Immigration Detention & Bail Archives - Page 6 of 17 - ICS Legal Blog

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6th April 2017 – Changes following Statement of Intent

When the Points-Based System was introduced in 2008-2009, it replaced several previous immigration categories which were then closed. Changes are being made to remove the transitional arrangements for applicants who were previously granted leave in these closed categories to switch into the Points-Based System, where these arrangements are no longer needed. References to closed categories are being retained where required, such as for applicants who may still be relying on a period of leave as a highly skilled migrant or as a work permit holder to contribute towards their qualifying period to support an application for indefinite leave to remain. Changes are being made to update references to the National Qualifications Framework (NQF) to refer to the new Regulated Qualifications Framework (RQF).  Changes are being made to reflect advice from UK NARIC that it is now able to assess qualifications as having been taught in English to levels below C1, and to bring evidential requirements in Appendix B in line with previous changes. IDFC Bank Ltd is being added to the list of financial institutions in India whose financial statements are accepted. Further changes to this list are being made to reflect the change of name of The Dhanalakshmi Bank...

Tier 2 changes being enforced from April 2017

The Tier 2 (General) category is for migrant workers with an offer of a skilled job from a licensed employer which cannot be filled by a resident worker. The following changes are being made following the review of Tier 2 by the MAC: The following changes are being made following the review of Tier 2 by the MAC: The salary threshold for experienced workers is being increased to £30,000 for the majority of new applicants. The salary threshold for new entrants remains at £20,800. The changes laid in November 2016 (HC 667) exempted nurses, medical radiographers, paramedics and secondary school teachers in mathematics, physics, chemistry, computer science, and Mandarin from the new salary threshold until July 2019. This exemption continues, and a further change is being made to award these occupations extra points when allocating places in the Tier 2 (General) limit, to bring them into parity with occupations paying higher salaries. The additional points only apply where such jobs are not already prioritised due to being included on the Shortage Occupation List. Changes are being made to support posts associated with the relocation of a high value business to the UK or a significant new inward investment project, where...

The Home Office has published its response to two reviews of Tier 2 policy, undertaken by the Migration Advisory Committee

Tier 2 is the main immigration route for non-EEA nationals to apply to work in the UK. The proposed changes are balanced to ensure that employers are incentivised to up-skill and train resident workers, whilst making sure they can continue to access migrant workers when needed. The main changes include: Tier 2 (General) salary thresholds for experienced workers will be increased to £25,000 in autumn 2016, and £30,000 in April 2017. However, some health and education professionals will be exempt from the higher threshold until July 2019. The minimum threshold of £20,800 for new entrants will be maintained. Tier 4 students switching to a Tier 2 visa will not be subject to a limit on numbers and their sponsor will not have to carry out a Resident Labour Market Test. Nurses will remain on the Shortage Occupation List, but sponsors will need to carry out a Resident Labour Market Test before recruiting a non-EEA nurse the current intra-company transfer provisions are being simplified by requiring all intra-company transferees to qualify under a single visa category with a minimum salary threshold of £41,500, with the exception of the graduate trainees. The Immigration Skills Charge will be levied on Tier 2 employers at...

Tier 2 immigration skills charge from April 2017

An Immigration Skills Charge (ISC) is being introduced as part of upcoming changes to the Tier 2 (General) immigration route from 6 April 2017. The ISC will be paid by employers who recruit skilled workers from outside of the European Economic Area (EEA) through the route. This will have implications for your recruitment activities outside of the EEA. Key points to consider The charge is a flat rate of £1,000 per person per year of the sponsorship. Employers must pay the ISC upfront at the point a certificate of sponsorship (CoS) is assigned to an individual. Exemptions apply to Tier 4 students switching to Tier 2, PhD occupations and the individual's family (dependants). The ISC does not apply to CoS assigned to individuals before 6 April 2017 or to existing Tier 2 workers already in the UK before 6 April 2017 who extend their stay or change job or employer. The funds raised from the ISC will be used to address the skills gap in the domestic workforce. We are awaiting further details to be released by The Department of Education. Salary Thresholds The minimum salary threshold for Tier 2 applications is increasing as outlined in the table below. For experienced workers, there...

Matters before the tribunal

Matters before the tribunal Section 85 provides that on an appeal against a decision, the tribunal may consider evidence about any matter which it thinks relevant to the substance of the decision, including a matter arising after the date of the decision. However, there are restrictions on the consideration of matters which constitute ‘new matters’. A new matter is a ground of appeal not previously considered by the Secretary of State (SSHD). A person may wish to raise a ‘new matter ‘as part of an appeal under section 82(1). The tribunal however, must not consider a new matter unless the SSHD has given consent for the tribunal to do so. What is the difference between a new matter and new evidence? A new matter and new evidence are different. The SSHD (usually the presenting officer (PO) handling the appeal) will need to consider carefully whether the new issue raised amounts to a new matter. A matter is a ‘new matter’ if: it is a human rights or protection claim, and the SSHD has not previously considered the matter in the context of the decision under appeal or a response to a section 120 notice A ’new matter’ must be clearly...

Summary of the rights of appeal

There are confusions on what decision generates a right to appeal against the decision. Rights of appeal exist against the following decisions: Refusal of a human rights or protection claim and revocation of protection status. These appeal rights are in Part 5 of the Nationality, Immigration and Asylum Act 2002 (the 2002 Act). Refusal of entry clearance and refusal to vary leave to remain, in some situations, where the application was made before the Immigration Act 2014 was in force. Refusal to issue an EEA family permit as well as certain other EEA decisions. These appeal rights are in Regulation 26 of the Immigration (European Economic Area) Regulations 2006. Deprivation of citizenship. Section 40A of the British Nationality Act 1981 applies. Where there is no right of appeal, it may be possible for a person to apply for an administrative review of a refusal of an application if it is an eligible decision and it is alleged that a case working error has occurred. These concepts are defined in Appendix AR of the Immigration Rules and the guidance on Administrative Review. The appeals system contains a number of controls to prevent abuse of the system. In particular there are mechanisms to...

European decisions : right to appeal

An appeal against an EEA decision can be lodged by an EEA national or an EEA family member where they provide specified evidence. An EEA family member is: (a) his spouse or his civil partner (b) direct descendents of his, his spouse or civil partner who are- (i) under 21; or (ii) dependents of his, his spouse or his civil partner; (c) dependent direct relatives in his ascending line or that of his spouse or his civil partner. Right to appeal for extended family members? Following the case of Sala IA/44409/20013 an extended family member does not have a right of appeal where we refuse to issue them with a residence card, an EEA family permit or registration certificate unless they have previously been issued with and still have a valid residence card, EEA family permit or registration certificate. Where an extended family member has previously been issued with a residence card, EEA family permit or registration certificate and that documentation has been revoked, such a person will have a right of appeal against that decision provided they satisfy the conditions in regulations 26(2) to (3A). Consequently, where that person is not an EEA national and claims to be an extended...

Ministry of Justice axes 500% rise in fees for immigration tribunals

Rises of up to 500% in immigration tribunal fees have been dropped in an abrupt U-turn by the Ministry of Justice. Following overwhelming opposition in a public consultation to the scheme that would have raised up to £34m a year, all the increases have been abandoned and the department will undertake a more extensive review of fees. In a surprise written parliamentary statement, Sir Oliver Heald, the minister responsible for courts and justice, said that from Friday all applicants would be charged at previous fee levels and those who had paid the increases would be reimbursed. Fees for an application to the first-tier tribunal dealing with immigration and asylum cases rose earlier this autumn from £80 to £490, while an oral hearing rose from £140 to £800. For the first time, appeals to the upper tribunal were being charged at £350 for each application and £510 for an appeal hearing. The immigration tribunal fee rises were introduced by the last justice secretary, Michael Gove, who also cancelled many of his predecessors’ legal fee increases when he first became justice secretary. Advertisement In a recent public consultation on immigration tribunal fees, all but five of the 147 responses opposed the changes....

New immigration rules which replaces the 28 days out of time application

New immigration rules which replaces the 28 days out of time application Any applicant who is applying for leave to remain must not have remained in the UK after the expiry of their original grant of leave, on the date of their application. Remaining in the UK after leave has expired is commonly known as overstaying. The Immigration Rules were amended with effect from 24 November 2016 to abolish the 28 day grace period, under which applications for leave to remain were not refused on the basis of overstaying if made within 28 day of the expiry of leave. The Immigration Rules now provide for current overstaying to be disregarded in a limited number of scenarios but otherwise it is a now a ground for refusal. First, overstaying will be disregarded if the Secretary of State considers that there was a good reason beyond the control of the applicant or their representative, provided in or with the application, why it could not be made in time, provided that the application is made within 14 days of the expiry of leave. Second, overstaying will be disregarded where the applicant previously made an in-time application, or an application which fell within the...

Apply for a UK visa in New Zealand

Apply for a UK visa in New Zealand Visa service closures in December 2016 and January 2017 The UK Visas and Immigration biometric enrolment centres in Christchurch and Wellington will be closed from 23 December 2016 to 5 January 2017. The Auckland office will be open on 23 and 28 to 30 December 2016. All offices will be open as normal from 6 January 2017. You should allow additional time for the processing of your visa application during this period. New Zealand Post often experiences delays during December, so customers are advised to apply for their visa as early as possible at this time, but no more than 3 months before their intended arrival date in the UK. What does this mean for me? Processing times do not include transit time to and from the decision making hub in Manila. The transit time each way is generally 3 working days, but it can be longer over this holiday period. We have no control over delays in New Zealand Post and this may have an impact on the processing time for individual applications. If you apply for a non-settlement visa using the 15 working day standard service, you should post your...