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...

15-05-19 – Change of the Home Office policy regarding Zambrano carers

On 2 May 2019, the Home Office published an updated guide for “Derivative rights of residence” category, which includes information about the rights of primary carers of EEA nationals in the UK under the Immigration (European Economic Area) Regulations 2016 (the 2016 regulations). The 63-page document comes with an unexpected twist for the Zambrano cases. Zambrano principle applies to persons from a country outside the European Union, who provide care for a British citizen (child or dependent adult) in the UK. His/her presence in the country is mandatory to allow the child or the adult dependa...

25-04-19 – EU citizens can retain worker status for six months after several weeks of casual work

The Court of Justice of the European Union has decided that EU nationals can retain their status as workers for six months, even if they have only worked for two weeks in any EU country. Such a decision was reached in the Case C‑483/17 in “Tarola v Minister for Social Protection” which was about a Romanian national residing in Ireland. The Irish courts made a preliminary request to the Court of Justice asking for guidance on whether two weeks of work on a casual rather than fixed term contract was enough to entitle the person to a worker status during the six months of involuntary unemployment...

18-04-19 – Tightening the Home Office policy on good character requirement during naturalisation

In January 2019, the Home Office published new 53-page guide “Good character requirement”, which describes when an applicant is considered a person of a good character. For the first time the Home Office states that people who have overstayed at any point over the last ten years will be refused in naturalisation applications with only one exception – when overstaying is the only negative factor affecting the good character of the applicant, and one of the following conditions are met: ∙ the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expi...

17-04-19 – The Home Office ILR refusals for Tier 1 (General) applicants under paragraph 322 (5) of the Immigration Rules have been recognised as “legally flawed”

Following our recent article on the rise in the number of ILR refusals of highly skilled migrants, including the Tier 1 (General) category, we now bring further update after the Balajigari ruling. In some of the cases in question, the Home Office refers to the paragraph 322 (5) of the Immigration Rules, designed to tackle criminals and those who pose a threat to national security. According to the latest data, around 1,000 migrants under Tier 1 category could not obtain ILR status, because they made amendments to their tax returns, which the Home Office interpreted as a violation of law. Visa...

15-04-19 – Government plans to ban no-fault evictions of tenants whose short-term rent agreements have finished

In line with the new government proposal, private landlords in England will no longer be able to evict tenants without a good reason after their short-term rent agreements expire. First Minister Mark Drakeford also announced similar plans for Wales, while in Scotland, legislation introduced in 2017, requires homeowners to have legal reason for the termination of the lease. There are no plans to change the current system in Northern Ireland, where the tenants can be evicted without a reason if the rent agreement has expired. The government claims that by introducing changes to the system it wan...

11-04-19 – New Brexit date has been agreed

The leaders of the European Union granted Britain a six-month Brexit extension. New date of Brexit is 31 October 2019. British Prime Minister Theresa May insisted on a shorter extension and assured residents of the United Kingdom that in any case the government would seek to leave the EU as soon as possible. What exactly was agreed during the negotiations in Brussels? • The UK can leave the EU at any time, but no later than 31 October 2019; • The UK must participate in the European Parliament election. If this does not happen, the country will leave the EU without a deal on 1 June 2019; • The...