Immigration Law Archives - Page 3 of 7 - ICS Legal Blog

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Tier 1 changes and other planned changes

New Statement of Changes on the Immigration Rules being planned in December 2018, which should be implemented post Jan 2019. Some of the key points to take from the announcement is as follows: The Tier 1 Investor route is likely to be suspended, so that new changes can be planned by UKVI. The current policy and rules on the Tier 1 Investor route can be found here: https://icslegal.com/tier1-investors.php. Our understanding following the Immigration Minister's statement is that the Tier 1 Investor route is currently being used by organised crime and money laundering. The current Tier 1 Entrepreneur visa is being replaced with the new "Innovator" route, which would bring forward new changes and requirements for those seeking to set up or buy a UK based business. Nokes' full written statement to the Commons is below: "My rt hon Friend, the Home Secretary, will shortly be laying before the House a Statement of Changes in Immigration Rules. "The Government is clear that entrepreneurs play a key role in creating jobs and driving economic growth, which is vital to the prosperity of the UK. In June of this year, we announced a new Start-up visa route. This will build upon the successes...

PM’s speech in Cape Town: 28 August 2018

Good morning everyone, and thank you all for joining us today. It’s a pleasure to be here in Cape Town, a city whose recent past lends it a special resonance for many around the world, and which symbolises the transformation experienced by South Africa. Out in the bay lies Robben Island, where for so long so many were unjustly imprisoned for dreaming of a country in which the colour of your skin made no difference to your rights and opportunities. Foremost among them was, of course, Nelson Mandela. As the world marked the 100th anniversary of his birth earlier this year, a memorial to the great man was unveiled in Westminster Abbey. There it sits alongside tributes to the kings and queens, poets and scientists who have shaped my nation’s history – a fitting recognition of the lasting impact Mandela made on the world. Mandela’s walk to freedom – and that of South Africa – was long and arduous. But 28 years ago, barely a mile from here at Cape Town City Hall, he spoke for the first time following his release from decades behind bars. Four years later, on Grand Parade, the newly inaugurated president of South Africa spoke...

Statement of changes to the Immigration Rules: HC1154, 15 June 2018

Statement of changes to the Immigration Rules: HC1154, 15 June 2018 The purposes of the main changes are to: Make provision for returning residents, including those affected by Windrush. Create a route for Afghan locally engaged staff to apply for settlement in the UK and to extend the ex-gratia redundancy scheme by six years, to include those made redundant on or after 1 May 2006. Create a new settlement route for Turkish ECAA business persons, workers and their family members. Create a new form of leave for people, transferred to the UK under the Dubs amendment, who do not qualify for international protection. Exempt all doctors and all nurses from the annual Tier 2 (General) limit.  Create new provisions in the Tier 1 (Exceptional Talent) category. The changes to Part 7 set out in paragraph 7.2, to Part 8 set out in paragraphs 8.1 and 8.2, to Part 11 set out in paragraph 11.1, to Appendix A set out in paragraphs A14 to A17 and A21 to A25, to Appendix ECAA set out in paragraph ECAA1., to Appendix FM set out in paragraphs FM1. to FM4. and to Appendix FM-SE set out in paragraphs FM-SE1. and FM-SE2. of this...

Leave outside the Immigration Rules

Leave outside the Immigration Rules (LOTR) is a new revised policy to grant leave to remain in the UK. The Home Policy on LOTR is being granted on the following basis: The circumstances in which someone may be granted leave LOTR are covered guidance relating to European Convention on Human Rights (ECHR) Article 3 medical, Discretionary Leave, or where there is an existing published concession. Applications relating to LOTR on Article 8 family and private life grounds must instead refer to the 5-year or 10-year partner, parent and private life guidance. Applications relating to Article 3 medical grounds must instead refer to the discretionary leave guidance. The Immigration Rules are designed to provide for the vast majority of those wishing to enter or remain in the UK however, the Secretary of State has the power to grant leave on a discretionary basis outside the Immigration Rules from the residual discretion under the Immigration Act 1971. From 1 April 2003 to 9 July 2012 the majority of applications which fell outside the Immigration Rules in the UK were considered within the discretionary leave (DL) criteria, which (along with humanitarian protection) replaced exceptional leave to enter or remain (ELTE or ELTR). This...

Appendix FM Immigration Rules Change

Appendix FM Immigration Rules Change is somewhat confusing even for the legal practitioners and the Home Office case working unit. In light of The Supreme Court judgment in MM (Lebanon) & Others v SSHD [2017] UKSC 10, which required that, in circumstances where refusal of the application could otherwise breach ECHR Article 8, Home Office must take into account other credible and reliable sources of earnings or finance available to a couple in considering whether they meet the minimum income requirement under Appendix FM. The test is applied whereby Appendix FM Immigration Rules change give “direct effect” to the Secretary of State’s existing duties under section 55 of the Borders, Citizenship and Immigration Act 2009 and Article 3 of UN Convention on the Rights of the Child, to take into account, as a primary consideration, the best interests of a child affected by an immigration decision. The Supreme Court judgment in Agyarko & Ikuga v SSHD [2017] UKSC 11, which upheld the Secretary of State’s approach in applying a test of “unjustifiably harsh consequences” for the applicant or their family in deciding (in a case falling for refusal under the Immigration Rules) whether exceptional circumstances existed such that refusal of leave...

Surrogacy and the Immigration Rules

Surrogacy and the Immigration Rules is an interesting relationship. Surrogacy is a word that covers a variety of situations where, for whatever reason, a woman carries and bears a child on behalf of someone else. The woman who carries and bears the child is the “surrogate mother”. However, she can do this without being genetically related to the child. The sperm and egg necessary to create the embryo can come from donors and the embryo can be implanted into her. In such circumstances any resulting child may have no genetic connection with the surrogate mother or her husband, (if she has one). This is a complex part of both family and immigration law, you should seek specialist legal advice. ICS Legal handles these applications, and our legal team can be contacted on 0207 237 3388 or you can email our team with your full matters on info@icslegal.com.  It is vital to remember that no matter what the genetic make-up of the child, UK law sees the woman who carries and bears the child as the legal mother. If she is married at the time of her artificial insemination or the implantation of an embryo, UK law will see her husband as the...

Adult dependent relatives change in policy law

Adult dependent relatives change in policy law Adult dependent relatives remain one of the most complex immigration based application and at the time of writing this, there have been no significant changes to the Immigration Rules. The purpose of this route is to allow a non-European Economic Area (non-EEA) national adult dependent relative (ADR) of: a British Citizen in the UK; a person settled in the UK; or a person in the UK with refugee leave or humanitarian protection. 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 immediately 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....

Statement of Changes coming into force 28th Dec 2017

Statement of Changes coming into force 28th Dec 2017. Changes relating to immigration bail The Government proposes to commence Schedule 10 to the Immigration Act 2016 as soon as practicable. Schedule 10 introduces a new provision of immigration bail and repeals the existing powers of temporary admission and temporary release. The changes in this Statement of Changes relate to the rules concerning applications for entry clearance, leave to enter or remain, further leave or indefinite leave in various scenarios. The common factor in each case is the relevance of the applicant having last been granted, or being currently on, temporary admission or temporary release. Those who were granted and remain on temporary admission or temporary release on the date on which the provisions of Schedule 10 are commenced will automatically be treated as if they had been granted immigration bail. After that date, temporary admission and temporary release will no longer be granted, and immigration bail will be granted instead. However, for some time after the commencement of the provisions in Schedule 10 there may be individuals whose earlier grant of temporary admission or temporary release is relevant to their application. Accordingly these references in the rules are preserved to ensure...

A2 English language requirement for the family route – key updates following Aug 2017 changes

The new A2 English language requirement for non-EEA national partners and parents applying for further leave to remain on the family route have been introduced from 1 May 2017. It will apply to those required to apply for further leave to remain on a 5-year route to settlement as a partner or parent on or after that date. This statement of intent provides details about the new requirement, the speaking and listening qualifications which applicants can use to meet it, the approved tests available and the exemptions which will apply. This government wants to remove the barriers that stop women from participating in the workforce. Improved English skills for migrants on the family route will help us move closer to this goal as well as making it easier for families to access vital public services and enabling parents to support their children’s education. The new A2 requirement will also support progression towards the B1 English language requirement at the settlement (ILR) stage, helping to ensure that migrants seeking to settle in the UK as a partner or parent are improving their language skills throughout the 5-year probationary period. All applicants applying for further leave to remain in the UK under Appendix...

Secure English Language Testing (SELT)

What is a SELT provider? For certain visa applications applicants must demonstrate a certain level of English language ability. This can be through passing a test with a Home Office approved Secure English Language Testing (SELT) provider. Which test should I take? It is for you to decide which SELT test to take. These tests on the published list offered by Trinity College London and the IELTS SELT Consortium are acceptable for a number of immigration routes. You should take the level of test required for the immigration route you are applying for. What is the difference between the tests? There are two types of test as different immigration routes require different English language ability. The GESE and Life Skills tests will assess your speaking and listening abilities. The ISE and IELTS tests will test your reading, writing, speaking and listening abilities. What is the process for taking a SELT? You can only take a SELT test offered by either: Trinity College London (UK only); or, IELTS SELT Consortium (UK or overseas). You will need to book your test using the relevant online booking system. The details used to book your test must be as stated on your passport or...