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Latest UK & International Legal News

No recourse to public funds applications to change conditions of leave: July 2020

No recourse to public funds applications to change conditions of leave: July 2020 No Recourse To Public Funds (NRPF) is a standard condition applied to those in the UK with a temporary immigration status in order to protect public funds. Most migrants visiting, studying, working or joining family in the UK are subject to an NRPF condition until they have obtained indefinite leave to remain. Migrants here without leave are also subject to NRPF, by virtue of their being in the UK without status. Exceptions are made in respect of some migrants, such as families here on the basis of family life/Article 8, where the condition is lifted if the family can provide evidence that they would otherwise be destitute. Migrants with leave under the family and human rights routes can apply to have the NRPF restriction lifted by making a ‘change of conditions’ application if there has been a change in their financial circumstances. The figures included in this ad-hoc release relate to these change of conditions applications, and subsequent decisions. These figures do not directly relate to people, but rather individual claims and their outcomes. More than one claim can be made during a grant of leave and subsequent...

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...

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents

Coronavirus (COVID-19): advice for UK visa applicants and temporary UK residents This is advice for visa customers and applicants in the UK, visa customers outside of the UK and British nationals overseas who need to apply for a passport affected by travel restrictions associated with coronavirus. You can speak to our dedicated Client Support Team on 0207 237 3388 about your legal status in the UK.  Here are some important elements to consider post the temp concession policies: The Home Office only permitting a period of leave until 31st August 2020 and you must then depart from the UK. There are struct policies and you must adhere to those. Leaving the UK is important, as overstaying in the UK can result in a ban. Whilst you have been allowed to stay during the temporary measures, you must leave the UK now. Those who are on long term visas or residency permits, do not benefit from these provisions. This can cause breaks in your residency also referred as lawful residency. This was a temporary measure in place, to avoid those who were leaving the UK, to stay here until it was safe to return. If you decide to stay in the...

Judicial reviews and injunctions

Judicial review is the legal process that allows a person to challenge the lawfulness of a decision, action or failure to act of a public body such as a government department. There are a number of confusions to the impact on a judicial review application and an immigration appeal. They are not the same. The outcomes are different. Immigration removal cases, where there has been an asylum or human rights claim, should not usually reach the stage of JR until after they have had access to the appeals system. Types of event that could be subject to JR are: a failure to act, such as a delay in issuing a document or making a decision; the setting of removal directions, which usually means that the person lodging the JR believes their removal would infringe their rights (for example, rights under the Refugee Convention, European Convention of Human Rights or European Community instruments); a refusal to accept that further submissions amount to a fresh claim; a decision to certify a claim as clearly unfounded; detention. It is important to understand the grounds of the judicial review, and the procedure laws must be carefully followed. You must submit and give notice where possible. The...

How To Apply For A UK Visit Visa (Update – 2020)

How To Apply For A UK Visit Visa OR Visitor Standard Visa the UK Applying for a UK visit visa post Covid-19 can be a stressful process and making sure the Visa is not refused, you need to make sure the application for the UK visa contains both the right information and evidences. The purpose of the UK visitor visa is to allow a person to undertake multiple activities whilst they are in the UK, but the applicant should be able to explain what their main reason for coming to the UK is at the visa application stage, on entry and for extending their stay. It is the applicant’s responsibility to ensure they provide evidence to satisfy the Home Office who will be issuing the UK visit visa, that they meet the UK visitor Visa rules. The application for the UK visit visa is assessed based on the information, immigration history and evidences. We see that the visa applications are being refused due to previous legal abuses. Whilst you are a genuine visitor, the UK Home Office must ensure that the UK visit visa application is applied correctly with the right information. Please do avoid using agents and unqualified lawyers. Whilst their...

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,...

UK Innovator visa

UK innovator visa is a UK visa category usually for entrepreneurs who wish to run a company in the United Kingdom. You need to invest in a new business idea meaning you are not allowed to join or invest into an already established business. You are eligible for this visa if You want to set a business in the UK You are not a national of European economic area and Switzerland Your business or business idea must be endorsed by an approved body You must have at least £50,000 in investment funds if you want to set up a new business. However, you do not require funds if your business is already established and has been endorsed for an earlier visa. Other requirements Aside from important business experience and instruction entrepreneurs must meet the following criteria: You must be at least 18 years of age You must have a valid business plan You must have the ability to support yourself without claiming public funds Your knowledge of English level should be at level B2 You must be a good health You should not make any criminal offence How long it takes to apply for an innovator visa The earliest you...