Immigration Detention & Bail Archives - Page 16 of 17 - ICS Legal Blog

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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 info@icslegal.com. 

Pre-Action Protocol for Judicial Review

This protocol applies to proceedings within England and Wales only. It does not affect the time limit specified by Rule 54.5(1) of the Civil Procedure Rules which requires that any claim form in an application for judicial review must be filed promptly and in any event not later than 3 months after the grounds to make the claim first arose or the shorter time limits specified by Rules 54.5(5) and (6) which set out that a claim form for certain planning judicial reviews must be filed within 6 weeks and the claim form for certain procurement judicial reviews must be filed within 30 days. Judicial review allows people with a sufficient interest in a decision or action by a public body to ask a judge to review the lawfulness of: an enactment; or a decision, action or failure to act in relation to the exercise of a public function. Judicial review may be used where there is no right of appeal or where all avenues of appeal have been exhausted. The parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation, and if so, endeavour to agree which form to adopt. Both the Claimant and...

Consideration of the right to respect for family and/or private life

A valid application is not required where an Article 8 claim is raised:  as part of an asylum claim, or as part of a further submission in person after an asylum claim has been refused; or  where a migrant is in immigration detention; or  where removal directions have been set pending an imminent removal; or  in an appeal; or  in response to a (one-stop) notice issued under section 120 of the Nationality, Immigration and Asylum Act 2002. Where, under paragraph GEN.1.9, Article 8 is being considered in any of the circumstances specified above, the applicant is only eligible for consideration under the 10-year partner or parent route. If the applicant wishes to be considered under the 5-year partner or parent route, they have to submit a valid application.

Immigration Bill

Proposed changes to reform the removals and appeals system, end the abuse of Article 8 and prevent illegal immigrants accessing and abusing public services or the labour market. The Immigration Bill was introduced into the House of Commons on 10 October 2013. Subject to its Parliamentary progress, the bill is expected to receive royal assent in spring 2014. The bill will reform the removals and appeals system, making it easier and quicker to remove those with no right to be here. It will end the abuse of Article 8 of the European Convention on Human Rights – the right to respect for private and family life. It will prevent illegal migrants accessing and abusing public services and the labour market. Removal directions The current process for enforcing the removal of people unlawfully in the UK is a complex one, with a number of stages needing to be completed before an individual can be removed. A decision must first be made regarding an individual’s immigration status, if they have any, and then further decisions must be taken regarding their removal. This creates an unnecessarily bureaucratic process, which can lead to migrants being left in limbo, unclear when they need to leave...

Most immigration judicial review applications move to Upper Tribunal from November

Most immigration judicial review applications will move to the Upper Tribunal from the 1st of November. The Right Honourable Lord Judge, Lord Chief Justice of England and Wales, made a direction on August 21st which transfers certain immigration and asylum judicial reviews from the High Court. The direction lists which applications are excluded in paragraph 3. Direction given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 and section 18 of the Tribunals, Courts and Enforcement Act 2007 Jurisdiction of the Upper Tribunal under s. 18 of the Tribunals, Courts and Enforcement Act 2007 and Mandatory Transfer of Judicial Review applications to the Upper Tribunal under s. 31A(2) of the Senior Courts Act 1981 1. Subject to paragraphs 2 and 3 below, the Lord Chief Justice hereby specifies the following classes of case for the purposes of section 18(6) of the Tribunals, Courts and Enforcement Act 2007: any application for permission to apply for judicial review and any application for judicial review (including any application for ancillary relief and costs in such applications) that calls into question: i. a decision made under the Immigration Acts (as defined in Schedule 1 to the Interpretation Act 1978) or any...

Reducing common errors in Tier 1 (Entrepreneur) applications

Providing the right specified documents Use the policy guidance to find out which documents you should send to support your application. At the back of the application form is a list to help you check that you have sent us everything we need. The Immigration Rules and the policy guidance that we publish explain which documents we will accept. We will not consider any documents other than those specified in the guidance. This is clear, open and transparent but also means that we do not accept alternative documents, even if you feel that they mean the same thing. Switching into the Entrepreneur route from Post Study Work If you are switching into the Entrepreneur route from the Post Study Work route, you must provide evidence such as contracts and advertising to show you are already operating a business. You must also show that that the service your business offers relates to an occupation equivalent to level 4 or above of the National Qualification Framework (NQF). Providing proof of funds already invested If you have already invested funds into the business in the 12 months before you apply, you must provide business accounts (audited or unaudited) when submitting your completed application form....

Overstayers

An overstayer is a person who was granted limited leave to enter or remain in the United Kingdom, but who neither left the country on the date indicated nor asked for the leave to be extended. Overstaying is an offence, contrary to s.24(1)(b)(i) of the Immigration Act 1971. Section 24(1A) of the 1971 Act, which was inserted by s.6(1) of the Immigration Act 1988, provides that a person commits the offence on the day when he or she first knows that leave to enter or remain has expired, and continues to commit it until such time as his or her position is regularised, for example through a further grant of leave. An overstayer is here 'in breach of the immigration laws' and, as such, does not meet the residence requirement for naturalisation in paragraph 1(2)(d) of Schedule 1 to the British Nationality Act 1981 (see Annex C to Chapter 18). When it is found or suspected that an applicant is still an overstayer the file should be sent in the first instance to the relevant immigration caseworking group for consideration to be given to the applicant's status under the Immigration Rules. Call us today on 0207 237 3388 or e-mail us...

Switzerland introduces segregation for asylum seekers

News media report that a number of towns in Switzerland have introduced draconian restrictions on asylum seekers. According to the Independent, officials from the Swiss town of Bremgarten said refugees would not be allowed to "loiter" in school playgrounds and would be banned from visiting public swimming pools, playing fields and a church. "We have decided on security grounds not to allow access to these areas, to prevent conflict and guard against possible drug use," the town's mayor was quoted as saying. BBC News reports today that the mayor of the town of Menzingen said asylum seekers should be banned from "sensitive areas" such as the vicinity of a school. "This is certainly a very difficult area, because here asylum-seekers could meet our schoolchildren - young girls or young boys," he said. The Daily Telegraph reported that similar restrictions have also been introduced in the town of Nottwil. According to the Independent, the head of Switzerland's Federal Office of Immigration endorsed the restrictions, saying the country needs rules to ensure a peaceful and orderly coexistence of residents and asylum seekers. The Independent called the restrictions "apartheid-style". The Daily Telegraph reported that the restrictions have provoked anger, with the charity Swiss Refugee Aid describing the segregation...

Long residence and private life – the changes to Article 8 of the ECHR

The rules on long residence recognise the ties a person may form with the UK over a lengthy period of residence here. Settlement can be granted under paragraphs 276A-276D of the Immigration Rules after a period of 10 year’s continuous lawful residence. Before 9 July 2012 it was possible to grant long residence after a period of 14 years continuous residence, but that provision was removed by changes to the Immigration Rules on that date. However, a person granted an extension of stay following an application made before 9 July 2012 can still be considered under the rules in force before that date. This means a person granted leave to remain on the basis of 14 years residence in the UK can still be granted ILR once the requirements are met. Paragraph 276ADE of the Rules provides for a person to be granted leave to remain on the grounds of private life on the basis of long residence in the UK.

Home Office in new controversy over spot-checks for ‘illegal immigrants’

Following the controversial recent "go home or face arrest" campaign targeting immigrants in the UK without legal status, the Home Office finds itself in the midst of a new controversy over spot-checks carried out in London in the past few days. According to the Independent, border enforcement officers conducted random stop-and-check operations near stations in the areas of Walthamstow, Kensal Green, Stratford and Cricklewood. Concerns have been raised that the officers were using "racial profiling" and stopping only non-white persons. Stella Creasy, Labour MP for Walthamstow, told the Independent: "I've been told they were only stopping people who looked Asian or African and not anyone who was white. This kind of fishing expedition in public place is entirely unacceptable. I will not have my constituents treated in such a manner." A witness to events at Kensal Green was quoted as saying: "They appeared to be stopping and questioning every non-white person, many of whom were clearly ordinary Kensal Green residents going to work. When I queried what was going on, I was threatened with arrest for obstruction and was told to 'crack on'." Writing in the Independent, the chief executive of Refugee Action warned that "we are increasingly seeing what appears to...