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Public interest Immigration Act 2016 changes

Public interest Immigration Act 2016 changes On most occasions, a person who meets the requirements for continuous lawful residence should be granted indefinite leave to remain. This is unless a grant is against the public interest. You must consider whether there are any reasons why it would be undesirable on public interest grounds to grant indefinite leave. In considering this you must take into account the person’s: age strength of connections in the UK personal history, including character, conduct, associations and employment record domestic circumstances compassionate circumstances any representations on the person’s behalf The applicant must also not fall for refusal under the general grounds for refusal. You must assess the factors in paragraph 276B (ii) to decide whether a grant of indefinite leave would be against the public interest. You must look at reasons for and against granting indefinite leave using the factors listed and, where necessary, weigh up whether a grant of indefinite leave would be in the public interest. If the applicant has not completed the necessary period of residence, they will not be able to satisfy the rules for long residence, regardless of any of the factors listed above. However, even if an applicant has not...

Applying the new changes on the EU Reg 2006

Applying the new changes on the EU Reg 2006 - Non-EEA national family members of dual EEA and British citizens EEA nationals who are also British citizens are not considered to be ‘EEA nationals’ for the purposes of the Immigration (European Economic Area) Regulations 2006 (‘the Regulations’). This applies whether or not the British citizen has always resided in the UK. A family member of a dual EEA national and British citizen does not have a right of residence under the regulations on the basis of their relationship to the dual national. If they do not have a right of residence on any other basis under the regulations, they will need leave to enter or remain in the UK under the Immigration Rules. Transitional arrangements Transitional arrangements were put in place following amendments to the regulations in July 2012, which allowed family members of dual EEA and British citizens who had already relied upon a right of residence as the family member of that dual national to continue to enjoy a right of residence where the conditions set out below were met. Persons residing in the UK on 16 July 2012 Persons already residing in the UK on 16 July 2012...

Supreme Court dismisses appeals against deportation by foreign criminals

Supreme Court dismisses appeals against deportation by foreign criminals In two judgments handed down today, the Supreme Court has dismissed the appeals against deportation by two foreign criminals. EIN members can read the judgment in Hesham Ali (Iraq) (Appellant) v Secretary of State for the Home Department (Respondent) [2016] UKSC 60 and the judgment in Makhlouf (Appellant) v Secretary of State for the Home Department (Respondent) (Northern Ireland) [2016] UKSC 59. The cases concerned the interface between the power of the Secretary of State to deport a foreign criminal and the latter’s ability to resist deportation by reference to his right for respect for his family life under Article 8 of the European Convention on Human Rights (ECHR). The Supreme Court's press summary for the case of Hersham Ali explains: BACKGROUND TO THE APPEAL These proceedings challenge a deportation order made in respect of the appellant, an Iraqi national who has lived unlawfully in the UK since 2000. He made an asylum claim in 2002, which was rejected, and his subsequent appeal was dismissed. In November 2005 he was convicted of Class A and C drug possession and was fined. On 4 December 2006, he was convicted of two counts...

Changes to reform the periods within which applications for further leave can be made by overstayers

Changes to reform the periods within which applications for further leave can be made by overstayers While applications for further leave to remain for many rules-based applications are expected to be made in time, i.e. before any existing leave expires, any period of overstaying for 28 days or less is not a ground for refusal as far as those applications are concerned. This 28 day period was originally brought in so that people who had made an innocent mistake were not penalised, but retaining it sends a message which is inconsistent with the need to ensure compliance with the United Kingdom‟s immigration laws. The 28-day period is therefore to be abolished. However, an out of time application will not be refused on the basis that the applicant has overstayed where the Secretary of State considers that there is a good reason beyond the control of the applicant or their representative, given in or with the application, why an in time application could not be made, provided the application is made within 14 days of the expiry of leave. Additionally, for those who have been present on 3C leave (leave extended by section 3C of the Immigration Act 1971), the 28-day...

Changes relating to Family and Private Life

Changes relating to Family and Private Life The following changes and clarifications are being made to the Immigration Rules relating to family and private life: Include in the transitional provisions in paragraphs A277B and A227C of Part 8 of the Immigration Rules access to the provisions of the child rules under Appendix FM. Confirm that a letter confirming the issuing of a Certificate of Eligibility to adopt is required when an entry clearance application involves an intercountry adoption subject to section 83 of the Adoption and Children Act 2002 or the equivalent legislation in Scotland or Northern Ireland. Clarify when those who have made false representations or failed to disclose any material fact in a previous application will normally be refused on grounds of suitability. Reduce the level of NHS debt from £1000 to £500 as a discretionary basis for refusal on grounds of suitability. Introduce from 1 May 2017 a new English language requirement at level A2 of the Common European Framework of Reference for Languages for applicants for further leave in the UK as a partner or parent, after completing 30 months here on a 5-year route to settlement under Appendix FM. Clarify that a child is only...

Changes relating to administrative review

Changes relating to administrative review  Appendix AR to the Immigration Rules sets out the Rules for administrative review including the decisions that are eligible for review. The purpose of an administrative review is to assess whether the original decision maker made a case working error in deciding the application. The review is ordinarily based on the evidence originally supplied with the application. Additional evidence may only be submitted in the circumstances set out in paragraph AR2.4 of Appendix AR, with reference to certain sub-paragraphs of AR2.11. Two minor amendments have been made to these Rules. Firstly, a change has been made to paragraph AR2.4 to clarify that the reviewer may consider evidence that was not before the original decision maker where either sub-paragraph (a) or (b) applies. There is no need for both subparagraphs to apply. This was always the policy intention and the Rule has in practice been interpreted in this way. Secondly, a change has been made to remove the reference to paragraph V.9.2 in paragraph AR2.11(a)(iii). Where a person arrives in the UK with leave to enter or remain (including a visit visa) this can be cancelled at the border on grounds which include a change of...

Changes relating to overseas domestic workers

Changes relating to overseas domestic workers The Immigration Rules are amended to: Remove the upper age limit currently applied to those applying in the Overseas Domestic Worker in Private Household category. Clarify the meaning of full-time employment in the context of extension applications made in respect of those admitted in the Overseas Domestic Worker in Private Household category where they were admitted under the Rules in force prior to April 2012. Provide for those admitted as an overseas domestic worker to qualify for a grant of leave as a domestic worker who is the victim of slavery or human trafficking where they have been granted discretionary leave immediately following a positive conclusive grounds decision under the National Referral Mechanism. Amend the conditions of stay applied to a person granted leave to enter or remain as a Tier 5 (Temporary Worker) where they are a private servant in a diplomatic household. Safe third country and first country of asylum concepts EU law, as set out in the Procedures Directive (2005/85/EC), supports the principles and allows for applications for asylum to be treated as inadmissible where the applicant could safely be returned to a non-EU state that can be considered either a...

Changes relating to Tier 5 of the Points-Based System

Changes relating to Tier 5 of the Points-Based System Tier 5 of the Points-Based System encompasses the Tier 5 (Youth Mobility Scheme) and Tier 5 (Temporary Worker) categories. The following changes are being made in Tier 5: The Immigration Rules are amended to specify new allocations of places to participating countries for 2017 in the Tier 5 (Youth Mobility Scheme) category. The allocations are based on previous levels of take up by British citizens of equivalent schemes offered by participating countries. The Rules are amended to provide for the operation of arrangements to manage the allocation of places under the Tier 5 (Youth Mobility Scheme) allocation for Japan, where demand is expected to significantly exceed supply. Deemed sponsorship status is conferred upon Taiwan. The provisions of the Immigration Rules in respect of maintenance requirements are amended to bring them in line with the equivalent provisions for Tier 2 migrants, providing A-Rated Tier 5 sponsors with the option of certifying maintenance in respect of a Tier 5 migrant by confirming that that they will maintain and accommodate the migrant for the first month of their stay. The rules are also amended to enable a Tier 5 sponsor to certify maintenance in...

Changes relating to Tier 1 of the Points-Based System

Changes relating to Tier 1 of the Points-Based System Tier 1 of the Points-Based System caters for high value migrants, and currently consists of four active categories: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). It also includes the Tier 1 (General) category, which was closed to new applicants in April 2011 but remains open for settlement applications. Tier 1 (Entrepreneur) The Tier 1 (Entrepreneur) category caters for applicants coming to the UK to set up, take over, or be involved in the running of a business in the UK. The following minor technical changes are being made to this category to clarify various evidential requirements and to correct minor drafting errors: An amendment to clarify that applicants supplying third party evidence do not need to meet the requirement for their bank statements to cover a consecutive 90-day period of time. An amendment to make clear that applicants who are also accountants cannot sign-off their own accounts and/or funding evidence. Making a provision to allow applicants with funding from an endorsed Seed Funding Competition to provide a letter from an authorised official of the fund as confirmation that money is being made available...

Changes relating to the Points-Based System

Points-Based System applications are normally decided on the basis of the information provided by the applicant before the case is considered. Paragraph 245AA of the Immigration Rules sets out the limited circumstances in which a decision maker may write out to request further evidence from the applicant. A change has been made to clarify in what circumstances a document will be considered to be missing from a sequence for the purposes of paragraph 245AA(b)(i) and so may be requested from the applicant. A document will only be considered to be missing from a sequence where the documents at the beginning and the end of a sequence have both been provided and the missing document is within that sequence. When further documents have been requested under evidential flexibility, the time period the applicant has to provide the required document has been changed from 7 working days to 10 working days. This is to align it with the time period for responding to a request made under the current paragraph 34C (paragraph 34B from 24 November 2016) of the Immigration Rules.