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Archive for August, 2015
What do recent numbers say about immigration to the UK? Often media propaganda paints a very different picture about UK immigration than what the actual numbers represent. Recent figures released by the Home Office are enlightening, specifically when viewed in light of Government promises about curtailing immigration and immigration policy more generally. What is often misperceived is the number of asylum seekers making applications in the UK. The year ending March 2015 saw 25,020 asylum... Read more »
Posted: 28 August 2015 | Author: Gherson Immigration | Comments (0)
As of 10th September 2015 the British Nationality (Proof of Paternity) Regulations 2006 will be amended. Currently, a birth certificate issued within 12 months of birth is sufficient to establish paternity for the purposes of British Nationality applications. The new rules will mean that a birth certificate naming the father will not in itself satisfy the requirements for proof of paternity. In an Explanatory Note of 17th August 2014, the Home Office provided the following explanation:... Read more »
Posted: 28 August 2015 | Author: Gherson Immigration | Comments (0)
NEWS RELEASE 13 August 2015 MIGRATION ADVISORY COMMITTEE SETS OUT EARLY ADVICE TO GOVERNMENT ON TIER 2 SALARY THRESHOLDS - Government urged to be cautious over any early decision to raise the minimum salary requirement. The Migration Advisory Committee (MAC) offers independent, evidence-based advice to the government on migration issues. The MAC was commissioned in June of this year to carry out a review of the Tier 2 route. The commission was split into two parts - the early advice on... Read more »
Posted: 24 August 2015 | Author: Gherson Immigration | Comments (0)
Increase in Dual-Nationality Passports as EU Migrants Fear Britain's Exit from the EU An "out" vote in Britain's membership of the European Union in the 2016 referendum, has caused many Europeans in Britain to be concerned for their future in the UK. The UK's exit of the European Union could mean the return of work permits for employees; the abandonment of joint public healthcare arrangements; tighter restrictions on studying and doing business; possible higher taxes on foreign property... Read more »
Posted: 24 August 2015 | Author: Gherson Immigration | Comments (0)
Extradition, Article 3 and Assurances The right to protection from inhumane and degrading treatment (Article 3 of the European Convention on Human Rights) is a fundamental and absolute right. In extradition proceedings an argument can be raised that extradition should be refused because conditions in detention in the requesting state are such that it would breach a person's protection under Article 3. The threshold is incredibly high. The law requires substantial grounds for believing... Read more »
Posted: 24 August 2015 | Author: Gherson Extradition | Comments (0)
IMMIGRATION DETENTION CENTRE A CAUSE FOR NATIONAL CONCERN A number of alarming findings have been revealed in a recent report on Yarl's Wood Immigration Removal Centre. The report of HM Inspectorate of Prisons (HMIP) brands the detention centre as 'a place of national concern.' Many individuals who are detained at Yarl's Wood, and other immigration removal centres, have not been charged with a crime, nor have they been 'detained through normal judicial processes,' as acknowledged by... Read more »
Posted: 24 August 2015 | Author: Gherson Immigration | Comments (0)
REQUIREMENT TO OBTAIN A BIOMETRIC RESIDENCE PERMIT FOR MIGRANTS WHO WISH TO STAY IN THE UK FOR MORE THAN 6 MONTHS Following recent changes, all migrants coming to the UK for more than six months are now issued with a vignette valid for 30 days. The migrant will be required to travel to the UK within the 30 day validity of this vignette. If the migrant (or dependant) does not travel to the UK within that 30 day period, they will be required to have their biometric details taken again and... Read more »
Posted: 19 August 2015 | Author: Gherson Immigration | Comments (0)
Ai Weiwei's Visa Refusal Exposes Wider Problems at UK Visas and Immigration Ai Weiwei is a man whose artwork is world famous, who has filled the Tate's turbine hall and is the subject of a forthcoming exhibition at the Royal Academy. His achievements in architecture include assisting with the design of an Olympic Stadium. On top of this he has become one of the most famous critics of the Chinese government. He is the sort of person that you would imagine the UK would welcome as a visitor.... Read more »
Posted: 19 August 2015 | Author: Gherson Immigration | Comments (0)
New UK Immigration rules already impacting thousands of students New immigration rules aimed at reducing the number of students coming to the UK are already having an effect on thousands of Canadian students The government's plans to tackle annual net migration to the UK have extended to the sphere of international students currently studying or seeking to study and work in the UK. These new rules, effective in November 2015, will target international students by restricting their right... Read more »
Posted: 19 August 2015 | Author: Gherson Immigration | Comments (0)
Government to push a head with "right to rent" scheme despite concerns of unfairness Illegal immigrants living in Britain may face abrupt eviction without a court order under government plans to toughen up immigration control. The plans were announced as part of the home secretary's warning that Britain's "streets are not paved with gold", along with proposals to require landlords to check each tenant's immigration status before allowing them to move in, under what has become known as... Read more »
Posted: 19 August 2015 | Author: Gherson Immigration | Comments (0)
Why is Russia Protecting us from Windows 10 - and no News from Western Politicians as to this Gross Invasion of Privacy? MOSCOW, August 11 (RAPSI) - Vadim Solovyov, a parliament member representing the Communist Party, has addressed Prosecutor General Yury Chaika with a request to check whether the new Windows 10 operating system complies with the Russian laws, Izvestia newspaper reported on Tuesday. Reuters goes on to report that: "Vadim Solovyov, the chief lawyer of the Communist... Read more »
Posted: 14 August 2015 | Author: Gherson Immigration | Comments (0)
"This article appeared in the 2015 edition of The International Comparative Legal Guide to: Corporate Immigration ; published by Global Legal Group Ltd , London ." Please click on the image to open the PDF Read more »
Posted: 13 August 2015 | Author: Gherson Immigration | Comments (0)
Failed asylum seekers with families to lose financial support after 28 day "grace period" These are the proposals made by the Home Office in a consultation paper published on 4 August on: "Reforming support for failed asylum seekers and other illegal immigrants" . (Please see this link to read the report). The Government proposes to introduce these measures from 1 July 2016. Currently support to asylum seekers, such as accommodation and a weekly cash allowance, is provided by the... Read more »
Posted: 12 August 2015 | Author: Gherson Extradition | Comments (0)
Supreme Court finds blanket exclusion of those with limited leave from student loans to be breach of ECHR In a rare example of a case engaging the right to education under Article 2 of the First Protocol of the European Court of Human Rights ("A2P1"), the Supreme Court has found in R (on the application of Tigere) v Secretary of State for Business, Innovation and Skills [2015] UKSC 57 that the blanket exclusion from eligibility for student loans of people with limited leave to remain is... Read more »
Posted: 07 August 2015 | Author: Gherson Immigration | Comments (0)
CJEU judgment on (1) retained rights of residence and (2) self-sufficiency The Grand Chamber of the Court of Justice of the European Union in Kuldip Singh considered two issues relevant to non-EU national family members of EU citizens. The first question was whether the non-EU spouse of an EU national could retain a right of residence after divorce if the EU spouse had left the Member State beforehand. The second question concerned whether an EU citizen exercising self-sufficiency rights... Read more »
Posted: 07 August 2015 | Author: Gherson Immigration | Comments (0)
Immigration Bill measures will mean landlords must evict illegal migrants and overstayers or face jail Controversial new measures to compel private landlords to carry out "right to rent" checks and to take steps to evict tenants who lose the right to live in the UK have been announced by the Department of Communities and Local Government . The measures will be included in the forthcoming Immigration Bill and in some circumstances will allow landlords to end tenancies without a court order.... Read more »
Posted: 06 August 2015 | Author: Gherson Immigration | Comments (0)
What EEA nationals should know... EEA nationals [1] as well as their non-EEA family members have free movement rights guaranteed to them under the Free Movement of Citizens Directive 2004/38/EC, transposed into UK domestic law by The Immigration (EEA) Regulations 2006 (as amended). In practice, it means that any EEA national is able to enter the UK or any other EEA Member State if they produce a valid passport or national identity card issued by an EEA State. The EEA Member States are... Read more »
Posted: 03 August 2015 | Author: Gherson Immigration | Comments (0)
The Court of Appeal (Master of Rolls Lord Dyson, Briggs LJ and Bean LJ) has unanimously dismissed the Lord Chancellor and the SSHD's appeal against the High Court ruling that the Detained Fast Track ('DFT') system is structurally unfair. Nicol J's ruling that the DFT system is ultra-vires and structurally unfair lead ministers to suspend the entire system for review, a process that Immigration Minister James Brokenshire hoped would last only a few weeks. (Please see our recent blog article... Read more »
Posted: 03 August 2015 | Author: Gherson Immigration | Comments (0)
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