July 2020 - ICS Legal Blog

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Latest UK & International Legal News

Judicial reviews and injunctions

Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public body such as a government department. There are a number of confusions to the impact on a judicial review application and an immigration appeal. They are not the same. The outcomes are different. Immigration removal cases, where there has been an asylum or human rights claim, should not usually reach the stage of JR until after they have had access to the appeals system. Types of event that could be subject to JR are: a failure to act, such as a delay in issuing a document or making a decision; the setting of removal directions, which usually means that the person lodging the JR believes their removal would infringe their rights (for example, rights under the Refugee Convention, European Convention of Human Rights or European Community instruments); a refusal to accept that further submissions amount to a fresh claim; a decision to certify a claim as clearly unfounded; detention. It is important to understand the grounds of the judicial review, and the procedure laws must be carefully followed. You must submit and give notice where possible. The...

How To Apply For A UK Visit Visa (Update – 2020)

How To Apply For A UK Visit Visa OR Visitor Standard Visa the UK Applying for a UK visit visa post Covid-19 can be a stressful process and making sure the Visa is not refused, you need to make sure the application for the UK visa contains both the right information and evidences. The purpose of the UK visitor visa is to allow a person to undertake multiple activities whilst they are in the UK, but the applicant should be able to explain what their main reason for coming to the UK is at the visa application stage, on entry and for extending their stay. It is the applicant’s responsibility to ensure they provide evidence to satisfy the Home Office who will be issuing the UK visit visa, that they meet the UK visitor Visa rules. The application for the UK visit visa is assessed based on the information, immigration history and evidences. We see that the visa applications are being refused due to previous legal abuses. Whilst you are a genuine visitor, the UK Home Office must ensure that the UK visit visa application is applied correctly with the right information. Please do avoid using agents and unqualified lawyers. Whilst their...

The Statement of Changes for February 2020 for the Immigration Policies

As the UK have completed the withdrawal agreement from the EU, we will now see a number of changes from now and here is a summary of the new policies to be changed: Global Talent category for talented and promising individuals in specific sectors wishing to work in the UK, replacing the existing Tier 1 (Exceptional Talent) category. This is to focus on the science, technology and mathematics (STEM) sector. This will start from 20th February 2020. There will be 2 types of application's, either under the "talent" route or "promise" route, similiar to what we have under the Tier 1 Exceptional Talent visa, as this would now be replaced. Global Talent applicants must hold an endorsement from an organisation engaged by the Home Office to develop sector specific criteria and consider individual applications on its behalf. The existing Tier 1 (Exceptional Talent) endorsing bodies (the Royal Society, the British Academy, the Royal Academy of Engineering, Tech Nation and Arts Council England) will be joined by UK Research and Innovation (UKRI) under the new Global Talent category. The Royal Society (for science and medicine), the Royal Academy of Engineering (for engineering), the British Academy (for humanities), Tech Nation (for digital technology) and Arts...

Home Secretary announces details of the Hong Kong BN(O) Visa

The government has today released more information on the new Hong Kong BN(O) Visa, which will create a bespoke immigration route to enable British National (Overseas) (BN(O)) citizens ordinarily resident in Hong Kong, and their immediate family members, to move to the UK to work and study. The government committed to open this new immigration route following the Chinese government’s decision to impose a new National Security Law on Hong Kong. The new Hong Kong BN(O) Visa is a significant change to the UK immigration system and will allow BN(O) citizens to apply for two periods of 30 months’ leave or 5 years’ leave. This new immigration route will afford BN(O) citizens the right to live and work or study in the UK and gives them a path to full British citizenship. In addition to providing a pathway for BN(O)s, this route will also enable those born after 1 July 1997 to a British National (Overseas) registered parent to apply to come to the UK. Home Secretary Priti Patel said: The UK has a strong historic relationship with the people of Hong Kong and we are keeping our promise to them to uphold their freedoms. BN(O) citizens will now have a...