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Posts Tagged 'UKBA'
MIGRATION ADVISORY COMMITTEE RECOMMEND PROPOSALS THAT WOULD RESTRICT EASE OF ENTRY TO THE UK FOR TIER 2 MIGRANTS In its most recent review of Tier 2, the independent Migration Advisory Committee (MAC) was given the task of formulating a set of proposals to "restrict inflows under the route". This review stems in part from the government's intention to improve the training of settled British workers. Both these goals were made in light of the need to balance migrant selectivity and invest... Read more »
Posted: 29 January 2016 | Author: Gherson Immigration | Comments (0)
BIOMETRIC RESIDENCE PERMITS. In March 2015 the Home Office introduced a new initiative whereby non-EEA nationals who are granted leave to remain in the UK for more than six months will receive a Biometric Residence Card (BRP), instead of an ordinary visa-stamp in their passports. Overseas nationals will have to go through the ordinary application procedure when applying for leave in their home country. Upon approval of the application, the applicant's passport will be returned to them... Read more »
Posted: 29 January 2016 | Author: Gherson Immigration | Comments (0)
Nurses-Shortage Occupation? The Tier 2 cap of 20,700 appears to play a limited role in Government attempts to restrict net migration. If the monthly cap for COS is reached and an application is rejected, the employer has to reapply. The cap was reached for three months in a row in 2015, so the problem carried on being rolled over. The problem has been huge for public sector roles, in particular nurses, because they are not earning high enough salaries to reach the heightened salary bar.... Read more »
Posted: 29 January 2016 | Author: Gherson Immigration | Comments (0)
Schengen on the brink: could scrapping Dublin III save Europe? "Schengen is on the brink of collapse" was the gloomy conclusion drawn by Johanna Mikl-Leitner, the Austrian interior minister, following a discussion between EU ministers in Amsterdam yesterday. The purpose of the almost nine-hour-long meeting was to devise a coherent plan to tackle the ever-rising influx of refugees towards Europe - now widely recognized as the biggest challenge the EU has ever faced - and the strain it... Read more »
Posted: 28 January 2016 | Author: Gherson Immigration | Comments (0)
Case note: R (ota Sison) v SSHD; Upper Tribunal finds for the first time that effect upon third party's private life rights can be factor in human rights appeal In R (on the application of Sision) v Secretary of State for the Home Department IJR [2016] UKUT 00033 (IAC), the Upper Tribunal has found for the first time that in making an immigration decision, the Secretary of State must take account of whether the decision might be incompatible with the right to respect for the private life... Read more »
Posted: 20 January 2016 | Author: Gherson Immigration | Comments (0)
New two-year Chinese visit visa launched on 11 January The Home Office has announced that a new two-year visit visa for Chinese nationals will be launched on Monday, 11 January, 2016. The new visa will cost £85, the same as the existing six month visitor visa, and will enable successful applicants to make multiple trips to the United Kingdom. The new Chinese visit visa will also: - Enable visitors to make multiple trips to the UK for a longer period. - Provide eligible Chinese... Read more »
Posted: 07 January 2016 | Author: Gherson Immigration | Comments (0)
ARRIVING REFUGEES INCREASINGLY DETAINED IN EUROPE According to UN figures more than 886,000 refugees and migrants have arrived in Europe this year alone by sea. In a desperate bid to take control of the current turmoil caused by the problems in the Middle East, the EU last week struck a deal with Turkey to help stem the flow of refugees into Europe via the Greek islands. In return for funding in the sum of of £2.1 billion and the promise of visa-free travel to EU's Schengen zone by... Read more »
Posted: 15 December 2015 | Author: Gherson Immigration | Comments (0)
GOVERNMENT FUNDING ISSUES AFFECTING THE IMMIGRATION SYSTEM The Autumn Spending Review of HM Treasury reveals hopes for a fully self-funded immigration system with a view to saving £600 million. Exactly how much the proposed savings will directly affect applicants is unclear but the Review states: "the government will invest over £250 million to enable passports and visas to be processed online. The remainder will be funded through targeted visa fee increases" So it looks... Read more »
Posted: 15 December 2015 | Author: Gherson Immigration | Comments (0)
Supreme Court grants permission in Appendix FM cases. The Supreme Court has granted permission to appeal in two cases, SS ( Congo ) [2015] EWCA Civ 387 and Agyarko [2015] EWCA Civ 440. In 2012, several parts of the Immigration Rules were re-written, and the rules applicable to family members of British citizen and persons with leave to remain in the UK were significantly altered. The new rules came into force on 09 July 2012 and are an attempt on the part of the Secretary of State to... Read more »
Posted: 08 December 2015 | Author: Gherson Immigration | Comments (0)
Court ruling against Paris Match for publishing personal information about Prince of Monaco's private life, breaches the right to freedom of expression On 10 November 2015 the European Court of Human Rights held that in the case of Couderc and Hachette Filpacchi Associés v. France there had been a violation of Article 10 (freedom of expression) of the European Convention on Human Rights. The judgment concerned a ruling against the magazine Paris Match for having published information... Read more »
Posted: 02 December 2015 | Author: Gherson Immigration | Comments (0)
Sweden and Norway introduce new measures to tighten asylum rules Sweden and Norway - two of Europe's most popular destinations countries for asylum seekers - have recently decided to tighten border controls and asylum rules in an effort to reduce the number of incoming asylum seekers, and to force other EU Member States to take in more refugees. On the 17th of November, the Swedish Primer Minister, head of a left-wing government, announced a drastic tightening of their asylum rules . The... Read more »
Posted: 02 December 2015 | Author: Gherson Immigration | Comments (0)
Challenge to English language test requirement for spouses and partners of British citizens or persons settled in the UK is dismissed by the Supreme Court Last week the Supreme Court delivered its long awaited judgment in the case of R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 . The appellants in this case tried to challenge the 2010 change in the Immigration Rules requiring spouses or partners of British citizens and persons settled... Read more »
Posted: 30 November 2015 | Author: Gherson Immigration | Comments (0)
Leak reveals Government proposals to replace Human Rights Act In its manifesto , the Conservative Party pledged to "scrap the Human Rights Act [HRA], and introduce a British Bill of Rights". It said that this would "break the formal link between British courts and the European Court of Human Rights, and make our own Supreme Court the ultimate arbiter of human rights matters in the UK". However, since the election, some doubt has arisen over what exactly the Government had in mind. It... Read more »
Posted: 26 November 2015 | Author: Gherson Immigration | Comments (0)
Adoptions and EEA family permits The Court of Appeal (Civil Division) has recently considered whether an adoption order issued abroad would entitle an applicant child to be granted entry in the UK with his adoptive parents. The case, known as SM (Algeria) v Entry Clearance Officer, UK Visa Section [2015] EWCA Civ 1109, reached the Court of Appeal following the Entry Clearance Officer's (ECO) appeal against a determination of the Upper Tribunal (UT). The UT had allowed the child's appeal... Read more »
Posted: 25 November 2015 | Author: Gherson Immigration | Comments (0)
Statement of Changes to the Immigration Rules of 29 October 2015: Main Changes for Asylum The Immigration Minister, James Brokenshire, announced the latest Statement of Changes to the Immigration Rules, the third since the General Election, in a written statement to the Commons last Thursday. Amongst the changes, there are some major amendments to Part 11 of the Rules, which relates to asylum. Revocation and refusal to renew a grant of protection (refugee status or humanitarian protection)... Read more »
Posted: 25 November 2015 | Author: Gherson Immigration | Comments (0)
Home Office Found to Have Unlawfully Detained Child Asylum Seeker In the case of Home Office v VS [2015] EWCA Civ 1142 the Court of Appeal upheld the High Court ruling that the Home Office had unlawfully detained a child asylum seeker. VS came to the UK on 2 July 2012 to seek asylum. VS was arrested on the morning of his arrival after he was seen getting out of a lorry and he was detained under the Immigration Act 1971. On arrival at the immigration detention centre VS gave his details... Read more »
Posted: 10 November 2015 | Author: Gherson Immigration | Comments (0)
R (On the Application Of Kiarie) v The Secretary of State for the Home Department [2015]: Court of Appeal rules "deport first, appeal later" policy is lawful. The Court of Appeal judges ruled on 13 October 2015 that the Home Office policy of "deport first, appeal later" does not amount to an interference with the European Convention on human rights. However, the Court provided some helpful guidance on the interpretation of 94B and its interplay with Article 8 of the Convention (the right... Read more »
Posted: 04 November 2015 | Author: Gherson Extradition | Comments (0)
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 »
Posted: 29 October 2015 | Author: Gherson Immigration | Comments (0)
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 »
Posted: 29 October 2015 | Author: Gherson Immigration | Comments (0)
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 »
Posted: 28 October 2015 | Author: Gherson Immigration | Comments (0)
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