.uk/government/public...t-of-residence

    General grounds for refusal: criminal convictions, public good, character, conduct and associations

    Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. This has always been so, but in December 2012 the rules were changed to permanently ban entry of those with serious convictions, other than in certain very narrow circumstances, and to impose entry bans of various lengths in other cases.

    General grounds for refusal of applications for entry clearance or leave to enter are set out at paragraph 320 of the Immigration Rules and general grounds for refusal of applications to extend or vary leave are set out at paragraph 322

    The UK BA is clearly profiteering on the migrants

    New fees for immigration and nationality applications come into effect on 6 April 2017. The changes include an increase of 18% in settlement (ILR) applications to £2,297 and dependent relative applications to a huge £3,250.

    Many suspect the Home Office makes a hefty profit on these fees. They are correct. The actual cost of processing an ILR application is £252 and a naturalisation application cost the Home Office £386. Most outrageous is the application fee for registering a child as British. The fee in 2017 is £973, which has just gone up yet again, but the actual cost was £386.

    It is not just individual migrants who are being squeezed for fees. The Immigration Skills Charge Regulations 2017 have also been published, coming into effect on 6 April 2017. These impose on employers who recruit foreign workers from outside the EU a charge of £1,000 per worker per year. A lower charge of £364 per worker per year is applicable to small businesses and universities and some exemptions apply. The charge only applies to new recruits, not existing ones.

    Upper Tribunal dismisses appeal against deprivation of citizenship of Rotherham sex gang: Ahmed and Others (deprivation of citizenship) [2017] UKUT 118 (IAC)

    The official headnote:

    (i) While the two fold duties enshrined in section 55 of the Borders, Citizenship and Immigration Act 2009 are imposed on the Secretary of State, the onus of making representations and providing relevant evidence relating to a child’s best interests rests on the appropriate parental figure.

    (ii) A failure to discharge this onus may well defeat any argument that there was a proactive duty of enquiry on the Secretary of State in a given context.

    (iii) In deprivation of citizenship cases, section 55 issues arise at two stages: at the deprivation of citizen stage and at the later stage of proposed removal or deportation.

    (iv) As the subject of national citizenship lies exclusively within the competence of Member States, EU law has no role to play in deprivation cases: G1 v SSHD [2012] EWCA Civ 867 applied.

    (v) The Secretary of State’s deprivation of citizenship policy confers a wide margin of appreciation on the decision maker.

    (vi) Part 5A of the Nationality, Immigration and Asylum Act 2002 does not apply to deprivation of citizenship decisions as such decisions are not made under the Immigration Acts.

    (vii) There would be a considerable saving of human and financial resources with consequential reduced delay if deprivation of citizenship and deportation or removal decisions were to be made jointly.

    The recent changes in the UK Immigration Law in relation to lodging concurrent applications and/or variation of the existing application

    The pare 34BB states that:

    “34BB :

    (1) An applicant may only have one outstanding application for leave to remain at a time.
    (2) If an application for leave to remain is submitted in circumstances where a previous application for leave to remain has not been decided, it will be treated as a variation of the previous application.
    (3) Where more than one application for leave to remain is submitted on the same day then subject to sub-paragraph (4), each application will be invalid and will not be considered.
    (4) The Secretary of State may give the applicant a single opportunity to withdraw all but one of the applications within 10 working days of the date on which the notification was sent. If all but one of the applications are not withdrawn by the specified date each application will be invalid and will not be considered.
    (5) Notice of invalidity will be given in writing and served in accordance with Appendix SN of these Rules.”

    These changes are intended to ensure that applicants are aware that they cannot submit applications simultaneously. The UK BA is also making changes to the online and paper application forms to make this much clearer for the applicant and, of course has updated their guidance on validity to reflect this position. The guidance can be found on the UK BA web-site. Where an application is varied it must meet all the requirements of paragraph 34 of the Immigration Rules for the variation to be valid.

    An applicant can still submit one application while a previous application is outstanding. The second application will have the effect of varying the first and, accordingly, only one fee is payable.

    According to Dave Hollings Tennant, Immigration and Border Policy Directorate Home Office, there are no fees for settlement applications from stateless persons, despite the earlier UK BA fee increase announcement implying that it would
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  6. #356

    По умолчанию

    12 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    A brief history of immigration rules separating migrant families can be found here: https://www.lrb.co.uk/v39/n07/frances-webber/short-cuts

    New Home Office guidance on status of EEA citizens/Brexit (7 April 2017): https://www.gov.uk/guidance/status-o...s-than-5-years

    Updated UK Visas and Immigration Guidance: Derivative rights of residence & extended family members of EEA nationals (11 April 2017)

    - Extended family members of EEA nationals: https://www.gov.uk/government/public...-eea-nationals
    - Derivative rights of residence: https://www.gov.uk/government/public...s-of-residence

    The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 (SI 2017/405) (10 April 2017)

    Link: http://www.legislation.gov.uk/uksi/2.../contents/made

    The Transfer for Determination of an Application for International Protection (Detention) (Significant Risk of Absconding Criteria) Regulations 2017 (SI 2017/405) came into force at noon on 15 March 2017.

    Under article 28 of the Dublin III Regulation, Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013, a person who has made an application for international protection may only be detained where they present a significant risk of absconding. Article 2(n) provides that “risk of absconding” means the existence of reasons in an individual case, which are based on objective criteria defined by law, to believe that the individual who is subject to a transfer procedure may abscond.

    These regulations set out the criteria which will be considered to determine whether a person who has claimed asylum in the UK, but whose application is subject to the Dublin III Regulation procedure, presents a significant risk of absconding for the purpose of considering whether they should be detained. The Explanatory Note says "The urgency arises from the handing down on 15 March 2017 of a ruling by the Court of Justice of the European Union in the case of Al Chodor C-528/15 on the interpretation of the Dublin III Regulation".

    In its 15 March 2017 judgment on that case, the Court of Justice considered the case of an Iraqi father and his two children who were detained by the Czech police in May 2015 pending their transfer to Hungary pursuant to the Dublin Regulation and Article 129(1) of the Czech Aliens Act. The detention was challenged before a Regional Court, which ruled it to be unlawful since the Czech legislation contained no objective criteria defining “risk of absconding”. The Supreme Administrative Court referred a question for a preliminary ruling on the need for objective criteria in legislation to define a ‘risk of absconding’.

    The Court held that Article 2(n) of the Dublin III Regulation requires the criteria to establish a ‘risk of absconding’ to be ‘defined by law’, in a binding provision of general application. In the absence of that, Article 28(2) does not apply and detention on this ground must be declared unlawful. that “settled case-law confirming a consistent administrative practice . . . cannot suffice.”
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  7. #357

    По умолчанию

    13 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    What happens if you paid a UK BA fee before the UK BA fee increase but your PEO application date is after the fee increase date

    Not to panic. See para 17 below. This happens each year and from our experience we have never had a need to pay a further fee. We in fact make sure clients have paid and booked for the PEO appointments before the fee increase comes in where possible (typically for slots up to 6 weeks after 5 April but sometimes the fee increase can be implemented earlier – end of March, for example).

    http://www.legislation.gov.uk/uksi/2...0170515_en.pdf

    Payments for in person applications
    17.—(1) Where—
    (a) an application is made in person; and
    (b) the applicant pays the fee in relation to such an application prior to the date that the application is made,
    the fee payable is that in relation to the relevant application on the date of payment.
    (2) In this regulation, the date of payment means the date on which the payment is made by the applicant, unless it is made by post, in which case it means the date that the payment is posted.

    Does the Trinity College English language certificate expire if a test was taken in 2014 ?

    It does. After the 6th April 2015, SELT test were introduced. Anyone submitting an application required to do a new SELT test. They have a 2 year expiry date. See Appendix O of the Immigration Rules and FM 1.21 English Language Guidance
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  8. #358

    По умолчанию

    18 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    UK Visas and Immigration (UKVI) guidance: Illegal working closure notice and compliance orders (13 April 2017): https://www.gov.uk/government/public...orders#history

    This guidance is issued for frontline staff, mainly immigration officers, who will use the new powers in the Immigration Act 2016 to issue closure notices and apply for compliance orders to prevent illegal working.

    New guidance on validity, variation and withdrawal of immigration applications: https://www.gov.uk/government/public...and-procedures

    Quite a helpful guide to the technical aspects of immigration applications.

    This guidance is for decision makers and describes how to decide whether an application for leave to remain in the UK is valid, and what to do if it is not. It also describes how an applicant can vary and withdraw an application and how to calculate the date of application.

    Court of Appeal gives guidance on meaning of ‘unlawful residence’: http://www.bailii.org/cgi-bin/format.../2017/236.html

    The case of Akinyemi v SSHD [2017] EWCA Civ 236 concerns the deportation of a man born and raised in the United Kingdom, a country he has never left. It provides valuable guidance on the meaning of the word ‘unlawful’ within the context of deportation provisions introduced by the Immigration Act 2014 and shows just how far the law has moved in this area.

    Rare and worrying insight into asylum casework at the Home Office: https://www.theguardian.com/public-l...cuts-syria-war

    "After that, targets increased to the point that almost everything became subservient to the end-decision. We were set a target of 220 “units” a year. Only an interview or a decision would count as a unit – any casework would not.

    If I had to call social services because I was concerned about a child, it didn’t count towards this target. It might be an afternoon’s work to do all the right referrals, but ultimately this wouldn’t be credited. That sort of work was disincentivised.

    If you wanted to do the right thing, you would have to take the productivity hit and risk performance management procedures, ultimately with the threat of dismissal.".
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  9. #359

    По умолчанию

    21 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    Expedited immigration and asylum appeals for detained appellants: https://consult.justice.gov.uk/digit...ed-appellants/

    An application for entry clearance is deemed to be made on the date on which payment of the relevant fee is made: Kaur (Entry Clearance – date of application) [2013] UKUT 00381 (IAC)

    For the UK Spouse, Fiancee and Unmarried Partner's applications the sponsor's employment can be permanent, a fixed-term contract or with an agency: Paragraph 5.5.2 of Appendix FM 1.7: Financial Requirement

    Section 94B certification: presence of adult children in the UK (19 April 2017) - this does not include a child aged over 18, as clarified by the UK BA

    Registration of minors as British citizens. If the child is 13 or over, then the UK BA expects the child to have resided in the UK for at least 2 years: https://www.gov.uk/government/public...y-instructions

    Once the applicant leave UK pending decision of Administrative Review; the Administrative Review will automatically be withdrawn: https://www.gov.uk/ask-for-a-visa-ad...oure-in-the-uk

    Visitors are not permitted to switch within the UK into Settlement types visas, such as a Spouse visa: https://www.gov.uk/guidance/immigrat...with-a-partner

    If an Entry Clearance application for Settlement (spouse) is refused and then the decision is overturned on appeal, the successful appellant may get the so-called Leave outside of the Rules, which implies not a 5 year route to Settlement but a 10 year route to Settlement.

    " Immigration status requirements

    E-LTRP.2.1. The applicant must not be in the UK-
    (a) as a visitor; or
    (b) with valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings"

    Recent case-law

    R (on the application of RSM and Another) v Secretary of State for the Home Department (unaccompanied minors – Art 17 Dublin Regulation – remedies) [2017] UKUT 00124 (IAC)

    Tribunals Service link: https://tribunalsdecisions.service.g.../2017-ukut-124

    (I) The question of whether the Secretary of State has made a decision on the exercise of the discretionary power in Article 17 of the Dublin Regulation is one of fact which will be determined on the basis of evidence, direct or inferential.
    (II) Article 17 is an integral part of the Dublin regime. The suggestion that the Article 17 discretion falls to be exercised only where the family reunification criteria in Article 8 are not satisfied is misconceived.
    (III) Article 17 has a role in circumstances where one of the overarching values of the Dublin Regulation, namely expedition, is not being fulfilled in the procedures and systems of the host Member State.
    (IV) Relevant government policy statements consti***e, as a minimum, material considerations to be taken into account in deciding whether to exercise the discretionary power in Article 17. The Lumba principle is also engaged.
    (V) The judicial assessment of the efficacy of the Dublin systems and procedures in the host Member State will invariably be fact sensitive and will take into account the overarching aims and objectives of the Dublin Regulation, including the maintenance of inter-Member State solidarity and mutual trust and respect, together with expedition.
    (VI) Expedition has special force in the case of unaccompanied children.
    (VII) The discretion to judicially determine essentially academic issues in judicial review proceedings will normally be informed by the overriding objective.
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

  10. #360

    По умолчанию

    26 April 2016 - UK & EEA Immigration Law News and Updates from the Legal Centre, www.legalcentre.org, the UK Professional Immigration Assistance Epicentre

    Extension of the post July 2012 Discretionary Leave is usually done via the FLR(HRO) form

    Extension of a UK Spouse Visa on the FLR(M) form when the UK sponsor is a Seafarer who is out of the UK for more than 183 days ? Still may be possible on the basis of the Appendix FM 1.7:

    5.5.4. Where the applicant’s partner is a seafarer resident in the UK but spends most of their time working at sea and qualifies for the HMRC Seafarers Earnings Deduction (which is evidenced, for example, by a letter from their accountant or from HMRC), they will be considered as a person resident in the UK for the purposes of assessing their income from salaried or non-salaried employment. They will not be treated as an overseas sponsor returning to the UK.

    5.5.11. Where the applicant’s partner (and/or the applicant if they are in the UK with permission to work) is in salaried or non-salaried employment, this may include work undertaken overseas, subject to the couple meeting the requirement in paragraph E-LTRP.1.10 of Appendix FM that they intend to live together permanently in the UK and subject to the other requirements of Appendix FM-SE being met.

    A person who overstayed their previous grant of leave under para 284 can apply for ILR (application form SETM) when they meet all the requirements. That presumes they were last granted 24 months leave under the Part 8 rules. In other words, the applications for ILR usually do not come under the general grounds for refusal
    Помощь русскоговорящего адвоката высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org Mob:+44(0)7791145923, Skype: immigration_lawyer

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