14-06-19 – Home Office loses half of all immigration appeals

New statistics published by the Ministry of Justice shows that the percentage of successful appeals for the applicants is the highest in the entire history of keeping the records. Applicants won more than 50% of appeals to the Immigration Tribunal in the past financial year. Most of them were appeals against the decision of the Home Office to refuse the applicant to stay in the UK. Last year 58% of Human Rights appeals and 50% of EEA Free Movement appeals were won. However, appeals in the area of asylum seeking were less successful. In 2018/2019 the court decided on approximately 45,000 cases....

13-06-19 – Tribunal rejects government proposal for fast-track asylum appeals

The Tribunal Procedure Committee refused to return the accelerated service of processing asylum appeals to applicants in immigration detention centres. The Tribunal noted that any such system would require a large number of special protective measures to maintain some semblance of a due procedure, and that it would not speed up the process anyway. The Committee also noted that appeal cases are generally processed fairly quickly. Appeals by applicants held in immigration detention centres currently take an average of 11 weeks from the time the application is received until the time the decision...

07-06-19 – Bona fide travellers will be able to obtain Schengen short stay visas in simplified way

The EU Council adopted amendments to reform the current visa procedures for those, who intend to travel to the EU for touristic purposes. New rules will also contribute to the fight against illegal migration. New rules will allow for faster and easier procedures for those traveling legally. In particular, the visa application can now be submitted six months (instead of the current three months) prior travelling  and no later than 15 days before the start date of the trip. It will also be possible to fill out and sign the application in electronic format. In addition, frequent travellers with p...

31-05-19 – The Court of Appeal found the procedure of assessing the age of asylum-seekers illegal

In the case BF (Eritrea) v Secretary of State for the Home Department [2019], the EWCA Civ 872 Court of Appeal ruled that the Home Office policy regarding assessing the age of asylum seekers is illegal. Immigration rules require a completely different approach for asylum seekers who have not yet turned eighteen. For example, Home Office generally cannot put minor children to detention centres. In the above-mentioned case, the immigration officer and the city council of Newport decided that the applicant had reached the adult age. According to them, he was about 26 years old. However, two indep...

30-05-19 – Update on Innovator visa, May 2019

End of an era or the true hardship of the Innovator visa route The new innovator and start-up visas went live on 29 March 2019 to replace the Tier 1 (Entrepreneur) route, which is now closed to new applicants, and the Tier 1 (Graduate Entrepreneur) route, which will close from 6 July. The word from practitioners is that so far there have been no applications made, as there is a lot wrong with the new innovator visa route. The new innovator route was long expected and was deemed to be a nice idea, in particular in the light of the Migration Advisory Committee’s 2015 review of entrepreneur visa....

29-05-19 – NAOs report: Home Office have forcibly removed innocent students from the UK after being accused of cheating during English language tests

The National Audit Office, NAO, published a report on the results of an investigation of fraud during English language tests, which were used for visa purposes, namely in order to obtain Tier 4 visas. In 2014, BBC Panorama published a video from several testing centres showing obvious systematic fraudulent actions of students while sitting TOEIC exam (Test of English for International Communication). Following the scandalous video Home Office together with Educational Testing Service (ETS) started investigation and accused more than 34,000 foreign students of cheating while taking English test...

24-05-19 – Exemption from NHS charges are not applicable for those who submitted Human Rights visa applications

In court case R (ERA) v Basildon And Thurrock Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin), the judge considered whether an applicant who submitted an immigration application based on human rights could be exempted from paying NHS fees, as it is in the case with asylum seekers. According to the 2015 NHS Regulations, hospitals may charge foreign visitors for medical services. Exceptions are only applicable to those who have applied for temporary protection, asylum or humanitarian protection in accordance with Immigration Rules. The applicant in this case is a Ghanaian citizen, who su...

22-05-19 – Failure to provide payroll documents will result in Tier 1 Entrepreneur visa extension refusal

The court in the case of R (Khajuria) v SSHD [2019] EWHC 1226 ruled that the failure to provide PAYE documents in the required format would lead to the refusal of entrepreneur's visa extension applications even if the required number of jobs have been created. One of the main requirement to extend Tier 1 Entrepreneur visa is to create at least two 12-month jobs during initial stay. The applicant, Mrs Khajuria, met this requirement. She created several part time jobs, which were equivalent to two full time positions. Since the salaries of her employees were low, the company did not provide payr...

17-05-19 – UK government scraps passenger landing cards

As mentioned before in our previous news the UK government abolishes the need to fill in paper landing card for international passengers arriving at points of entry in the UK including airports, seaports and Eurostar terminals from 20 May 2019. It was previously announced that the changes would only affect citizens from the United States, Australia, Canada, South Korea and Japan. Nevertheless, the government decided not to limit it to this list and scrap landing cards for all foreigners to help solve the problem of the growing number of passengers arriving in the UK.

16-05-19 – Government plans to change UK Immigration System

In early May 2019, Home Office Secretary Sajid Javid met with representatives of Scottish businesses in the city of Aberdeen and discussed with them the government’s plans to introduce a new immigration system. This meeting took place within the framework of yearlong engagement programme, the purpose of which is to listen to the opinions of businesses and communities regarding the proposed changes. The new immigration system will be based on the skills of each individual applicant, rather than on his/her nationality, and will be implemented in stages from 2021 after the end of free movement fo...