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BC v Secretary of State for the Home Department [2017] CSOH 83

OUTER HOUSE, COURT OF SESSION [2017] CSOH 83 P1222/16 OPINION OF LADY SCOTT In the Petition by B.C. Petitioner against SECRETARY OF STATE FOR THE HOME DEPARTMENT Respondent Petitioner: Winter; Drummond Miller LLP Respondent: Smith; Office of the Advocate General 2 June 2017 Introduction [1] This is a petition seeking reduction of a decision of the Secretary of State for the Home Department to refuse to treat further submissions in a human rights claim as a fresh claim. [2] The further submissions were based upon the petitioner's family life, in particular his dependency on his family in the United Kingdom whereby his rights under Article 8 of the European Convention of Human Rights (ECHR) would be engaged and his removal would constitute a disproportionate interference in those rights. Background of the Claim [3] The petitioner is Chinese. He was born on 21 July 1990. He arrived in the United Kingdom on 17 October 2010 and claimed asylum on 27 October 2010. His asylum claim was refused on 12 November 2010 and his appeal against that decision was refused on 24 November 2010. He then lodged further submissions and additional further submissions the latter of which were the subject of 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...

Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC)

Upper Tribunal (Immigration and Asylum Chamber) Banger (Unmarried Partner of British National) [2017] UKUT 00125 (IAC) THE IMMIGRATION ACTS Heard at Field House On 13 April 2016 Further submissions completed 22 May 2016 Decision promulgated on: 30th March 2017 Before THE PRESIDENT, THE HON. MR JUSTICE MCCLOSKEY DEPUTY UPPER TRIBUNAL JUDGE RIMINGTON Between THE SECRETARY OF STATE FOR THE HOME DEPARTMENT Appellant and ROZANNE BANGER (ANONYMITY DIRECTION NOT MADE) Respondent Representation For the Respondent: Mr A Metzer QC and Ms S Saifolahi (of counsel), instructed by Breytenbachs Immigration Consultants For the Appellant: Mr P Deller, Senior Home Office Presenting Officer The Upper Tribunal has referred the following questions to the CJEU for a preliminary ruling under Article 267 TFEU: (1) Do the principles contained in the decision in Immigration Appeal Tribunal and Surinder Singh, ex parte Secretary of State for the Home Department (Case C-370/90) [1992] operate so as to require a Member State to issue or, alternatively, facilitate the provision of a residence authorisation to the non-Union unmarried partner of a EU citizen who, having exercised his Treaty right of freedom of movement to work in a second Member State, returns with such partner to the Member State of his nationality? (2)...

How long can a sponsored student stay in the UK?

How long can a sponsored student stay in the UK? The period of leave given to a successful Tier 4 applicant is based on the length of their course. We will calculate the length of the course using the start and end dates you put on the CAS. If a student receives government or other official financial sponsorship, we will limit their permission to stay in line with any requirements the sponsor specifies. 5.52 A Tier 4 (General) student is allowed to spend no more than two years studying in the UK below RQF 6 or SCQF 9 (i.e. studying courses below degree level) . The two year limit does not apply if the Tier 4 (General) student is applying to study a course at below degree level, having never studied as a Tier 4 (General) migrant in the UK before, and applies for leave to study a 3-year course which is subject to a regulatory requirement by the Maritime and Coastguard Agency that they must spend at least 12 months at sea (see Annex C for list of recognised courses). In these cases, a Tier 4 (General) 39 student is allowed to spend no more than three years studying...

Naturalisation as a British citizen by discretion – changes published on August 2017

Naturalisation as a British citizen by discretion. A person may be granted a certificate of naturalisation under section 6 (1) of the British Nationality Act if, the applicant: is at least 18 years old; is of full capacity; meets the residence requirements or is serving outside the UK in Crown Service under the government of the UK; is of good character; has sufficient knowledge of English, Welsh or Scottish Gaelic language, and can provide the required evidence to support this; has sufficient knowledge of life in the UK and provides the required evidence to support this; if successful, intends to have their main home in the UK or enter into or continue in any of the following: o Crown service under the government of the UK o service under an international organisation of which the UK or the UK government is a member o service in the employment of a company or association established in the UK. Full capacity is defined in section 50(11) of the British Nationality Act 1981 as being ‘not of unsound mind’. It is not further defined in the act, but the requirement can be regarded as having been satisfied if the standard set out below...

Exceptional circumstances – what does the new changes mean since 10th August 2017

Exceptional circumstances. Where such exceptional circumstances exist, the decision-maker must go on to consider whether the minimum income requirement is met if other credible and reliable sources of income, financial support or funds available to the couple are taken into account. Those sources, and matters to which the decision maker should have regard when assessing their genuineness, credibility and reliability, are set out in paragraph 21A of Appendix FM-SE. The threshold of such exceptional circumstances (which must be met before other credible and reliable sources of income, financial support or funds can be taken into account) is a high one. Where the decision-maker is satisfied, based on the information provided by the applicant, that there are exceptional circumstances which could render refusal of the application a breach of Article 8, the decision-maker should consider whether the applicant has provided evidence of ability to meet the minimum income requirement through other sources. If the applicant has not already done so, the decision-maker should contact the applicant (or their legal representative) in writing requesting that they provide information and evidence in writing of any other credible and reliable source(s) of income, financial support or funds available to the couple which enables the minimum...

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...

Overview of the Nationality checking service

The Nationality checking service is used by the local authority to check applications for British citizenship and ultimately a British passport. You can use this service to request the local authority to accept your British citizenship and send you application off to the Home office. However you cannot use this service if you apply a certificate of entitlement to the right of abode. The local authorities will check whether your application has been correctly completed but do not provide any assistance or advice on citizenship or on gaining a British passport. What documents are needed? Your original passport Your original documents A printed copy of your application form Also another important piece of information is the service provider (in this case the local authority) must be registered with Office of the Immigration Services Commissioner (OISC) to provide the checking service. Also we would like to remind you that undergoing the checking service does not guarantee success in this application. Finally, the Home office may require additional information from the beneficiary and so will contact you. If you would like more information on this service please contact ICS Legal. We will be able to provide you the advice that you are missing. Just visit...

Brexit polls show Brits prioritise economy over immigration

In a recent Brexit poll it seems the public now favour the economy over full control of immigration.  Figures show that 49% preferred to stay in the single market rather than have full control of immigration. In comparison, 41% said they would prioritise immigration over the economy. These new findings show a shift of opinion as in January  44% prioritise the single market and 42% immigration control. Despite this immigration is still seen as “very important” or “essential” by more than six in 10 people. London seems to have a clear majority on prioritising access to the single market. But among Britons, working-class people and those without qualifications, immigration is key. Also, 29% of people believe that Jeremy Corbyn could get a good deal in Brexit talks, the survey revealed and 67% cent think he would fail. Polls also show 36% believe Theresa May will provide a good deal while 60% think she will fail. The poll suggests there would be support for Brexit Secretary David Davis if he can secure a trade deal that avoids a hard Brexit which he intends to do. He is also a favourite to replace Theresa May and become the next Prime minister.