EEA family members
Metock v Ireland ECJ, Case C-127/08
The European Court of Justice (ECJ) handed down its judgement in Metock v Ireland. It held that the citizen’s Directive 2004/38 confers on all nationals of non-member countries who are family members of a Union citizen within the meeting Article 2(2) of the Directive rights of entry into, and residence in, the Member State to which that Union citizen has moved. Regardless of whether the family member had already been lawfully resident in another Member State. It is envisages that UK will amend interpret the rules in the same manner.
The Right to Marry
R (Baiai) v SSHD (2008) UKHL 53 – certificate of approval
On the 30 July 2008 the House of Lords broadly agreed with the Court of Appeal, although it set aside the Declaration of incompatibility with the European Convention on Human Rights (ECHR) except on the point of discrimination (the different treatment of marriages solemnised in the Anglican church is discriminatory.) Rather than find the whole scheme incompatible, the House of Lords read the law as being that permission to marry should not be withheld if the marriage was not one of convenience and that conditions(such as a fee) should not unreasonably inhibit the exercise of the right to marry. Respect for the (absolute) right to marry under Article 12 of the ECHR, requires that permission cannot be withheld because of a person’s immigration status, which is not relevant to the genuine nature of a marriage. |
Overstayers /Illegal Entrants - Please read carefully ( if you are affected by the below please contact us to discuss this further)
The Home Office has stated that the below rules will not apply to those who return Home before the 1st October.
We are pleased to announce that the below will apply to those who have breached prior to reaching the age of 18 or to those who are joining their family in the UK ( spouses, unmarried partners or same sex partners, fiancés , proposed partners, parents, grandparents or other dependent relatives, a person exercising a right to have contact with a child in the UK or a spouse and for the same partners as outline above of refugees and those with humanitarian protection.) this applies to you please contact us for urgent advice to protect your position.
The Home Office will be amending the immigration rules re how entry clearance application should be treated where the applicant has previously breached the UK's immigration laws by:
- Overstaying while in the UK;
- Entering the UK illegally;
- Using deception (e.g. submitting false documents) in an immigration application; or
- Breaching his or her conditions of stay while in the UK (e.g. working illegally)
The new immigration rules replace this by setting out a clear period during which a previous immigration offender will have any future applications to come here refused.
Applicants who have been refused entry clearance after having used deception in their applications will have any future applications they make refused for ten years. Other immigration offenders (other than those who overstayed for 28 or fewer days and left at their own expense) will be refused for the following periods:
- One year if, following their breach, they left the UK voluntarily at their own expense;
- Five years if, following their breach, they left the UK voluntarily at public expense; and
- Ten years if they were removed or deported from the UK following their breach.
Please click on here to read more.www.bia.homeoffice.gov.uk/
| New rules - change of employer ( work permit holders) |
You do not need to provide evidence of a recruitment search provided , when the Home Office receive your application either before the person leaves their current employment or within 28 days of the persons last day of work with their previous employer. They must be doing the same sort of work and you must wait for our permission before they can start working for you.
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| New points based system begins |
06 February 2008
Details of Britain's new Australian-style points based immigration system (PBS) were announced today as the Government published the rules for highly skilled foreign workers applying to come to the UK.
The regulations will start coming into force on 29 February when any highly skilled foreign nationals currently working in Britain who want to extend their stay will need to apply under the new system. In April, the new system will begin to be rolled out overseas when anyone from India who wants to work in the UK as a highly skilled migrant will need to apply under PBS. By the summer the new highly skilled system will operate worldwide.
Speaking from Delhi during a visit to discuss how PBS will work with the Indian Government, Borders and Immigration Minister Liam Byrne said:
"Our points system is starting on time and on plan. I've no problem with taking the best systems in the world, like Australia's points system, and bringing them to the UK. This is a key part of the huge shake-up to our border security this year."
"The points system means only those migrants Britain needs can come to the UK. We know that migrants contributed to our economy to the tune of £6 billion to GDP in 2006. A strong system for highly skilled migrants is vital to Britain winning these benefits because these migrants are well-educated and pay lots of tax."
"We want India to come first because India is Britain's most important market for highly skilled migrants."
The Highly Skilled tier 1 will build upon the success of the Highly Skilled Migrant Programme by continuing to attract the most talented people with the skills the UK needs to remain a global leader in the fields of finance, business, and technological innovation.
The announcement follows the completion in January of the Border and Immigration Agency's global rollout of fingerprinting for all visas three months early. Now every person in the world coming to the UK on a visa has their fingerprints taken and their details checked against watch-lists - if they're on the list for the wrong reason they can't come in and could be banned from applying to come again for up to 10 years. |
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| Changes to student rules - academic technology approval scheme (ATAS) |
13 November 2007
From 30 November 2007 the academic technology approval scheme (ATAS) will become a mandatory requirement from the 30th November 2007
The ATAS will also apply to you if you are enrolled on an overseas course which is similar in subject matter to those covered by the ATAS and you intend to come to the UK for more than 6 months in order to undertake a period of study/research, which forms part of your postgraduate overseas course.
Failure to provide a valid clearance certificate will result in your application being refused.
You should apply online for a clearance certificate to the Foreign and Commonwealth Office’s Counter Proliferation Department where you will also find a list of the designated subjects and further details of the scheme. |
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| New Central London Office Opens |
We have an office at Goodge Place, off Goodge Street. This office has an appointment only system. Please note that there is a cancellation fee if you fail to keep an appointment at this office. We also have an office in Walthamstow at 13C Hoe Street. You need to book an appointment for this office by calling 0208 520 5170. |
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| Work Permit UK has introduced a 5 tier immigration system |
How prepared are you? The new scheme will come into operation in the early part of 2008. |
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| I N D Immigration & Nationality Directorate |
Permission to marry applications
Following a recent court case the Home Office has announced that permission will be granted to those wishing to get married in the UK regardless of the time limit remaining on their visa, provided that the individuals are lawfully resident in the UK. We applaud this news. To read more click here..... |
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