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EU migrants can claim child benefit even if their children live in another EU country - European Court of Justice rules Last week the European Court of Justice (ECJ) confirmed that EU citizens are entitled to claim child benefits in one member state and send them to their children who live in another member state. The case of Tomislaw Trapkowski, who worked and resided in Germany, was referred to the ECJ by the German courts for the interpretation of the EU regulations covering family... Read more »
Tier 2 visa application requirements amended in light of UK nurse shortage On 15 October 2015, nursing was added to the Home Office shortage occupation list. As an interim measure, this change will temporarily ease the immigration requirements for Tier 2 (General) visa applications whilst the Migration Advisory Committee (MAC) conducts a review of the supply of nurses. Following this, the MAC will decide whether nursing should remain on the shortage occupation list. In the past few months,... Read more »
Syrian Refugee's "Lives at Risk from Freezing Winter Temperatures" Unless the Government Acts Now The British Government has yet again come under fire for what is being viewed as it's "far too weak" response and lack of action regarding the refugee crisis in Europe. Former Shadow Secretary, Yvette Cooper, is one of the most vocal of such critics, stating that Prime Minister David Cameron will be directly responsible for allowing the deaths of Syrian children , as temperatures begin plummeting... Read more »
IMPORTANT CHANGE TO BRITISH NATIONALITY APPLICATIONS AFFECTING THOSE WHO RELY ON EEA PERMANENT RESIDENCE As of 12 November 2015, British citizenship applicants who are relying on an EEA permanent residence must provide a document certifying this permanent residence with their application. This means that such applicants will no longer be able to submit evidence of their, or their EEA sponsor, having exercised EEA Treaty rights for a 5-year period ending no later than 12 months before... Read more »
Prime Minister introduces new plans to extend Chinese Visit visas With effect from January 2016, tourists from the People's Republic of China will be entitled to new visitor visas, which will be valid in the UK for 2 years. This will be 4 times the usual 6-month limit for a standard visitor visa. According to Prime Minister David Cameron, this will bring significant benefits to the UK economy. Additionally, the Prime Minister announced plans to introduce a new 10-year multi-entry visa for... Read more »
Landlords beware! The government announced this week that all private landlords in England are to conduct right to rent checks regarding their prospective tenants from 1 February 2016. The landlords will be oblige to check whether their prospective tenants have a right to remain in the UK before agreeing to rent out their property to them. The so-called "Right to rent" checks were introduced by the Immigration Act 2014. Under section 22 of the Act a landlord must not authorise an adult... Read more »
Changes to Tier 2 PSC Customers Previously Tier 2 Premium customers were able to book their appointments using the UKVI Apply Online Account and submit a Tier 2 paper form at their appointment. On 12 November 2015, the Tier 2 paper application form, for Premium Service Centre use only, will be removed from www.gov.uk, along with the standalone appointment booking function. Tier 2 premium customers will have to submit applications online and book PSC appointments online, at www.gov.uk... Read more »
NSA Revelations Pushes European Court of Justice to Halt Data Flow to the US It has been over two years since Edward Snowden leaked sensitive information about the way the NSA and other intelligence agencies were harvesting personal data and undertaking surveillance. The repercussions of the disclosures are still being felt and one of the biggest aftershocks was registered last week when the ECJ halted the flow of personal data from EU Facebook users to the US and gave the green light to... Read more »
Summary of Migration Advisory Committee: Review of Tier 2 Response to the Call for Evidence The Law Society is in agreement with business leaders across London that tough Tier 2 Visa rules are a threat to the UK capital's crown as a global recruitment leader. The Law Society says that UK immigration restrictions are preventing UK-based, international law firms from recruiting legal staff outside of the European Economic Area (EEA). The Law Society - the professional body for solicitors... Read more »
Leading judges and lawyers release statement on refugee crisis 12 retired judges, 103 Queen's Counsel, barristers, law academics, solicitors, partners and directors have signed a statement calling for an urgent humanitarian response to the refugee crisis. The statement is supported by Gherson Solicitors and has 343 signatories at the time of writing. The initiative, known as the Lawyers Refugee Initiative, is the product of Laura Dubinsky and Raza Hussain QC. You can read more about the... Read more »
SSWP v SSF and others: Female EU citizens retain 'Worker' status for a year when off work for Pregnancy/Maternity-related reasons The Upper Tribunal confirmed last month that female EU citizens can expect to retain 'Worker' status for a year when off-work, meaning that they will continue to be lawfully resident in the UK during that time if they have exercised their free movement rights to migrate to the UK. Consequently they will be able to access the full range of social security and... Read more »
Theresa May's speech heightens anti-immigration sentiment Theresa May's speech at the conservative party conference on Monday was dominated by immigration. With an unsurprisingly negative stance, her speech focused on four particular issues within immigration: students, EU free movement, asylum seekers and refugees. Theresa May made no attempt to hide her finger pointing at students for the huge increase in net migration during her term as Home Secretary. Her decisive comment, 'If they... Read more »
Immigration Bill proposes six-month jail sentence for illegal workers The forthcoming Immigration bill proposes that people found working illegally in England and Wales, will face up to six months in prison. This could mean that instead of being taken to detention centres, illegal migrants will be processed through the courts before being taken to jail. Takeaways and off-licences could lose their licences if they were found to be employing illegal workers. Officials are considering... Read more »
CHILDREN'S COMMISSIONER REVEALS DEVASTATING IMPACT OF 2012 IMMIGRATION RULE CHANGES Changes to the Immigration Rules in 2012 have had a significant impact on children and families according to a new report by the Children's Commissioner. The income requirement was increased, meaning a parent in the UK has to 'earn significantly more than the minimum wage for an overseas partner to be allowed to join them' ( see press release on Skype Families ). They must earn more if they wish to bring... Read more »
What is the difference between a Refugee, Migrant and an Asylum Seeker? The terms 'refugee', 'migrant' and 'asylum seeker' have been used interchangeably in recent months. There are however, some important distinctions between the terms, meaning they carry different legal obligations. Refugee Put simply, a Refugee is a person "fleeing armed conflict or persecution" due to their race, religion, nationality or membership of a particular social group. A refugee claim is made on the basis... Read more »
Landlords have a duty to carry out Immigration Checks The Immigration Act 2014, amended by the Immigration Bill 2015, places new restrictions on accessing private rented accommodation for those without a valid right to remain in the UK. By law, landlords will be required to carry out document checks to identify if a potential tenant has the right to reside in the UK, before they grant a tenancy. Landlords will also be required to keep appropriate records during the tenancy and for at... Read more »
EU Refugee Quota Scheme Imposed on Majority Vote Last week, EU interior ministers pushed through plans to relocate 120,000 refugees across the continent . The decision was made by a majority vote, instead of a unanimous one. This unusual move, which some have labeled as divisive, is rarely taken when voting on such sensitive issues, and is usually reserved for more technical matters. There was a great deal of pressure on Ministers to reach a deal that could be ratified by EU leaders,... Read more »
Countries of Transit and the Externalisation of Border Control The Parliamentary Assembly of the Council of Europe ('PACE') this week approved a Resolution (2073 (2015) 'Countries of transit: meeting new migration and asylum challenges') in order to address the issues related to the 'externalisation of border control' and the unfair burden this approach puts on countries of transit. Countries of transit are those that migrants and refugees travel through on their way to their destination,... Read more »
First Syrian refugees arrive to the UK after the Government announced to accept 20,000 At the beginning of September the Government announced that "over the remainder of the parliament", which is expected to run until May 2020, the UK will accept up to 20,000 Syrian refugees directly from refugee camps in Turkey, Jordan and Lebanon, countries which are neighbouring to Syria. It has now been confirmed that first group of Syrian refugees arrived in the UK last week. The Government has provided... Read more »
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