11-02-19 – Only UK private schools will be able to accept European children from 2021

The government recently published further information for Europeans who plan to move to the UK after the country leaves the European Union without deal. According to new information released recently, those who move to the UK between March 2019 and January 2021, will have no educational restrictions in terms of immigration. However, anyone who will be in the country for more than three months will need to get a temporary European residence permit. In 2021, the situation may change significantly. According to an official government document published shortly before Christmas, only private schoo...

25-01-19 – Rights of EU citizens residing in the Isle of Man and the Channel Islands

The Upper Tribunal in case of Amsar (Isle of Man: free movement) [2019] UKUT 12 (IAC) confirmed that neither the Isle of Man nor the Channel Islands are member states of the European Union. This means that EU citizens, who work there, cannot exercise their rights of free movement for immigration purposes. Therefor they cannot bring their non EU family members (for example, wife / husband) according to the euro rules.

25-01-19 – The European Commission has published a report about investor schemes for obtaining citizenship and residence permits in a number of EU member states

Obtaining citizenships («Golden Passports») Investors can obtain Bulgaria, Cyprus and Malta citizenship through a simplified way: potential applicants are not required to physically reside in the chosen country and there are no requirements to show any other genuine connections with the country before obtaining citizenship. If the citizenship is granted, the applicant has the right to free movement in the EU area will have access to the EU market where he can carry out economic activities and also has the right to vote and be elected in European and local elections. In other words, by obtainin...

23-01-19 – Access to public funds for victims of domestic violence

Victims of domestic violence in certain cases can get access to public funds while their application for settlement is pending consideration at the Home Office. The High Court judgement in case of FA v Secretary of State for the Home Department [2018] EWHC 3475, confirmed that this concession applies only to those applicants who already had spouse visas and were on the route to settlement. The applicant in this case was a citizen of Sudan married to a British citizen. In August 2015, she entered the United Kingdom illegally. Soon she had to leave her husband due to domestic abuse. In August 20...

21-01-19 – Home Office published EU Settlement Scheme pilot phase report

The pilot phase of EU Settlement Scheme was launched on 1 November 2018 and finished on 21 December 2018. Europeans working in the sector of higher education, health and social welfare took part in the pilot.  In addition, vulnerable residents, for example, children in care and those residents who receive support from certain community groups were also engaged.  The scheme is now opened to public. All EU citizens with valid passports and their non-EU family members with 5 years BRPs can apply for their new immigration status from 21 January 2019. EU residents, who only have identity cards in p...

18-01-19 – Government plans to allow the right of appeal for extended family members of EU citizens

Home office has confirmed its plans to give the right of appeal  for extended family members of EU citizens who have been denied a residence permit in the UK. The government plans to lay the new legislation as soon as possible.

18-01-19 – An incomplete set of specified documents can lead to visa refusal when applying for Tier 1 Entrepreneur category

The Court of Appeal in the case Harpreet Singh v Secretary of State for the Home Department [2018] EWCA Civ 2861, supported the decision of the Home Office to refuse visa extension due to the lack of specified supporting documents. At the same time, the court rejected the arguments of the applicant, that evidential flexibility should apply and Home Office could request additional documents on a later stage. In accordance with the Immigration Rules, Tier 1 Entrepreneur applicant in order to extend his visa should create the equivalent of two new full-time jobs and they must exist for at least 1...

16-01-19 – Thirteen years delay in ILR application

The High Court in case of R (Mohamed) v Secretary of State for the Home Department [2018] EWHC 3547 (Admin), ruled that the Home Office illegally postponed the decision on the ILR application, which was made while  the claimant was a child. However, the court further ruled out that the applicant is not entitled to any damages arising due to the delay. Mr. Mohamed applied for ILR in 2005 as a dependent family member. He also applied for asylum in the United Kingdom in 2015. Home Office has not yet made a decision on any of these applications. Meanwhile, Mr. Mohamed committed several serious cri...

21-12-18 – IHS Immigration Healthcare Surcharge will be doubled

The Home Office will double the fee for IHS Immigration Healthcare Surcharge for applications made on or after 8 January 2019. The new fee will be £ 400 per year (£ 300 for Youth Mobility Scheme applicants). A proposal to increase the fee was passed to the Parliament at the end of autumn 2018 and was approved in December.  

20-12-18 – Home office published White Paper about post-Brexit immigration system

Foreign Minister Sajid Javid in his statement to the Parliament on 19 December 2018, outlined the main directions of immigration policy after the country leaves the European Union: 1) Citizens from the EU countries (except from Ireland) and Switzerland, as well as their family members will be subject to the UK immigration control. This means that they will need to obtain a entry permit to enter the United Kingdom in advance. 2) There will be a single immigration system for all foreign nationals. Free movement for EU citizens will end. This approach will provide equal opportunities for all appl...