Immigration Detention & Bail Archives - Page 5 of 17 - ICS Legal Blog

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The Government to set out New Visa Regime

The UK government are expected to set out a new visa regime for EU migrants due to the continuous lobbying of British businesses. The new regime would allow highly skilled migrants business entrepreneurs entry to the UK without any restrictions after Brexit. The obvious skills gap in the capital has been acknowledged by Business Group, London First, who has proposed a solution; employers must do more to train local people to fill skill shortages. They group has also suggested a 6 year long 'transitional phase' in which the sufficient overseas workers will fill jobs in for industries with a lack of employment including jobs in engineering and in the health services. This has been said prior to the newly announced immigration bill which shall be presented to Parliament and the government's Migration Advisory Committee. The proposal by the Government comes after a growing sentiment and anxiety amongst CEO of a variety of companies. Many fear Britain leaving the EU would draw away valuable workers leading to a great loss in capital. EU nationals make up 15% of London's total workforce and almost a third in the construction sector. A Home Office spokesperson has said, 'We are across government to identify and...

Transfer or refer a case

Caseworkers must carry out the following checks before referring a case. Check the ‘Special Conditions’ screen Upon the icon being activated ,a red box containing a white asterisk, the note will read'STOP-CRIM.CASE'. You must immediately alert the criminal casework. If an action marker is present , follow the CID special conditions case working guidance. The central reference system (CRS) CRS must always be checked for local alerts and the details must be actioned as necessary. How to transfer a case on CID Before carrying out this process all initial checks must be completed. Complete the ‘case notes’ screen to state you are transferring the case to an external location and the reasons for this.The following does not apply to transfers to removals casework.Complete and print any required forms or letters. Update case ‘maintenance screen’ on CID by completing the following: 1. Click‘case extended’, which is below the‘previous category’ field 2. Enter the destination of the case into the ‘allocated to (unit)’ field by pressing the F9 key and selecting your chosen option. 3. Click on the ‘on’ box to ensure date of allocation is updated. 4. Click on the ‘ownership tab’ on this screen. 5. Under the ‘request to unit’...

Pre – departure accommodation

In 2010 the coalition government committed to end the routine detention of children for immigration purposes. To support this commitment, in March 2011 the Home Office changed the way in which it deals with families with no lawful basis of stay in the UK by introducing a new family returns process. This process seeks to give families every opportunity to leave the country voluntarily and places the welfare of the child at its heart. The family returns process is divided into three stages, they are: assisted return required return ensured return The government was clear that once the assisted and required return stages had been exhausted and a family failed to leave the UK of their own accord, the Home Office would continue to take steps to make sure they depart. Where necessary, as a last resort to support the family’s removal, this might include a short stay in a new type of facility known as pre-departure accommodation(PDA). The first PDA, Cedars in West Sussex, opened in August 2011. The approach at the  pre-departure accommodation (PDA) is deliberately intended to allow families to stay together as far as possible, allowing them to lead as normal a family life as possible...

European passport return service

The European passport return service allows you and your family to take your passports to a participating local authority for verification and copying, and for the local authority to then send the copy to the Home Office. This allows you to keep your passports while your applications for documentation to prove your right to live in the UK are being processed. You can use this service if you are an EEA or Swiss national and you have applied online for a registration certificate or a document certifying permanent residence. The European passport return service can only be used to verify and copy your and your family’s passports, to submit with your applications. Make an appointment You must contact a local authority to book an appointment to use this service. You’ll need to attend an appointment with them within 5 working days of submitting your online application, so you may want to book one before you submit this application. What you need to bring with you You will need to bring: your original passports a copy of your checklist and supporting documents a printed copy of your application form  

Status of EU citizens in the UK

Offer for EU citizens in the UK The UK government’s offer for EU citizens is: People who have been continuously living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means these citizens will be free to live here, have access to public funds and services and apply for British citizenship. People who arrived before the cut-off date, but won’t have been here for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5 year threshold. They can then also apply for settled status. People who arrive after the cut-off date will be able to apply for permission to remain after the UK leaves the EU, under the future immigration arrangements for EU citizens. Family dependants who are living with or join EU citizens before the UK’s exit will also be able to apply for settled status after 5 years in the UK. In these cases the cut-off date won’t apply. The cut-off date will be agreed during the negotiations but  it shouldn’t be earlier than 29 March 2017 (the date Article 50 was triggered) or later than the date the UK...

TM v The Secretary of State for the Home Department [2017] CSOH 19

TM v The Secretary of State for the Home Department [2017] CSOH 19 OUTER HOUSE, COURT OF SESSION [2017] CSOH 19 P411/16 OPINION OF LADY STACEY In the petition TM Petitioner against THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Petitioner: Campbell QC, Winter; Drummond Miller LLP Respondent: Gill; Office of the Advocate General 3 February 2017 [1] The petitioner is TM, a national of the Democratic Republic of Congo ("DRC"). Her date of birth is 1 March 1962. She arrived in the UK on 4 May 2011 and applied for asylum, which was refused. The petitioner appealed unsuccessfully. Her appeal rights were exhausted on 1 September 2011. The petitioner made further submissions on 8 October 2013 which were refused on 16 June 2015. Further submissions were made on her behalf on 4 January 2016, but the Secretary of State (the respondent) by letter dated 10 February 2016 stated that those submissions did not amount to a fresh claim. The petitioner seeks reduction of that decision and of a further letter from the respondent dated 11 March 2016 which confirms the decision made in the earlier letter and about which I say no more in this opinion. Background [2]...

ABC (AP), Re Judicial Review [2013] CSOH 32

ABC (AP), Re Judicial Review [2013] CSOH 32 SCOTTISH COURT OF SESSION Neutral Citation Number: [2013] CSOH 32 P1231/12 Date of Ruling: 22/02/2013 OPINION OF: LORD BANNATYNE A B C (AP) Petitioner against Secretary of State for the Home Department Respondent JUDGMENT ________________ Pursuer: Forrest; Drummond Miller LLP Defender: Gill; Office of the Advocate General 22 February 2013 Introduction [1] The petitioner is a citizen of Afghanistan, born on 1 January 1990. He sought asylum in the United Kingdom on 16 April 2011. The respondent decided by letter and notice of 12 May 2011, to refuse the claim and remove the appellant to Afghanistan. The petitioner appealed to the First-tier tribunal on the grounds that he had a genuine fear of persecution if he were returned to Afghanistan, that he was a refugee and that his rights in terms of articles 2 and 3 of the Human Rights Convention would be breached if he were returned to Afghanistan. [2] In summary the petitioner's account before the First-tier tribunal was this: the petitioner's father was living and working as a Mullah in Jalalabad. His father and friends were taking taxi drivers from the city and killing them. The petitioner's father's friends,...

How to determine if the continuous period is spent lawfully in the UK

Continuous residence in the UK is an important part of a settlement based application. The applicant must not have spent any of their time in the UK without valid leave to enter or remain. Home Office will refuse indefinite leave to remain (ILR) if the applicant does not meet the continuous period requirement set out in the Immigration Rules. The continuous period requirement is the minimum amount of time which a migrant must spend in employment or being active in the UK economy before being eligible to qualify for ILR. Home Office will assess if the applicant has spent the required minimum time period in the UK, as well as whether they meet all of the other requirements for ILR set out in the Immigration Rules. When you calculate if an applicant has met the continuous period requirement, you must examine how many days absence from the UK they have accrued. The applicant must provide reasons for these absences in all categories except bereaved partner. The majority of applicants are also required to provide evidence of the absence. Evidence is not required from applicants in the following categories: Tier 1 (Investor) (paragraph 245EF) Tier 1 (Entrepreneur) (paragraph 245DF) Tier 1 (Exceptional...

5,000 refugees arrive since Syrian scheme expanded

More than 5,000 Syrian refugees have been resettled in the UK under the Vulnerable Persons Resettlement (VPR) scheme since October 2015, new figures reveal today (Thursday 23 February).   Over 1,200 refugees arrived in the final 3 months of 2016, meaning 5,454 people have been given refuge since the government pledged to resettle 20,000 refugees by 2020. Within this total, approximately half of those who arrived under the scheme were children. Today’s figures also show Syrian refugees are now being housed by more than 200 local authorities across the United Kingdom. The government continues to work with councils and devolved administrations to ensure placements are available as more vulnerable people arrive. Immigration Minister Robert Goodwill said: The humanitarian crisis in Syria is unprecedented, which is why this government is undertaking one of the largest resettlement schemes in the UK’s history. I’m delighted with the significant progress we have made with the VPR scheme so far and vulnerable refugees are arriving here every month. The hard work will continue throughout this Parliament, as we work with local authorities to provide those who have been displaced by conflict with a safe environment and the opportunity to rebuild their lives. In September 2015,...

Changes to the immigration rules

The Home Office is making changes to the Immigration Rules affecting a number of categories. The government announced today, 3 November, changes to the Immigration Rules which will affect applications made on or after 24 November unless stated otherwise. The main changes are outlined below: Tier 2 Implement the first of 2 phases of changes to Tier 2, announced by the government in March following a review by the Independent Migration Advisory Committee. Increasing the Tier 2 (General) salary threshold for experienced workers to £25,000, with some exemptions Increasing the Tier 2 (Intra-Company Transfer) salary threshold for short term staff to £30,000 Reducing the Tier 2 (Intra-Company Transfer) graduate trainee salary threshold to £23,000 and increasing the number of places to 20 per company per year Closing the Tier 2 (Intra Company Transfer) skills transfer sub-category These changes will come into effect for all certificates of sponsorship assigned by Tier 2 sponsors on or after 24 November 2016. The date from which intra company transfers will be liable for the health surcharge will be announced in due course. Tier 4 A number of changes are being made, including amendments to the academic progression rule, maintenance requirements for the Doctorate Extension Scheme...