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Posts Tagged 'UK immigration'
Earlier this week the Home Office released new guidance on withdrawing asylum claims ("Asylum Policy Instructions - Withdrawing Asylum Claims" version 5.0, 21 June 2016). Withdrawal of asylum claims is provided for in paragraph 333C of the Immigration Rules, which states that, an asylum application can be explicitly withdrawn (by the applicant signing and submitting the relevant withdrawal form) or implicitly withdrawn (see further below). Withdrawal is aimed at those applicants who... Read more »
Posted: Today | Author: Gherson Immigration | Comments (0)
Background Information The appellant is a citizen of Uganda who was granted limited leave to remain in the United Kingdom as a student on 27 September 2010 lasting until 30 April 2012. Before his leave had expired he made an asylum claim and on 7 February 2012 the Secretary of State rejected the claim. Therefore when his asylum claim was refused the appellant had only 11 weeks remaining of his student leave. During his appeals the Upper Tribunal and the Court of Appeal both... Read more »
Posted: Yesterday | Author: Gherson Immigration | Comments (0)
Whilst Tier 1 Entrepreneur applications have for the past couple of years been subjected to the Genuine Entrepreneur test the Home Office are increasingly applying the test to challenge this type of application and in particular initial entry clearance applications. The test is applied for extension, switching categories and Indefinite Leave to Remain applications and is conducted if the Home Office has doubts over the credibility of an application. The test can be carried out in... Read more »
Posted: 22 June 2016 | Author: Gherson Immigration | Comments (0)
Background Information Foreign students coming to the UK, from outside of the EU, in order to study are eligible to apply for a student visa. Depending on the length of their study there are a number of options available to them. If they wish to study for over 12 months then they will require a Tier 4 visa, which is a part of the points based system. If for less than a year then they may apply for a Student Visitor Visa or an Extended Student Visitor Visa. These latter visas... Read more »
Posted: 22 June 2016 | Author: Gherson Immigration | Comments (0)
The media has widely reported that people are preparing in anticipation of a potential "Leave" outcome to the British referendum on EU membership scheduled to take place on the 23 rd of June. The Independent reported that there have been a surging number of applications for British citizenship by EU nationals, and that a publisher of textbooks preparing candidates for citizenship tests said sales had quadrupled since the Prime Minister announced the taking place of the EU referendum.... Read more »
Posted: 21 June 2016 | Author: Gherson Immigration | Comments (0)
The latest judgment in the ongoing litigation around Detained Asylum Cases (DAC) has been handed down in the matter of R (Hossain and Ors) v Secretary of State for the Home Department [2016] EWHC 1331 (Admin) . This was a test case with the Claimants' asserting they were representative of the issues faced generally in DAC. The individual circumstances of the Claimants' included victims of torture who had corresponding medical reports (known as Rule 35 reports) and a... Read more »
Posted: 17 June 2016 | Author: Gherson Immigration | Comments (0)
On Tuesday 24 June 2016 the ECJ ruled on a challenge to the UK's right to deny some EU migrants child benefit and child tax credits. The case ruling relates to those migrants from the EU who are not legally resident and are "economically inactive". The ECJ found that if this is the case then the UK is permitted to restrict the rights of such migrants and their family members to claim child benefit and child tax credits. The judges rejected the Commission's argument that in checking... Read more »
Posted: 16 June 2016 | Author: Gherson Immigration | Comments (0)
The Home Office has recently introduced a new initiative whereby applicants applying for Settlement or No Time Limit in the UK, using the postal service, may be able to get a faster reply to their visa application. By using this service, applicants applying for Settlement in the UK, who have used forms SET (AF), SET (F), SET (LR), SET (M) and SET (O), may be able to get a decision on their application within 5 working days if they have already submitted their applications by post. ... Read more »
Posted: 14 June 2016 | Author: Gherson Immigration | Comments (0)
To add to Russia's economic problems, and partly as a symptom of them, the country now faces the potential loss of a huge number of its professional workforce. Official numbers state that last year 350,000 people emigrated from Russia. It cannot be said with any great certainty what proportion of this figure were graduate professionals however, this gross number is up ten times what it was in 2011. This is despite a strong patriotism within Russia, which sees many students refuse opportunities... Read more »
Posted: 13 June 2016 | Author: Gherson Immigration | Comments (0)
The subject of the EU referendum is a hard one to avoid, with both campaigns showing a high level of engagement. Despite the extraordinary complexity of the issue, it is necessary to objectively understand the differences between the immigration system and the proposed alternative in order to make an informed decision. There has been a lot of talk from the leave campaign about a possible new points-based system for EU nationals. Despite comparisons made from both sides to the Australian... Read more »
Posted: 09 June 2016 | Author: Gherson Immigration | Comments (0)
The All-party Parliamentary Group on International Religious Freedom have criticised how the Home Office interview asylum seekers whose claims are based on converting to Christianity. According to their findings, asylum seekers were being tested on 'bible trivia' rather than focusing on questions, which displayed a deeper understanding on the essence of religion, faith and conversion. Examples include an Iranian asylum seeker whose claim was rejected after his interview.... Read more »
Posted: 08 June 2016 | Author: Gherson Immigration | Comments (0)
The Home Office have updated their guidance to provide clarification as to who is able to be protected by Section 3C, as the authorities have experienced large numbers of applicants who had mistakenly thought they were covered by Section 3C. Section 3C is in place to protect an applicant who has made an in-time application to extend their grant of leave in the UK or an application Administrative Review or Appeal. Section 3C provides those applying under the Immigration Rules... Read more »
Posted: 08 June 2016 | Author: Gherson Immigration | Comments (0)
Civil Liberties Committee MEPs have endorsed the Commission's proposal for a standard EU travel document to ease the return of non-EU 'irregular' migrants who do not hold valid passports or identity cards. The proposal aims to ease the process of returning residents with 'irregular' immigration statuses to their countries of origin in a safe and lawful manner. Member States currently face difficulties arranging these returns as destination countries frequently refuse to accept... Read more »
Posted: 02 June 2016 | Author: Gherson Immigration | Comments (0)
If you applied for a sponsor licence before 01 April 2016 and it is subsequently refused, there is no right of appeal against the refusal decision. In regards to Sponsor Licence applications made after 1 April 2016 which are refused, you are able to apply to correct a mistake with the application if you believe that it was refused because: The caseworker processing the application made an error The supporting documentation sent at the time of application, were not considered... Read more »
Posted: 31 May 2016 | Author: Gherson Immigration | Comments (0)
Earlier this month, the government announced its commitment to resettling unaccompanied asylum-seeking children in the UK from Greece, Italy and France. In addition to the Government's previous commitment to resettle 20,000 Syrian refugees under the Vulnerable Resettlement Scheme, the Prime Minister's Office announced a new initiative on 4 May 2016 in an effort to assist vulnerable asylum-seeking children, particularly those at risk of trafficking or exploitation who it is said, would... Read more »
Posted: 25 May 2016 | Author: Gherson Immigration | Comments (0)
A petition has been launched to challenge the Government's proposals to increase immigration and asylum court fees by as much as over 600%. The Government proposals include increasing the appeal fee in the First-tier Tribunal from £80 to £490 (increase of over 600%) for a decision on the papers and from £140 to £800 (increase of 570%) for an application for an oral hearing. A new fee of £455 for an application to the First-tier Tribunal for permission to... Read more »
Posted: 24 May 2016 | Author: Gherson Immigration | Comments (0)
The Court of Appeal has ruled in London Borough of Croydon v Y [ 2016] EWCA Civ 398 that in challenging an age assessment a claimant may need to agree to further age assessments being carried out in order to proceed with the claim. The Appellant in the proceedings, known as "Y", was a Nigerian national who claimed that he had been a victim of physical and sexual abuse in Nigeria and that he was trafficked to the UK. In November 2014 he was detained under the asylum... Read more »
Posted: 23 May 2016 | Author: Gherson Immigration | Comments (0)
Home Office Refuses to Believe Applicant Made An Immigration Application... Then Return Supporting Documents To Him In R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298 the Court of Appeal subjected the SSHD to stinging criticism both for the way in which she handled the application and the management of the subsequent litigation. It is hard not to sympathize with the Appellant, a Nigerian national,... Read more »
Posted: 20 May 2016 | Author: Gherson Immigration | Comments (0)
The Immigration Bill has received Royal Assent, introducing a series of reforms, which the Government have stated will "tackle the exploitation of low-skilled workers". Immigration minister James Brokenshire said: "Some employers seem to think that by employing workers who are less likely to complain, including vulnerable migrants, they can undercut the local labour market and mistreat them with impunity. The unscrupulous need to know that breaking the law is... Read more »
Posted: 19 May 2016 | Author: Gherson Immigration | Comments (0)
HIGH COURT AWARDS DAMAGES TO EU FAMILY MEMBER FOR UNLAWFUL DETENTION AND BREACH OF EU LAW In the case of R (on the application of Santos) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) the court awarded an appellant a significant sum of damages for both unlawful detention and breach of EU law. To understand the nature of the damages awarded it is necessary to first look at the facts. The Claimant Mr Santos, is a Brazilian national, who... Read more »
Posted: 13 April 2016 | Author: Gherson Immigration | Comments (0)
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