Immigration Law Archives - Page 5 of 7 - ICS Legal Blog

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Statement of changes 24th Nov 2016: Changes relating to applications and validity

Statement of changes 24th Nov 2016: Changes relating to applications and validity The rules relating to specified forms and procedures for applications or claims in connection with immigration, previously A34-34I, were complicated and difficult to interpret in places. They had been iteratively updated and required a wholesale review to make them understandable and user friendly. They have now been redrafted and simplified, and renamed „How to make a valid application for leave to remain in the UK‟. The changes are as follows. An application for leave to remain in the UK will, as a result of these changes, now only be valid (subject to some exceptions set out in the Immigration Rules) when the applicant: Completes the mandatory sections of the application form. Provides any applicable fee (including the Immigration Health Surcharge). Provides a valid passport (or other proof of identity) or, where permitted, a valid national identity card or their most recent passport or national identity card, or a valid travel document. Provides passport photographs. Provides biometric information. There is no longer a provision to provide mandatory documents as specified in the Immigration Rules; there were no mandatory documents for the purpose of validation of applications set out under the Immigration...

Statement of changes for Nov 2016: Changes relating to the entry clearance Rules

Changes relating to the entry clearance Rules A change is being made to the entry clearance Rules to clarify that British nationals without the right of abode require entry clearance in order to enter the UK for a purpose for which entry clearance is required. The Rules are also being clarified so that applications for visit visas can be made at any post in the world which is designated by the Secretary of State to accept such applications. Changes to General Grounds for Refusal and suitability requirements The Government‟s policy is that those who: Have been excluded under Article 1F from the Refugee Convention or under paragraph 339D from a grant of humanitarian protection; or Would have been so excluded but they have never made a protection claim or made an earlier protection claim which was refused without reference to Article 1F or paragraph 339D; or Are a danger to the security of the UK; or Having been convicted by final judgment of a particularly serious crime are a danger to the community of the UK, will only be granted leave to remain in the UK where their deportation or administrative removal would breach their human rights. Where that is the...

Statement of changes announced for 24th November 2016

Statement of changes announced for 24th November 2016. There will be new changes to the Immigration Rules which are as follows: The main purpose of these changes to the Immigration Rules is to: Implement the first of two phases of changes to Tier 2, announced by the Government on 24 March 2016 following a review by the independent Migration Advisory Committee. Introduce 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. Mandate the refusal of limited or indefinite leave where the applicant has been excluded under Article 1F from the Refugee Convention or under paragraph 339D from a grant of humanitarian protection or is a danger to the security of the UK or, having been convicted by final judgment of a particularly serious crime, is a danger to the community of the UK. Clarify when Dublin transfer, safe third country and first country of asylum rules apply and provide a definition of the third country concepts within the Immigration Rules. As this Statement of...

Statement of Changes in Immigration Rules:Written statement – HCWS235

My Rt Hon Friend the Home Secretary is today laying before the House a Statement of Changes in Immigration Rules as set out below. These changes continue our reforms to the UK immigration system. The changes we are making to the Rules will ensure that those who do not qualify for international protection on account of their conduct, for example serious criminality, are not granted settlement or limited leave to remain in the UK under the Immigration Rules. We are also abolishing the ‘28-day grace period’, during which we currently accept out of time applications for a range of routes including work and study, to encourage greater compliance with the Immigration Rules. This will make clear that people must comply with the Rules and make any application for further leave before their current leave expires. The changes also include the reduction in the threshold of NHS debt from £1000 to £500 for family cases and armed forces cases to align with changes made elsewhere in the Rules in April 2016. The changes also provide for a new English language requirement for non-European Economic Area national partners and parents applying to extend their stay in the UK. The new requirement, which...

Right of appeal removed following changes on 6th April 2015

The Immigration Act 2014 (The Act) explains the operation of the immigration appeals system as found in Parts 5 and 6 of the Nationality, Immigration and Asylum Act 2002 (The 2002 Act) as amended by Part 2 of The Act. The Act introduced fundamental changes to the appeal process. The main changes to appeals made by the Immigration Act 2014 are that a right of appeal only arises when the Secretary of State for the Home Department (SSHD):- (i) refuses a human rights claim; (ii) refuses a protection claim, namely a claim for refugee or humanitarian protection status; (iii) revokes protection status, namely refugee or humanitarian protection status; Refusal of other applications (and other immigration decisions such as a removal decision or curtailment of leave) will not give rise to a 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. If a person has made an application to enter or remain in the United Kingdom (UK), has made a protection claim, or a human rights claim, or a decision to remove or deport has been made, the person may be...

illegal working penalties for employers

Employers must carry out right to work checks on their employees. A new code of practice provides practical guidance on how to avoid illegal discrimination when carrying out the checks. Employers have a duty to prevent illegal working in the UK by carrying out document checks on people before employing them to confirm they have a right to work here. Failing to conduct these checks is not itself a criminal offence, but if an employer only carries them out on people who they believe are not British citizens, for example, on the basis of their colour, or ethnic or national origins, they could find themselves accused of discrimination and it could be used as evidence against them in proceedings under the Equality Act 2010 or the Race Relations (Northern Ireland) Order 1997, as amended. Anyone who believes that they have been discriminated against, either directly or indirectly, by an employer, a prospective employer or an employment agency, because of their race may bring a complaint before an Employment Tribunal, or an Industrial Tribunal in Northern Ireland. If the complaint is upheld, the Tribunal will normally order the payment of compensation, for which there is no upper limit. This is why we recommend that you, as an employer, obtain a statutory excuse...

Yvette Cooper says Labour would scrap net migration target

Shadow Home Secretary Yvette Cooper told a fringe meeting at the Labour Conference yesterday that a Labour government would scrap the Conservatives' net migration target, the Guardian reported. David Cameron has pledged to cut net migration to "the tens of thousands" under the target. According to the Guardian, Cooper said Labour would replace the Government's net migration target with a much more strictly defined series of targets and controls. She said that overseas students would not be included, and she stressed that asylum seekers must be treated entirely separately from migrants. Cooper said the target had completely distorted the Government's policy on immigration. The Guardian quoted her as saying: "We would not have a net migration target because choosing net migration to focus on is the wrong thing. We think immediately what should happen is that students, international university students, should be taken out of the net migration target straight away. What you should instead have is a series of different controls and targets for different kinds of immigration." Cooper said Labour recognised that a system "which is far more sensible about the different kinds of immigration that we face and how it will work internationally" was needed. Meanwhile, Labour leader Ed...

What is the definition of public funds

A number of Immigration applications are refused because applicants fail to adhere with the conditions on their visa. The Immigration Rules defines "public funds" as the following: (a) housing under Part VI or VII of the Housing Act 1996 and under Part II of the Housing Act 1985, Part I or II of the Housing (Scotland) Act 1987, Part II of the Housing (Northern Ireland) Order 1981 or Part II of the Housing (Northern Ireland) Order 1988; (b) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, income related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance) state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002; (c) attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III...

Immigration Analysis: Compliance, Enforcement, and Policy

Immigration Analysis: Compliance, Enforcement, and Policy Today’s immigration environment is ever-changing and increasingly complex. Last week the campaign to end new rules on family migration took a major step forward with a debate in the House of Lords, followed by a significant judgment in the High Court. Further changes to the Immigration Rules will continue to happen and the Home Office will make changes to their policy, which will impact both individuals and companies who sponsor migrants to work in the UK. Most notably, regulatory requirements are fluctuating and enforcement actions are aggressive. ICS Legal, with its depth of experience and broad global reach, is uniquely positioned to offer analysis, commentary, and up-to-the-minute information about the impact these changes will have.  

Immigration Rule changes – Armed Forces

The new revised immigration rules affecting members of HM Forces and their families have been laid in Parliament. Contact ICS Legal today on how this would impact you and your family on 00207 237 3388.  The new rules come into effect on 1 December 2013. They were announced in a written ministerial statement on 4 July 2013, and will bring Armed Forces family rules in line with the family Immigration Rules in Appendix FM. This will mean that: members of HM Forces wishing to sponsor a non-EEA dependant to come to or remain in the UK will have to meet a minimum income threshold; a basic English language requirement, at A1 level on the Common European Framework of Reference (CEFR), will apply to all non-EEA partners seeking leave to enter or remain in the UK as a dependant of a member of HM Forces; to qualify for settlement, all non-EEA partners and children between the ages of 18 and 65 will be required to pass the Life in the UK test and hold an intermediate speaking and listening qualification, at B1 level on the CEFR; all non-EEA partners of HM Forces personnel granted leave under the Immigration Rules will serve a...