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Feb 26, 2020 - Adult step-children of EU citizens don’t qualify for family member residence cards

Ronnie Latayan came to the UK from the Philippines on a visit visa in 2004 and has been here ever since, through multiple unsuccessful applications for further leave to remain. Now 46, Ms Latayan lives with her mother, a naturalised British citizen with an Irish partner.

In Latayan v Secretary of State for the Home Department [2020] EWCA Civ 191, the Court of Appeal heard Ms Latayan’s appeal against her latest Home Office refusal. She had applied for an EEA residence card, arguing that she was a dependent of her mother’s partner. Ms Latayan described him as her “stepfather” and said that he se...

Feb 20, 2020 - CLOSURE OF TIER 1 (EXCEPTIONAL TALENT)

As it is known now, Tier 1 (Exceptional Talent) was replaced by the Global Talent category on 20 February 2020. 

However, a number of transitional arrangements apply to applicants who are affected by this change, such as the following: 

  • Applicants who hold a valid Tier 1 (Exceptional Talent) endorsement (Stage 1) but have not yet applied for entry clearance or leave to remain in line (Stage 2), can use this endorsement to apply for Global Talent.  The initial requirements mirror those previously applied to Tier 1 (Exceptional Talent) applicants. 
  • Applicants who currently hold Tier 1 (...

Feb 19, 2020 - Government abandons “Australia-style” immigration system

Today, the government has released a few more details of what it calls a “points based system” for immigration to the UK after Brexit.

Absent from the government press release and accompanying policy statement is any description of this system as “Australia-style”, previously a staple of government rhetoric. That is at least accurate: the Australian or Canadian version of a points based system allows economic migrants to settle in those countries permanently without employer sponsorship if they have various blends of abilities and qualifications. These proposals go nowhere like that far: they ...

Feb 17, 2020 - Coronavirus: immigration guidance if you're unable to return to China from the UK

Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom. The Home Office understands that in many cases this is because of circumstances outside of your control.

Subject to the below guidance, most people in the UK whose immigration status is affected by the coronavirus outbreak will get an automatic extension of their visa until 31 March 2020.

Read the guidance below to find out if your visa will be automatically extended or if you need to contact the Home Office’

Feb 13, 2020 - Surinder Singh route still requires genuine residence abroad

The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there.

In Kaur & Ors v Secretary of State for the Home Department [2020] EWCA Civ 98 it rejected the argument that, as a result of the Court of Justice decision in C-202/13 McCarthy No.2, anyone with a residence card from another member state is entitled to have their family come and live with them in the United Kingdom.

The facts of this case are not attractive. Mr Singh and Mrs Kaur ...

Feb 06, 2020 - Somaliland marriages are valid

The case of MM v NA (Declaration as to Marital Status) [2020] is very niche, but may be of interest to practitioners with clients who got married in Somaliland (or in other non-recognised countries) and wish to rely on that marriage for immigration purposes.

Immigration lawyers must think about a marriage’s validity whenever they are making a visa application on the basis of a relationship. Although more often than not the answer is straightforward, there are some tricky cases. Examples we have seen include whether a marriage is valid if it was entered into relying on a fake identity, or wheth...

Feb 02, 2020 - New EU visa rules

New EU rules on short-stay visas apply worldwide from 2 February 2020. They make it easier for legitimate travellers to apply for a visa to come to Europe, facilitating tourism, trade and business, while providing more resources for countering irregular migration risks and threats to internal security.

Which non-EU countries do the new rules apply to?

The changes apply to travellers from all countries which need visas to travel to the EU. Currently, citizens from 105 non-EU countries or entities are required to have a visa. Nothing changes for countries benefitting from visa-free travel to th...

Jan 31, 2020 - How things will look like in the United Kingdom from 31 January 2020 because of Brexit

What has changed

 

1. The UK's passports have changed colour

Blue passports have made a return, more than 30 years after they were replaced by the current burgundy design.

Announcing the change in 2017, then Immigration Minister, Brandon Lewis, praised the return to the "iconic" blue-and-gold design, first used in 1921.

The new colour will be phased in over a number of months, with all new passports issued in blue by the middle of the 2020 year.

Nevertheless, existing burgundy passports will continue to be valid.

 

2. Brexit coins

About three million commemorative 50p Brexit coins bearing the ...

Jan 31, 2020 - Free movement continues past Brexit day, but only until the end of the year

From 11pm today, the United Kingdom will no longer be a member of the European Union. This momentous event has both geopolitical and psychological ramifications, but for now some narrow legal points on what it means in practice.

The transition period during which free movement continues can be extended until either 31 December 2021 or 31 December 2022, but this must be agreed by 1 July 2020. The UK legislation that implements the divorce deal says that British ministers cannot agree to an extension, although that section could be repealed if the government changed its mind.

People who move to ...

Jan 31, 2020 - Coronavirus

As was reported today by the Immigration Law Practitioners' Association (ILPA), due to the actively spreading Coronavirus, the Home Office are preparing some short-term interim guidance on the implications for immigration of the Coronavirus outbreak.  The aim is to issue the guidance by the end of next week (to be issued by 07 February 2020). 

Therefore, the Home Office have advised that Chinese nationals whose leave to remain in the UK is expiring today (on 31 January 2020) and cannot return to China because of the Coronavirus, do not need to take any action and should wait inside the UK for ...

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