November 2013 - ICS Legal Blog

Contact Us: + 44 0207 237 3388

Latest UK & International Legal News

Court of Justice of the European Union

The Court of Justice of the European Union has today released its judgment in Bundesrepublik Deutschland v Kaveh Puid, Case C-4/11. Where a Member State may not transfer an asylum seeker to the State competent to examine his application because of a risk of infringement of his fundamental rights in the latter, the Member State is required to identify another Member State as responsible for the examination Conversely, it is not, in principle, required itself to examine the application The 'Dublin II' Regulation [1] sets out the criteria for determining the Member State competent to examine an application for asylum lodged in the EU – a single Member State being, in principle, competent. Where an asylum seeker has lodged his application in a Member State which is not the one the Regulation indicates is competent, the Regulation provides for a procedure for the transfer of the asylum seeker to the competent Member State. However, in such a situation, the Member State to which the application was made may decide not to transfer the applicant to the competent State and itself to examine the application. Mr Puid, an Iranian national, arrived in Germany irregularly by transiting through Greece. His application for asylum lodged...

Changes to document requirements

From 28 October 2013 if you are applying by post for extension of stay, indefinite leave to remain or British citizenship on the following forms, you no longer need to provide an original passport from the British or settled person supporting your application - a photocopy of their passport or travel document can be provided instead. Applying for extension of stay or indefinite leave to remain Forms FLR(M), SET(M) and SET(F) fiancé(e) of a British citizen or settled person; civil partner or proposed civil partner of a British citizen or settled person; spouse of a British citizen or settled person; unmarried partner of a British citizen or settled person; same sex partner of a British citizen or settled person; or child or other dependant relative of a British citizen or settled person. Applying for British citizenship Forms AN and MN1 spouse of a British citizen; civil partner of a British citizen; child of a British citizen parent. The photocopy must include all pages of the passport, including any blank pages, and we will verify it with other government departments in accordance with the Data Protection Act 1998. We may request the original document at any time during the application process,...

Immigration Rule changes – Armed Forces

The new revised immigration rules affecting members of HM Forces and their families have been laid in Parliament. Contact ICS Legal today on how this would impact you and your family on 00207 237 3388.  The new rules come into effect on 1 December 2013. They were announced in a written ministerial statement on 4 July 2013, and will bring Armed Forces family rules in line with the family Immigration Rules in Appendix FM. This will mean that: members of HM Forces wishing to sponsor a non-EEA dependant to come to or remain in the UK will have to meet a minimum income threshold; a basic English language requirement, at A1 level on the Common European Framework of Reference (CEFR), will apply to all non-EEA partners seeking leave to enter or remain in the UK as a dependant of a member of HM Forces; to qualify for settlement, all non-EEA partners and children between the ages of 18 and 65 will be required to pass the Life in the UK test and hold an intermediate speaking and listening qualification, at B1 level on the CEFR; all non-EEA partners of HM Forces personnel granted leave under the Immigration Rules will serve a...

English language tests for applications under Tiers 1, 2 and 4 of the points-based system

Home Office have made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications. This version further clarifies the amendments made to Appendix O of the Immigration Rules in July 2013, setting out the documents that can be used as evidence. When you make an application in an immigration category that requires you to demonstrate your English language ability, you must show that you have passed an appropriate test on the list. If you would like advice on the type of test you need to complete, please contact us on 0207 237 3388 or e-mail us on