Immigration Detention & Bail Archives - Page 8 of 17 - ICS Legal Blog

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Processing ACRO Referrals in Criminal Casework

The Framework Decision also allows for the exchange of criminal records information for other purposes, such as immigration or employment vetting, where this is permissible under the national law of the state providing the information. Generally, personal data provided under the Framework Decision can only be used for the purposes for which it was sought. However, any personal data may also be used to prevent a serious and immediate threat to public security, without the need to obtain permission from the other European Union (EU) Member State. When a foreign national is arrested in the UK, the police will request an overseas records check via the ACRO Criminal Records Office (ACRO). ACRO conducts such conviction checks with EU Member States and Non-EU Interpol Member Countries. The target country for the request is usually the individual’s country of nationality. It could also be to another country where they are known to have lived or travelled. Where an overseas check reveals serious offending, ACRO will refer the case to Criminal Casework (CC) for consideration of deportation action. Most checks are carried out under the Framework Decision but ACRO also have bilateral arrangements with a number of non-EU countries and can make a...

Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC)

Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC)  Upper Tribunal (Immigration and Asylum Chamber) Sala (EFMs: Right of Appeal) [2016] UKUT 00411 (IAC) THE IMMIGRATION ACTS Heard at Field House On 7 July 2015 and 7 June 2016 Determination Promulgated 19 August 2016 Before MR C M G OCKELTON, VICE PRESIDENT UPPER TRIBUNAL JUDGE GRUBB Between SHEMSI SALA Appellant And THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Representation: For the Appellant: Mr D O'Callaghan (7 June 2016) and Mr P Bonavero (7 July 2015) instructed by Kilby Jones Solicitors LLP For the Respondent: Ms J Smyth instructed by the Government Legal Department (7 June 2016) and Mr P Deller, Senior Home Office Presenting Officer (7 July 2015) Friend to the Court: Ms S Broadfoot instructed by the Government Legal Department There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member. DETERMINATION AND REASONS 1.     This appeal raises the issue of whether a person who is refused a residence card as an "extended family member" ("EFM") under the Immigration (EEA) Regulations 2006 (SI 2006/1003 as amended) (the...

Assessing sufficient resources under EU rules

The Immigration (European Economic Area) Regulations 2006 (‘the Regulations’) state that a European Economic Area (EEA) national self-sufficient person or student and their family members must have sufficient resources available so they do not to become a burden on the social assistance system of the UK. When deciding if an EEA national and their family members have sufficient resources you must first check if they exceed the maximum level of resources which a British citizen and their family members can have before they no longer qualify for social assistance under the UK benefit system. If they do exceed the maximum level then you must accept that they have sufficient resources. Call ICS Legal on 0207 237 3388 or e-mail us your enquiry to info@icslegal.com

Robert Goodwill named as new Minister of State for immigration

Robert Goodwill MP was yesterday night named as the new Minister of State for immigration in the Home Office. He succeeds James Brokenshire, who has been appointed as the Northern Ireland secretary. Goodwill is a farmer by trade and has been the Member of Parliament for Scarborough and Whitby since 2005. He had previously been a Member of the European Parliament. He describes himself as a "staunch Eurosceptic", but backed Remain in the EU referendum saying Britain is stronger, safer and better off in Europe and that leaving was fraught with risk. You can read a short piece with Goodwill's views on immigration on his website here. In the March 2015 article, he backed the Government crack down on illegal immigration and the aim to reduce net migration. "As part of our successful long-term economic plan, we are building an efficient and effective immigration system that puts Britain first by clamping down on abuses of the system, making sure the right people are coming here for the right reasons and ensuring the British people get a fair deal," he wrote. In an article from January on Holocaust Memorial Day here, Goodwill encouraged all constituents to mark the day and to "join...

David Cameron’s departing words as Prime Minister

David Cameron made a statement in Downing Street on his departure as Prime Minister. When I first stood here in Downing Street on that evening in May 2010, I said we would confront our problems as a country and lead people through difficult decisions, so that together we could reach better times. It has not been an easy journey, and of course we have not got every decision right, but I do believe that today our country is much stronger. Above all it was about turning around the economy. And with the deficit cut by two-thirds, two and a half million more people in work and one million more businesses, there can be no doubt that our economy is immeasurably stronger. Politicians like to talk about policies, but in the end it is about people’s lives. I think of the people doing jobs who were previously unemployed. I think of the businesses that were just ideas in someone’s head and that today are making a go of it and providing people with livelihoods. I think of the hard-working families paying lower taxes and getting higher wages because of the first ever National Living Wage. I think of the children who...

PM meeting with USA, France, Germany and Italy: 9 July 2016

PM attended a meeting with the leaders of the United States of America, France, Germany and Italy at the end of the NATO Summit in Warsaw. A Downing Street spokesperson said: The Prime Minister attended a Quint meeting with the leaders of the United States of America, France, Germany and Italy at the end of the NATO summit in Warsaw today. They reviewed the progress made since leaders had last met in this format in Hanover in April, where the discussion had focussed on counter-terrorism, Syria, Iraq, migration and Russia/Ukraine. They were joined by President Poroshenko for a discussion on the situation in Ukraine, with leaders agreeing on the importance of injecting fresh momentum into implementation of the Minsk Agreement. Leaders also discussed Syria and Daesh, focussing on the need for all sides to abide by the Cessation of Hostilities to create the right conditions for peace negotiations to restart.

Statement: the status of EU nationals in the UK

There has been no change to the rights and status of EU nationals in the UK, and UK nationals in the EU, as a result of the referendum. The decision about when to trigger Article 50 and start the formal process of leaving the EU will be for the new Prime Minister. The UK remains a member of the EU throughout this process, and until Article 50 negotiations have concluded. When we do leave the EU, we fully expect that the legal status of EU nationals living in the UK, and that of UK nationals in EU member states, will be properly protected. The government recognises and values the important contribution made by EU and other non-UK citizens who work, study and live in the UK. I have lived in the UK for more than 5 years. What does the vote to leave the EU mean for me? EU nationals who have lived continuously and lawfully in the UK for at least 5 years automatically have a permanent right to reside. This means that they have a right to live in the UK permanently, in accordance with EU law. There is no requirement to register for documentation to confirm this...

Immigration Bill: overview

A new Immigration Bill was announced in the Queen’s Speech on 27 May 2015. It implements a number of policies in the Conservative party manifesto and further proposals from the Prime Minister’s immigration speech that took place immediately after the general election. The UK is one of the most successful multiracial democracies in the world; because of that, more people want to come here than ever before. With increased demand comes a growing number of people willing to disobey our immigration controls and others who take advantage of vulnerable migrants by promising a better life but delivering the opposite. A new director of labour market enforcement will bring better co-ordination to existing regulators and ensure that the enforcement effort is targeted to prevent exploitation. We are increasing the penalties for those who repeatedly employ illegal migrants as a source of cheap labour. And illegal workers themselves will be committing a new offence and their earnings will be seized. To reduce demand for migrant labour further, the bill will establish a new ‘immigration skills charge’ that certain employers will have to pay if they wish to bring certain workers into the country. The funds raised will be used to develop skills...

Visa premium service centres

You must go in person to a premium service centre if you want to apply to extend your visa or to settle in the UK and get a decision on the same day. You must be applying from within the UK to use this service. Most applications are processed the same day if you bring all the information needed to your appointment. Fees You must pay £500 to apply at a premium service centre, in addition to the standard application fee and the healthcare surcharge (if you need to pay it). You don’t have to pay the premium service fee if you’re applying for anEuropean Economic Area (EEA) registration certificate or to work in the UK as a Croatian national. Your application may take longer than a day if extra checks are needed. If your application is delayed for other reasons, eg IT problems or a fire evacuation, you may be able to get a refund of the premium service fee. You won’t get a refund of the fee if you haven’t paid the correct amount of healthcare surcharge before your appointment. Not all types of application can be made in person. Contact ICS Legal on 0207 237 3388 to book your...

Immigration Bill 2015/16 Factsheet – Enforcement Officer Powers

What are we going to do? Tackle illegal immigration and minimise its impact on public services, communities and businesses in the UK. Facilitate greater collaboration between immigration enforcement, the police and other government agencies. How are we going to do it? Equip immigration officers with enhanced search and seizure powers to collect evidence that will help to secure more civil penalties and removals. Work more closely with police by aligning existing warrant powers. Immigration Minister James Brokenshire said: “Clamping down on illegal immigration – and the unscrupulous people who seek to exploit it for their own gain – requires many different government departments and agencies to work together. “Enhancing the powers immigration officers have will not only help them carry out their own work more effectively, but will also be of benefit to other law enforcement agencies who are working hard to tackle crime.” Background Immigration officers currently have powers to examine, arrest and detain illegal migrants for the purpose of removal. They also have search powers to find passports and travel documents to aid removal. But if they find other evidence of use to law enforcement partners they cannot always act. The Immigration Bill will give immigration officers powers...