UK & EEA Immigration Visas and Appeals. Tier1/2/3/4/5, EEA Family Permits, Spouse/Fiance(e) Visas, Students, Visitors, Dependant Relatives, Bail, Asylum, Removal and Deportation issues

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Важные судебные решения и полезная информация для иммигрантов
09 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

>>> Migrants can be deported as “persistent offenders” even if crime-free for years: https://www.bailii.org/ew/cases/EWCA/Civ/2019/551.html

The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

UK & EEA Immigration Visas and Appeals. Tier1/2/3/4/5, EEA Family Permits, Spouse/Fiance(e) Visas, Students, Visitors, Dependant Relatives, Bail, Asylum, Removal and Deportation issues

22 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923


>>> Need to cancell your immigration or citzienship application ?

Here is the link to cancel your immigration or citizenship application: https://www.gov.uk/cancel-visa

>>> EEA Family Permit or the Settlement Scheme Family Permit ?

There is a difference, indeed. Find all the details at : https://www.gov.uk/government/publicatio...ly-permits

Purpose of the EUSS family permit

The EUSS family permit facilitates entry into the UK of an eligible non-EEA citizen family member without a valid biometric residence card – a valid residence card or permanent residence card issued by the UK under the Immigration (European Economic Area) Regulations 2016 on the basis of an application made on or after 6 April 2015 – in order to join in, or accompany to, the UK an EEA or Swiss citizen who has been granted indefinite or limited leave under the EUSS.

A non-EEA citizen family member outside the UK with a biometric residence card can apply for an EUSS family permit to join or accompany an EEA or Swiss citizen who has been granted leave under the EUSS. However, a non-EEA citizen who is outside the UK and has a valid biometric residence card can travel to the UK with that document and a valid passport. From 07:00 am on 9 April 2019, they can also apply directly for leave under the EUSS from outside the UK.

Reference to ‘the Islands’ in this guidance is, as defined in Annex 1 of Appendix EU (Family Permit), to the Bailiwick of Guernsey, the Bailiwick of Jersey or the Isle of Man.

Distinction from the EEA family permit

The EUSS family permit operates alongside the EEA family permit, which continues to provide a separate entry clearance route for those who qualify for it.

The EEA family permit provides for entry into the UK of a non-EEA citizen family member of an EEA or Swiss citizen who is exercising Treaty rights, as implemented in UK law through the Immigration (European Economic Area) Regulations 2016 (the EEA Regulations). For further guidance, see EEA family permit guidance
Non-EEA citizen family members who may be eligible for the EEA family permit but are not eligible for the EUSS family permit include:

• extended family members as defined in the EEA Regulations: durable partners and dependent relatives
• persons with a derivative right of residence in the UK (i.e. ‘Chen’; ‘Ibrahim and Teixeira’; and ‘Zambrano’ cases)
• persons who have lived with a British citizen exercising EU Treaty rights in another EEA country before returning to the UK to live (‘Surinder Singh’ cases)
• persons whose EEA or Swiss citizen family member has not been granted leave under the EUSS

Durable partner

The durable partner of a relevant EEA citizen, as defined in Annex 1 of Appendix EU (Family Permit), is not able currently to apply for an EUSS family permit: they will be able to do so after the end of the planned implementation period on 31 December 2020. For the time being, they can apply for an EEA family permit.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer


26 April 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

>>>  EU Settlement Scheme: apply for an administrative review: https://www.gov.uk/guidance/eu-settlemen...=immediate

How to apply for an administrative review under the EU Settlement Scheme.

>>> Application for a certificate of entitlement to the right of abode (form ROA): https://www.gov.uk/government/publicatio...e-form-roa

Apply for a certificate of entitlement showing you have the right to live and work in the UK, if you are in the United Kingdom, the Channel Islands or the Isle of Man.

>>> Cannot provide a proof of identity ?

Then the para 34(5)© may be of help:

Para34(5)© of the rules sets out that an applicant can provide a good reason
beyond their control why they cannot provide any proof of identity. Reasons may
include the following (this list is not exhaustive):

• there is no longer a functioning national authority to provide a new document
• there is no Embassy or consular service for their country in the UK
• there is a national authority to apply for a document, but they have run out of
documents
• the applicant has made an application for a replacement document, but the
issuing authority was not able to provide it before the application was made
• the applicant cannot obtain a document for reasons of national or personal
security
• the national authority has unreasonably refused to provide a document, for
example, if the national authority:
-  will only provide a passport if the applicant applies in person but there is no
provision to apply in person in the UK
- puts unreasonable barriers in place for the applicant

Paragraph 34(6) of the Rules states that you may ask the applicant to provide
alternative satisfactory evidence of their identity and nationality. For example, this
could be a combination of:
• birth certificate
• driving licence
• national health card
• national service document

>>> How to invest: Court of Appeal gives important guidance to entrepreneurs: https://www.bailii.org/ew/cases/EWCA/Civ/2019/720.html

One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications.

The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways in which entrepreneur migrants can do this. It is a textbook example of the lack of flexibility and confusion inherent in the Points Based System, and required reading for migrants in this route considering how to invest their funds.

>>> EU citizens retain worker status for six months after two weeks’ work: http://curia.europa.eu/juris/document/do...id=1739461

The Court of Justice of the European Union has ruled that EU nationals retain their status as workers for six months, even if they have only worked for two weeks in the host country.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer


03 May 2019 – Just useful and 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 Guidance: derivative rights of residence: https://www.google.com/url?sa=t&rct=j&q=...udEn66NKum

Please note that the pages 52-53, which contains very different material to what have been previously known

Namely:

"Alternative means to remain in the UK

A derivative right to reside is only available to an applicant who has no other means to remain lawfully in the UK as the primary carer of a dependent British citizen, or a dependent of that primary carer.

As a Zambrano case centres on a person seeking to remain in the UK with a British citizen, there is significant overlap with the right to respect for private and family life which is protected by Article 8 of the European Convention on Human Rights (ECHR).

Where a person wishes to remain in the UK on the basis of family life with a British citizen, they should first make an application for leave to remain under Appendix FM to the Immigration Rules, not for a derivative residence card on the basis of Zambrano.

In the case of Patel v SSHD [2017] EWCA Civ 2028 (13 December 2017), the Court of Appeal ruled that someone holding leave to remain under domestic law would not benefit from a derivative right to reside. The Court also ruled that Zambrano is a not a back-door route to residence for those who have a British citizen child without having or acquiring leave to remain.

This means that a Zambrano application must be refused if the applicant:

• has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available
• has been refused under Appendix FM or Article 8 ECHR but their circumstances have changed since the decision was made – for example, the applicant applied on the basis of their relationship with a British spouse, but the couple now have a British child

Applicants being refused because it is open to them to apply under Appendix FM to the Immigration Rules should be directed to the information available at www.gov.uk/uk-family-visa.

If an applicant has made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, and they were refused and exhausted their appeal rights recently, you must consider whether a derivative right of residence exists following the caseworking steps outlined in this guidance."

>>>  UKVI Guidance: list of endorsing bodies for start-up and innovator visas updated

Start-up: https://www.gov.uk/government/publicatio...s-start-up
Innovator: https://www.gov.uk/government/publicatio...-innovator

>>>  Visiting the UK after Brexit: https://www.gov.uk/guidance/visiting-the...=immediate

What you'll need to do to visit the UK after the UK leaves the EU, including whether you'll need to apply for a visa.

>>> European Court of Human Rights awards substantive damages for breach of detention policy: https://hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-192654%22]}

The European Court of Human Rights has developed Article 5 ECHR beyond domestic law and potentially created a dramatic increase in the amount of damages payable for unlawful detention caused by a breach of detention policy. VM v United Kingdom (No. 2) (application no. 62824/16) is only a decision of the court’s First Section and will not necessarily be followed by other sections of the Strasbourg court or domestic courts, but it might herald a more rigorous approach to ensuring that the Home Office sticks to its published policy.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

UK & EEA Immigration Visas and Appeals. Tier1/2/3/4/5, EEA Family Permits, Spouse/Fiance(e) Visas, Students, Visitors, Dependant Relatives, Bail, Asylum, Removal and Deportation issues

09 May 2019 – Just useful and 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 Guidance: List of approved English language tests and providers: https://www.google.com/url?sa=t&rct=j&q=...msPhcZdNYh
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer


10 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

>>> Do you still believe that you can do the immigraton yourself with no legal immigration law experience ? Read on what you are facing: https://www.freemovement.org.uk/the-abso...on-system/

>>> FOI request reveals no applications for Start-up or Innovator visas as of 12 April 2019

>>> Refugee to be deported to Somalia after 30 years in UK following robbery conviction: https://www.bailii.org/ew/cases/EWCA/Civ/2019/774.html

The Court of Appeal has upheld the deportation of a refugee known only as AM who entered the UK in 1987 aged 11. Having grown up and been educated in the UK, AM held several jobs at different times, had been married and had three estranged British children. He also had 27 criminal convictions to his name, the most recent of which was a robbery leading to a two-year prison sentence. The case is AM (Somalia) v The Secretary of State for the Home Department [2019] EWCA Civ 774.

The UK Borders Act 2007 obliges the Home Office to deport any foreign national who receives a sentence of 12 months or more. There are some limited exceptions to this requirement, including where deportation would breach EU law (while that still applies), the UN Refugee Convention, or human rights law.

AM attempted to rely on the Refugee Convention and human rights law but ultimately failed and now faces deportation.

>>> Home Office increases spending on child asylum seekers: https://www.parliament.uk/business/publi.../HCWS1543/

The Home Office has announced that councils will get more money to care for children who arrive in the UK alone to seek asylum.

Councils used to get between £71 and £114 per child per day, depending on the age of the child and when they arrived in the UK. From now on it will be £114 per child per day across the board, backdated to 1 April 2019.

The Home Office says that this represents a total increase of £30 million a year. To put this context, council spending on these children was £152 million in 2017/18 — almost double the amount needed four years earlier. The Home Office does not say how much the funding increase brings its total outlay to, but it doesn’t seem to be fully reimbursing the councils: it says that it “provides a contribution to their costs”.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer


16 May 2019 – Just useful and 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 guidance: Added information on right to rent checks for EU, EEA and Swiss citizens now and after Brexit: https://www.gov.uk/guidance/right-to-ren...ter-brexit

Information for landlords and letting agents on right to rent checks for EU citizens and their family members in the private rented sector in England now and after the UK leaves the EU.

>>> Big Home Office policy change: Zambrano carers need to make a human rights application first: https://www.gov.uk/government/publicatio...-residence

On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Buried in the 63-page document is a fundamental change of policy: potential Zambrano applicants must first make a human rights application under British immigration law. In other words, applicants no longer have a choice between using Zambrano or using the UK Immigration Rules; they must do the latter first if eligible, or will have their Zambrano applications refused.
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer

UK & EEA Immigration Visas and Appeals. Tier1/2/3/4/5, EEA Family Permits, Spouse/Fiance(e) Visas, Students, Visitors, Dependant Relatives, Bail, Asylum, Removal and Deportation issues

Вот, буквально недавно.

Получил подтверждение что заявление клиентки о натурализации было одобрено и клиентку приглашают на церемонию для получения сертификата о натурализации.

Клиентка раньше попробовала подать заявление сама и получила отказ.

В этот раз и уже с моей помощью ее заявление рассмотрели положительно и быстро:

[Изображение: Naturalization_approved_May_2019.JPG]
Русскоговорящий иммиграционный адвокат высшей категории: консультации, проверка заявлений, ведение дел: www.legalcentre.org  Mob/Viber/WhatsApp:+44(0)77 911 45 923, Skype: immigration_lawyer


24 May 2019 – Just useful and interesting UK & EEA Immigration Law news and updates from the Legal Centre – Open 7 days a week - www.legalcentre.org – Mob : +44(0)7791145923

>>> No exemption from NHS charges for human rights applicants: https://www.bailii.org/ew/cases/EWHC/Adm.../1249.html

R (ERA) v Basildon And Thurrock Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin) is about whether someone who has applied for leave to remain in the UK on human rights grounds can get the same exemption from NHS charges as asylum seekers.

Unfortunately for ERA, then, the exemption does not cover a human rights claim unless it also falls into the category of temporary protection, asylum or humanitarian protection claims.

>>> Investor and Start-up visa update: CodeBase withdraws as sponsor

CodeBase has made the following announcement, withdrawing itself as a sponsor of Investor and Start-up visas.

"CodeBase has made the decision to withdraw as an endorsing body for the UK Government start up visa / innovator visa programmes. If you require any further information on the programmes and/or other endorsing bodies, please visit one of the following websites:

start-up visas - https://www.gov.uk/start-up-visa

innovator visas - https://www.gov.uk/innovator-visa

Team CodeBase"

>>> UKVI News: Government expands use of ePassport gates to 7 more countries: https://www.gov.uk/government/news/gover...=immediate

From today (Monday 20 May), visitors from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States will be able to use ePassport gates at ports across the UK and juxtaposed controls in a move designed to speed up border controls for low-risk countries.

>>> UKVI Guidance: Australia: apply for a UK visa: https://www.gov.uk/government/publicatio...=immediate

Information about applying for a UK visa in Australia.


Added note clarifying that super priority service is not available.

>>> UKVI Guidance: New Zealand: apply for a UK visa: https://www.gov.uk/government/publicatio...=immediate

Information about applying for a UK visa in New Zealand.

Added note clarifying that super priority service is not available.

>>> Six things we learned about the English language testing scandal from NAO report: https://www.nao.org.uk/report/investigat...age-tests/

The National Audit Office, a government watchdog, has released an authoritative report on the long-running English language testing scandal. The discovery in 2014 that there was widespread cheating on the English tests required for UK visas led to a Home Office crackdown affecting tens of thousands of people, many of whom protested that they were innocent.

The NAO’s assessment suggests that they were right. The heavy-handed official response — “deport ’em all and let God sort them out” — took little account of the potential for wrongful accusations...

Here are some highlights of the NAO’s report:

1. There definitely was cheating on English language tests

2. But we’ll never know how many people actually cheated

3. The Home Office didn’t care if people were wrongly labelled cheats

4. ETS denied people the chance to clear their name

5. Dozens of colleges lost their sponsor licences

6. Thousands of people have won TOIEC appeals

The report notes that “people usually had to appeal on human rights grounds because they could not appeal the decision directly”, implying that the figure could have been much higher had there been a direct right of appeal. Around 11,400 people caught up in the scandal subsequently left the UK.

>>> “In limbo”: migrants stripped of leave to remain in the UK but can’t be removed: https://www.bailii.org/ew/cases/EWCA/Civ/2019/850.html

The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850. These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it — but where they are also precluded from working, receiving benefits, renting property etc because they don’t have valid leave.

The argument put forward here was that the cumulative impact of these factors breached Article 8 of the European Convention on Human Rights, an argument ultimately rejected by the court.
Русскоговорящий иммиграционный адвокат 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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