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Archive for February, 2016
TRAVELLING TO AND FROM THE UK WITH CASH - WHAT YOU NEED TO KNOW! If you are travelling to the UK from outside of the EU or alternatively if you are leaving the EU you are obliged to declare any significant quantities of cash that you are carrying. Anyone travelling to the UK should also be aware of the draconian powers that enable the authorities to seize cash from them in the UK. Declarations on entry or departure Under EU law anyone who enters or leaves the EU carrying... Read more »
Posted: 26 February 2016 | Author: Gherson Immigration | Comments (0)
HOME OFFICE GUIDANCE ON SECURING THE ATTENDANCE OF FOREIGN NATIONALS AS WITNESSES IN CRIMINAL TRIALS
HOME OFFICE GUIDANCE ON SECURING THE ATTENDANCE OF FOREIGN NATIONALS AS WITNESSES IN CRIMINAL TRIALS Last month the Home Office published new guidance for Law Enforcement Agencies (LEAs) who need to secure the attendance of foreign nationals to give evidence in criminal proceedings in the UK. This policy replaces 2006 guidance and now also includes a section on European Economic Area (EEA) nationals and their family members who may be required to attend criminal trials in the UK... Read more »
Posted: 25 February 2016 | Author: Gherson Extradition | Comments (0)
COLLECTIVE EXPULSION OF MIGRANTS: KHLAIFIA V ITALY The EU Immigration and Asylum Law and Policy blog has published an interesting article on last September's European Court of Human Rights' decision in Khlaifia and Others v Italy (application no. 16483/12), 1 September 2015. Unfortunately the judgment is only available in French and Italian so we are grateful to the blog for filling in a lot of the detail in English. It's testament to the severity of the Syrian refugee... Read more »
Posted: 24 February 2016 | Author: Gherson Immigration | Comments (0)
REMINDER TO ALL TIER 2 SPONSOR LICENCE HOLDERS As many Sponsor Licence holders will be aware, every April the Authorising Officer will be contacted by the Home Office to apply to renew the company's allocation of Certificates of Sponsorship. All remaining Certificate of Sponsorship allocations will be deleted on 5 April 2016, and replaced with the newly requested allocations. If a Certificate of Sponsorship is required beyond this date, a Level 1 user will need to submit a request,... Read more »
Posted: 23 February 2016 | Author: Gherson Immigration | Comments (0)
SENDING A CURTAILMENT DECISION BY EMAIL IS EFFECTIVE SERVICE In the recent case of Mahmood, R (on the application of) v Secretary of State for the Home Department (effective service - 2000 Order) (IJR) [2016] UKUT 57 (IAC), the Upper Tribunal held that sending a non-appealable decision to an email address constitutes effective service, subject to rebuttal. The case concerned the immigration status of a Pakistani national ('the applicant') in the UK. The applicant challenged... Read more »
Posted: 22 February 2016 | Author: Gherson Immigration | Comments (0)
RUSSIA RATIFIES MUTUAL LEGAL ASSISTANCE TREATY WITH UNITED ARAB EMIRATES On February 15th 2016, Russian President Vladimir Putin signed the Federal law "On ratification of the Agreement between the Russian Federation and the United Arab Emirates on mutual legal assistance in criminal matters". The Federal law was passed by the State Duma on 29th January 2016 and approved by the Federation Council on 10th February 2016. According to the Treaty the Parties undertake, on... Read more »
Posted: 19 February 2016 | Author: Gherson Extradition | Comments (0)
SUPREME COURT HOLDS THAT LAW TOOK A "WRONG TURN" WITH REGARDS TO 'JOINT ENTERPRISE' In an important decision today on 18 February 2015 the Supreme Court handed down its judgment in the case of R v Jogee and Ruddock v R [2016] UKSC 8. The two cases concerned appeals against murder convictions based upon the controversial legal concept of 'joint enterprise' or to give it its less snappy legal name 'parasitic accessorial liability'. The Court was asked to consider the necessary mental... Read more »
Posted: 19 February 2016 | Author: Gherson Immigration | Comments (0)
DELAYS IN ISSUING EEA RESIDENCE CARDS The recent talks about 'Brexit' in relation to the EEA referendum have prompted many EEA nationals and their family members to apply for evidence that they are legally resident in the UK. The new right to rent scheme, which came into force on 12 February 2016, is another reason why having documentary evidence of one's right to be in the UK has become more important than it used to be. EEA nationals can apply for a registration... Read more »
Posted: 18 February 2016 | Author: Gherson Immigration | Comments (0)
THE FUTURE OF SCHENGEN The Schengen Agreement which introduced the abolition of border checks between its signatories has been the subject of much news lately because several participating countries are now paradoxically seeking to reinstate border controls. Among signatories of the Schengen Agreement, Germany, Sweden, Austria, France, Denmark and Norway have already reintroduced temporary border checks . Many other countries have implemented stricter border checks... Read more »
Posted: 17 February 2016 | Author: Gherson Immigration | Comments (0)
CASE NOTE: WASIF V SSHD: COURT OF APPEAL GIVES GUIDANCE ON 'TOTALLY WITHOUT MERIT' JUDICIAL REVIEW CASES The Court of Appeal has handed down further guidance in Samia Wasif v SSHD; Mohammed Hossain v SSHD [2016] EWCA Civ 82 on when it is appropriate to certify applications for judicial review as "Totally Without Merit" (TWM). Judicial review is becoming increasingly important as a remedy in immigration cases. Due to the abolition of appeal rights against most immigration... Read more »
Posted: 16 February 2016 | Author: Gherson Immigration | Comments (0)
GOVERNMENT ANNOUNCES PLANS FOR PROVIDING FURTHER SUPPORT TO CHILD REFUGEES In a written statement to Parliament on 28 January 2016 , James Brokenshire, the Minister of State for Immigration, revealed the Government's proposed course of action for providing further assistance and protection to unaccompanied child refugees 'from Syria, other regions of conflict, and for those in transit in Europe'. He said the government had asked the UN High Commissioner for Refugees (UNHCR) "to make an... Read more »
Posted: 15 February 2016 | Author: Gherson Immigration | Comments (0)
CASE NOTE: JOHNSON, R (ON THE APPLICATION OF) V SSHD [2016]; COURT OF APPEAL FINDS THAT A HISTORIC DENIAL OF BRITISH NATIONALITY DOES NOT BREACH HUMAN RIGHTS In R (on the application of Johnson) v Secretary of State for the Home Department [2016] EWCA Civ 22 (22 January 2016), the Court of Appeal ('the Court') rejected Mr Johnson's submission that his denial of British nationality at birth due to the rules in place at the time amounted to a breach of his Article 14 and Article 8 rights under... Read more »
Posted: 12 February 2016 | Author: Gherson Immigration | Comments (0)
CHANGES IN TIER 2 SETTLEMENT POLICY REGARDING CALCULATION OF CONTINUOUS LAWFUL PERIOD IN UK In November 2015, the Home Office announced a change in its policy regarding how it calculates the continuous period of lawful residence in the UK when considering applications for settlement (ie Indefinite Leave to Remain (ILR)) from Tier 2 Migrants. The policy change comes into effect on 6 April 2016. The Tier 2 route enables workers from outside the EEA to fill a particular vacancy that cannot... Read more »
Posted: 11 February 2016 | Author: Gherson Immigration | Comments (0)
FROM OCTOBER 2016 NEW ENGLISH LANGUAGE REQUIREMENTS IMPOSED FOR FAMILY ROUTE MIGRANTS Non-EEA national partners and parents to be required to pass Level A2 English from October to qualify for further leave to remain. On 18 January the Government announced the introduction of a new English language requirement for family route migrants wanting to extend their stay in the UK. Under the rules to be introduced, non-EEA national family members (partners and parents) will have to pass... Read more »
Posted: 11 February 2016 | Author: Gherson Immigration | Comments (0)
IMMIGRATION HEALTH SURCHARGE EXTENDS TO AUSTRALIA AND NEW ZEALAND On 6 April 2015, the Home Office introduced an Immigration Health Surcharge for non EEA Nationals. The Health Surcharge has to be paid by non EEA Nationals who apply to enter or extend their leave in the UK to work, study or join family for a period of more than 6 months. The surcharge is set at £200 per year and £150 per year for students, with dependants generally paying the same amount as the main applicant.... Read more »
Posted: 10 February 2016 | Author: Gherson Immigration | Comments (0)
REGISTERED TRAVELLER SERVICE EXPANDS FURTHER Plans to expand the Registered Traveller service to Hong Kong, Singapore, South Korea and Taiwan have now been implemented, meaning that nationals of these countries who frequently travel to the UK can now benefit from an improved traveller experience. Becoming a member of this service enables individuals to pass through UK border control faster. The countries covered by the Registered Traveller Service are now as follows:... Read more »
Posted: 09 February 2016 | Author: Gherson Immigration | Comments (0)
Women seeking asylum: how a difficult process can be more difficult because of gender. These days refugees are at the forefront of everyone's mind due to the number of Syrian nationals reaching the European shores, and associated to the idea of refugees is the image of a very large group of people fleeing a war-torn country. However, refugees are not only created by armed conflict. Many individuals fear persecution in their country or origin -even if that country is politically... Read more »
Posted: 08 February 2016 | Author: Gherson Immigration | Comments (0)
Denmark tightens asylum rules with new "jewelry" legislation In an attempt to make Denmark a significantly less attractive destination for asylum-seekers, the Danish government has tightened its immigration laws by introducing new legislation targeting refugees. According to the new law, the police will be authorized to examine asylum-seekers and their luggage in order to confiscate valuables and assets exceeding 10.000 Danish kroner (£1.000). [1] Despite the criticism... Read more »
Posted: 08 February 2016 | Author: Gherson Immigration | Comments (0)
EU REFERENDUM: THE END OF FREE MOVEMENT? As promised in their election manifesto, the Conservatives are forging ahead with their pledge to hold a referendum (a nationwide vote) on 'whether the UK should remain a member of the European Union or leave the European Union'. The referendum is likely to take place by the end of 2017 and may prove to be the beginning of the end of the European Union as we now know it. The EU's foundations lay on earlier agreements between European countries... Read more »
Posted: 03 February 2016 | Author: Gherson Immigration | Comments (0)
THE IMPACT OF THE CHANGES IN NATIONALITY LAW FOR EEA NATIONALS - TWO MONTHS AFTER THEIR INTRODUCTION
THE IMPACT OF THE CHANGES IN NATIONALITY LAW FOR EEA NATIONALS - TWO MONTHS AFTER THEIR INTRODUCTION On 12 November 2015, the British Nationality (General) (Amendment No. 3) Regulations 2015 introduced an additional step for EEA nationals who wish to naturalise as British citizens. Before the changes, EEA nationals could submit evidence that they had exercised Treaty rights in the UK for 5 years and had resided in the UK for a further year, and this would suffice to prove that they had... Read more »
Posted: 02 February 2016 | Author: Gherson Immigration | Comments (0)
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