Immigration Law Archives - Page 2 of 7 - ICS Legal Blog

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Adult Dependent Relatives Visas

Adult Dependent Relatives Visas The adult dependent relative (ADR) is an application route to bring dependant family members to the UK. The immigration policy since July 2012 have changed drastically. The policy intention behind the ADR Rules is, firstly, to reduce the burden on the taxpayer for the provision of NHS and local authority social care services to ADRs whose needs can reasonably and adequately be met in their home country; and, secondly, to ensure that those ADRs whose needs can only be reasonably and adequately met in the UK are granted immediate settled status (where their sponsor has this or is a British Citizen) and full access to the NHS and local authority social care services. This is intended to avoid creating a disparity between ADRs depending on their wealth and that of their sponsor, and to give those ADRs who qualify certainty about their long-term status in the UK. The application must establish that the applicant has no access to the required level of care in the country where they are living, even with the practical and financial help of the sponsor in the UK. This could be because it is not available and there is no person in that...

Adopted children and children coming to the UK for adoption

Applications for a UK visa on a child, who have been adopted, can apply on the following basis: the adopted child of a parent or parents present and settled in the UK or being admitted for settlement in the UK; the adopted child of a parent or parents given limited leave to enter or remain in the UK; a child for adoption; or a child for adoption under the Hague Convention. The duty in section 55 of the Borders, Citizenship and Immigration Act 2009 to have regard to the need to safeguard and promote the welfare of a child in the UK, together with Article 3 of the UN Convention on the Rights of the Child, means that consideration of the child’s best interests must be a primary consideration in immigration decisions affecting them. This guidance and the Immigration Rules it covers form part of the arrangements for ensuring that we give practical effect to these obligations. You must carefully consider all of the information and evidence provided in the application concerning the best interests of a relevant child (that is a person who is under the age of 18 years at the date of application and it is evident from the information provided by...

Statement of Changes to be considered – post Aug 2020

Hi, we hope that you will find the following information useful in respect to the new changes to the immigration policies: Some changes are being made to the Immigration Rules for the EU Settlement Scheme (EUSS), contained in Appendix EU, and for the EUSS family permit and travel permit, contained in Appendix EU (Family Permit). The EUSS enables EU, other European Economic Area (EEA) and Swiss citizens living in the UK (and referred to collectively here as ‘EEA citizens’), and their family members, to obtain the UK immigration status they need to remain in the UK, with the same rights to work, study and access benefits and services as they had before the UK left the EU. The EUSS family permit and travel permit enable certain non-EEA citizen family members of a resident EEA citizen to travel to the UK. To extend the scope for victims of domestic violence or abuse to apply for status under the EUSS. In line with the Withdrawal Agreement and the Free Movement Directive, this is currently limited to a former spouse or civil partner whose marriage or civil partnership has been legally terminated and who was a victim of domestic violence or abuse while the marriage...

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...

UK Visas and Immigration – Statement of Changes in brief 14th May 2020

The UK Visas and Immigration team have announced changes on the 14th May 2020. Here is a summary of the changes and you can speak to us on 0207 237 3388. You can also email us info@icslegal.com. As part of the UK's new policy on the devolved government, a person who was born in Northern Ireland, would be able to bring their family members and can apply for an immigration status. This is regardless of whether they are Irish or British or both. The provisions of the domestic violence applications under the EEA regulations have been amended. The Start-up and Innovator categories are for business founders who have been endorsed by approved bodies as having innovative, viable and scalable business ideas. Changes are being made to make it clearer that, to be endorsed, applicants must be founders of their businesses and be relying on their own business plans. These changes also clarify that an Innovator applicant’s business may be already trading, providing they were one of its founders. A change has been made to the requirement for students sponsored for their studies in the UK by a government or international scholarship agency, to obtain written consent from the relevant organisation. The change...

UK Immigration Visas & Covid-19

UK Immigration Visas have not all been halted and whilst those who are considering applying for a UK visa, there may be a delay in the decision making. Due to the current pandemic, those who are in the UK, and are not able to leave the UK or their visas are coming to expire, will benefit from a number of legal provisions. We wish to confirm that ICS Legal are still open albeit our offices are not open for the public. We can advise you on your current circumstances on the telephone, so you can contact us on 0207 237 3388 between Monday to Friday 10 am to 6 pm, or you can email us on info@icslegal.com.  The Home Office have agreed to extend your visas until 31st May 2020, and will need to demonstrate that you are not able to leave the UK. Contact with the Home Office are required to ensure your UK Visa is extended. Switching in the UK to other immigration categories are permitted. For example as a visitor, you will be allowed to extend your visa in the UK without leaving the UK, subject you meeting the strict guidelines. Those applying from outside of the UK,...

Statement of changes and the impact in late 2019

The UKVI had announced the statement of changes and the following is a summary of the changes: The EU Settlement Scheme is contained in Appendix EU to the Immigration Rules, and it provides the basis for various groups to apply for UK immigration status, which they will require in order to remain here permanently after the UK’s withdrawal from the European Union. In particular, the scheme provides the basis for resident EEA and Swiss citizens and their family members, and the family members of certain UK nationals, to apply for UK immigration status. Some of the existing Immigration Rules relating to the return of certain asylum applicants to safe third countries are drafted with specific reference to the Dublin Regulation and to EU membership. These Rules concern asylum applicants in the UK who have previously travelled through, claimed asylum or have been granted asylum in EU countries. In the event of a no-deal EU exit, these Dublin Regulation provisions will no longer apply to the UK. The Rules change addresses this but ensures continuity of approach, by widening the scope of other third country Rules to deal with these cases. The Tier 1 (Entrepreneur) category is now closed to most initial applications but remains...

Partners, divorce and dissolution

Partners, divorce and dissolution is a key element to almost all dependant based immigration applications. All marriages which take place in the UK must, to be recognised as valid, be monogamous and must be carried out in accordance with the requirements of then Marriage Act 1949 (as amended), the Marriage Act (Scotland) 1977 or the Marriage Order (Northern Ireland) 2003. The Civil Partnership Act 2004 law permits two people of the same sex to register their marriage. It must be noted that the case of R (on the application of Steinfeld and Keidan) (Appellants) v Secretary of State for the International Development (in substitution for the Home Secretary and the Education Secretary) (Respondent), the Supreme Court found that restricting civil partnerships to same sex couple amounted to inequality, discrimination and a breach of the right to a family life, in line with Article 8 ECHR. It is important to note that in the UK, a certificate can only be issued by the following people: Superintendent Registrar. Registrar. Clergy (of Church of England or Church in Wales). Authorised person of a Registered Building. The General Register Office. Secretary of Marriage for a Synagogue. Registering Officer for the Society of Friends. No other marriages are seen...

New reforms planned by the UK Government on visa categories

It is quite interesting to view the UK Government's opinion in terms of the impact migration has to the UK, and the benefits it brings about. The Entrepreneurs Network published a very detailed report on the major contribution foreign-born entrepreneurs are making to the UK economy. The reports provides important factual data, that demonstrates that migration plays an important role towards our economy. For example, 49% of the UK's fastest-growing startup companies have at least one immigrant co-founder. According to the report, since the Post-Study Work Visa route was withdrawn the UK's global market share of international students has fallen from 12% in 2010 to 8% in 2016. That does not surprise me at all, as the entire immigration programs have been drastically changed or removed, impacting the very essence of how important migration is to the UK. A perception that the Government has created whereby everyone is either coming to take our jobs or being reliant on the State, which is not true. This moves us to the new "digital transformation" that the UK Home Office have moved their immigration systems to. I welcome the news that the new partner for the UK Home Office, Sopra Steria have ended their relationship with an immigration firm. What...