News
08.08.2019 - Fast-track immigration for top scientists
Boris Johnson has promised to cancel any restrictions related to visa entries for the leading scientists to counteract any fears that the reputation of the science hub in Britain could be seriously damaged by the upcoming Brexit. The prime minister will give tasks to the Home Office and Department for Business, Energy and Industrial Strategy to develop a new strategy plan for the world’s scientists’ ease of entry into Britain, starting with the employees of prestigious educational establishments and finishing with students who show great potential, for example, the students who won mathematical Olympics. Sceptics believe that this announcement should have been made immediately after the referendum as the country has lost a lot of reputable scientists and researchers since the referendum results.
29.07.2019 - UK government lifts Tier 2 visa annual cap for PhD applicants
The UK government will remove the Tier 2 visa limit for scientists and researchers with PhD qualifications. First time this proposal was announced by David Cameron in October 2011. Besides, the Home Office will add a new exception in requirements for obtaining ILR status for those who were absent in the country more than 180 days in every continuous residency periods of 12 months. Excessive absence will not be a reason for refusal if it is related to “research activities abroad.” The new changes will come into force this autumn in attempt to attract “the brightest and best” especially in the c...
23.07.2019 - Launch of judicial review against the Home Office regarding the refusal to provide personal data of EU citizens
The3million and the Open Rights Group activists have filed an application with the High Court for a judicial review of the UK government refusal to provide European citizens with access to their personal data stored in the Home Office in connection to their immigration cases. Activists claim that the provision in the Data Protection Act 2018 illegally excludes the rights of EU citizens to receive private information that is owned by third parties.
During the hearings, it turned out that 60% of requests for disclosure of EU citizens' data were rejected from the beginning of 2019 referring to th...
21.07.2019 - Deadlines for filing acknowledgement of judicial review’s service
The Upper Tribunal in case of Sutharsan (UT rule 29(1): time limit) [2019] UKUT 217 (IAC) reviewed the interpretation of the rule regarding the deadline for filing service acknowledgement of judicial review application. The rule itself requires the Home Office to confirm receipt of the application no later than 21 days after the applicant has provided them with a copy of it. Though it is not entirely clear what exactly the word "provided" means: the date when the applicant sent the documents or the date when Home Office physically received it. The Tribunal ruled that the 21-day period begins ...
16.07.2019 - Mandatory requirement of individual assessment for EU citizens waiting for deportation
The Court of Appeal in the case of R (Lauzikas) v Secretary of State for the Home Department [2019] EWCA Civ 1168 ruled out that the Home Office can not detain an EU citizen who is awaiting deportation from the UK without first assessing whether doing so is a “proportionate and necessary” measure in accordance with EU Law. Any decision to detain the person cannot be justified only by his/her previous charges. On the contrary, Home Office should conduct individual assessment of the situation before or immediately after the detention of an EU citizen.
04.07.2019 - Sopra Steria no longer provides immigration consultation services
The outsourcing company Sopra Steria, which is responsible for processing visa applications filed in the UK, has stopped offering immigration counselling to its applicants after numerous complaints from solicitors.
The UK Visa and Citizenship Application Services, acting on behalf of the Home office through French company Sopra Steria, advertised legal assistance to visa applicants for a separate fee. They recommended a company, World Migration Services, which is owned by BLS International. It is worth to mention that BLS itself handles the processing of visas applications as a subcontractor o...
26.06.2019 - UK border control for short-term students
Home Office published updated Guidance for institutions with non-visa national students, which states that students for short-term courses (up to 6 months) from non-visa countries should not use electronic gates (E-Gates) while passing through passport control at the UK border, unless they have separately obtained entry clearance. This applies primarily to citizens from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the United States of America, who can since recently pass through passport control in a simplified way without seeing a border officer.
In accordance with Part 3...
23.06.2019 - Upper Tribunal has the right to cancel the decision on permission for judicial review of the immigration case
The Court of Appeal confirmed that the Upper Tribunal has the same powers as the High Court and can overturn the decision to grant permission for judicial review. In case of R (Singh) v EWCA Civ 1014, Secretary of State for the Home Department [2019], the Upper Tribunal cancelled the previously granted permission for judicial review of the case, because the Home office was unable to attend the hearing due to a misunderstanding of the parties.
The Court of Justice of the European Union in the case of Banger (EEA: EFM - Right of Appeal) [2019] UKUT 194 (IAC) ruled out that extended family members of EU citizens have the right to file visa applications under "Surinder Singh" route. The court also confirmed that such applicants can either lodge appeal against the decision of Home Office or start judicial review.
On 19 June 2019, The Supreme Court dismissed the Home Office’s appeal in the case of Gubeladze [2019] UKSC 31. This decision affects the interests of a large number of EU citizens from the so-called “A8” countries, who joined the European Union in 2004. These include the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia.
When new countries join the EU, self-employed workers from these countries have direct access to the labour market in other member-countries. However, the same does not apply to employed workers or employees. By law, existing EU members may imp...
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