 |
|
|
|
 |
| UK Immigration News _ November 2010 |
|
|
 |
|
|
|
European Court of Human Rights (ECHR)- rule 39 interim measures
Under Rule 39 of the Rules of Court, the Court may impose interim measures on any State party to the Convention (The European Convention on Human Rights). Any contracting State or individual claiming to be in violation of the Convention may apply to the Court for redress. Rule 39 interim measures
RT (Zimbabwe) & Ors v SSHD [2010] EWCA Civ 1285
This case concerned appellants of Zimbabwean origin who having claimed asylum in the UK, were refused by the Home Office. Their appeals were subsequently dismissed by the Asylum and Immigration Tribunals by reference to the guidelines in the case of RN (Zimbabwe CG) [2008] UKAIT 00083. Read more
'Apply online’ has been restored
The UK Border Agency’s Apply online system has been restored and is now functional following technical issues encounter.
This system can be used by advisors and applicants to locate application forms for different application types. Furthermore ‘interactive’ versions of some forms are also available which enable applicants and advisors to submit and pay for an application online.
This interactive form is incompatible with Safari web browser for the time being and as an alternative you must download and print a PDF form and complete it by hand.
Legal Aid reforms to affect Immigration
Kenneth Clark, the Justice Secretary announced on 15th November 2010 that reforms to legal aid are expected to go underway as a part of new Government plans to minimize public spending and expenditure. Legal Aid reforms
Tier 1 General category to be reduced as of April 2011
The Home Secretary Teresa May announced the Government plan today to substantially reduce the number of migrants allowed on a Tier 1 General visa.
A new version of the Form AN has been published by the UK Border Agency.
This form is used by applicants who wish to naturalise as a British citizen. Read more
New application forms- version 11/2010
The UK Border Agency have published new versions of all FLR and SET application forms including forms for applications under the points-based system. Read more
Immigration levels still too high according to Prime Minister David Cameron
Prime Minister David Cameron voiced his concerns over immigration levels stating that it needs to be brought down. He commented that there has been over 200,000 migrants coming into the UK in recent years stating that it was ‘unacceptably high’.
A permanent cap on migrants is being introduced as of April 2011 in a bid to reduce the number of migrants. The Government is said to be implementing interim measures in the meantime to avoid an influx of ‘last minute’ applications.
21 November 2010
Case-Law update:
Fu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2922 (Admin) (01 November 2010)
Case summary: The claimant sought to challenge the Secretary of State’s (SSHD) refusal to treat his application for an extension of leave to remain under the Tier 4 general student category as valid in accordance with paragraph 34 of the Immigration Rules. Read more
New Home Office fees
As we previously announced on 9 October 2010 the Home Office will be changing the fee list. From the week commencing 22 November onwards the UK Border Agency will be introducing new application fees for all migrants applying to enter the UK or extending their leave to remain in the UK for work, study or other purposes. This new change was approved by the Parliament.
It is said that the changed fees are set above the cost processing and subject to a positive parliamentary process.
Dublin Regulations Italy
On the 9 of November 2010 the German court decided to suspend returning an asylum seeker to Italy on a temporary basis under the Dublin Regulations. The decision, which is of temporary nature and specific to this case, gave the courts the opportunity to express their concerns regarding the humanitarian situation of asylum seekers in Italy, specially the health and housing issues, which have been seen to be failing to meet the minimum European standards. The Court stressed valid doubts as to whether Italy “offers reasonable assurances” with regards to the fundamental rights of individuals who have applied for international protection.
Iraq
Following the recent attacks in Iraq upon the Christian’s, Berlin’s state interior minister, Mr Ehrhart Koerting, has encouraged the German government to grant asylum to up to 2, 500 Iraqi Christians. On Wednesday he commented that the German government should take in Iraqi Christians instantly and autonomously of European Union decisions.
He stated that humanitarian help must be provided to the Iraqi Christians as their country has failed to protect them. This follows the attack on Monday where two Christians were subject to death in their homes by gunmen. Furthermore, it has been reported that last month militants ambushed a Catholic church in the capital, Baghdad, during a Sunday Mass and as a result 68 people were killed.
Statistics show that Germany has taken in 2, 500 Iraqi refugees last year and it is said that almost half of them were Christians.
Further to our previous article regarding the new English language requirements aimed at migrant partners seeking to enter the UK, the UK Border Agency published an explanatory video detailing the extent of the requirements.
From 29 November 2010 onwards, any migrant outside the EEA seeking to enter the UK as the partner of a British Citizen or someone settled in the UK will be required to demonstrate the ability to speak and understand English. The UK Border Agency has said that for many, this may mean taking an English language test with one of the approved test providers.
The video outlines the way in which applicants currently in the UK can meet the requirement and it provides the advantages as to why migrants wishing to settle in the UK should learn English. Notably, applicants from overseas are required to undertake a test (if applicable) before applying for entry to the UK. This video can be found at Home Office YouTube channel.
New English Language Requirement
Following the UK Border Agency’s announcement on 9 June 2010, as of 29 November 2010, any migrant wishing to enter or extend their stay in the United Kingdom as a partner of a British citizen or a person settled in the UK must demonstrate the ability to speak and understand the English language. English Language Requirement
Member states have been asked to respect the decision made by the ECHR concerning the removal of Iraqi citizens.
The Council of Europe Secretary General (Mr Thorbjørn Jagland) has made a vigorous response towards Member States who may be starting preparation in returning Iraqi citizens and describing it as a potential breach of a European Court of Human Rights decision.. Read More
Naik v Secretary of State for the Home Department & Anor [2010] EWHC 2825 (Admin)
This case concerned Dr. Naik, an Indian National and leading Muslim writer and public speaker who was seeking to enter the UK to speak at various events in 2010, was excluded by the Secretary of State on 16th June 2010 on the basis that it was conducive to public good and in accordance with the Home Office’s published guidance on ‘unacceptable behaviors’...Read more
Further to our previous update when the UK Border Agency publicly introduced a set limit on the number of initial Tier 1 (General) applications under the points-based system, this limit is in place until 31 March 2011 and does not apply to dependents applications or those who wish to extend an existing visa under Tier 1.
Essentially this means that the UK Border Agency will be administrating the limit on a monthly basis and claim that to avoid exceeding the visa allocation of the 600 limit for the month of November 2010, no further visas will be issued under the Tier 1 (General) applications. An applicant can still submit their application for this category of the points-based system during the closure period however, if an applicant is in a position where they qualify against the rules, unfortunately they will not receive their visa until the UK Border Agency begins issuing visas again, that is on 1st December 2010.
Furthermore, applicants’ who currently have an outstanding Tier 1 application with the UK Border Agency and have a successful application must expect delays in the issuing of visas.
The UK Border Agency hopes to process applications as soon as possible once the start of issuing visas commences in the beginning of the next month. Consequently, UK Border Agency are asking applicants to avoid contacting them as this will more likely cause further delays.
For applicants who wish to extend a permission to remain in the UK under the Tier 1 (General) category or those who wish to switch into this category from another immigration category, please note that the limit will not affect you. And thus, if in such a situation if your application is successful, leave to remain will be issued as normal.
As previously announced on 31 July 2009 migrants who had previously applied for a Certificate of Approval between the years 2005 and 2009 were able to claim a refund of their fee for such an application. This involved demonstrating that the fee caused a real financial hardship at the time of payment; this scheme came to end on 31 July 2010.
However, since 31 July the UK Border Agency have accepted some ad hoc application requests for repayments fees of the Certificate of Approval (known as COA). It is said that the main reason for accepting such applications was to ensure that all applicants who suffered a real financial hardship due to the COA fee were given an adequate opportunity to obtain a refund of this fee.
However, please note that from 1st December 2010, the UK Border Agency will no longer accept such applications.
Please note that all such application forms must be sent by the 30 November 2010 to the following address:
UK Border Agency,
COA Ad Hoc Repayment Scheme,
NCC1,
Lunar House (9th floor),
40 Wellesley Road,
Croydon
CR9 2BY
It is announced that all applications requesting a repayment that are received by no later than the 30 November 2010 will be processed under the terms of the scheme. Furthermore, any applications made after the 30 November 2010 will not be accepted and will be returned without being processed. Once the scheme reaches its end no further extensions will be given.
In what is said to be the first major speech by the Home Secretary with regards to immigration, she has committed to changing the current government policy and amongst other things she aims to ensure that UK is only available to those who are seen as to be the brightest and the best.
The Home Secretary spoke to an audience consisting of key immigration partners at London’s Policy Exchange where she restated the government’s commitment to reducing net migration to the tens of thousands by the end of this Parliament, clarifying that this cannot be done through the current points-based system alone.
She announced the government’s approach to reforming the settlement rules including a formal decision not to pursue the so called “earned citizenship” policy.
This earned citizenship was planned to come into effect in July 2011 and concerned the path to settlement and British citizenship. However, it will no longer be introduced.
In the light of this, the UK Border Agency has said that further announcements and developments with regards to this issue will be announced in due course. Meanwhile, the existing rules and requirements for settlement and obtaining citizenship continue to remain in place.
Amongst many things, the Home Secretary has prioritised her focus points as follows:
- To encourage an increase in the number of entrepreneurs and investors to enter the UK
- Ending the abuse of the student route
- Shortening the link between applicants who enter the UK on a temporarily basis and permanent settlement
The Home Secretary clearly stated that the government is determined in increasing the number of high-value migrants who come to the UK, examples include investors and research scientists. Furthermore, employers must be encouraged to fill vacant jobs with those who are unemployed and already in the UK.
When concluding her speech, she admitted that it would be a difficult task to reduce the net migration from its current level of hundreds of thousands to that of the government’s aim which is tens of thousands.
|
|
|
|
|
|