by Glotee Legal LimitedHuge increase to immigration fees announced
On the 13th of July 2023, the UK Government announced that the Immigration (IHS) will increase from £624 to £1035 per person per year for most main applicants. What does this mean in real time.
An adult applying for an extension for 30 months visa will budget to pay a total of £2587.5 for their HIS fee only; in addition, the UKVI fee of £1033, making a total of £3620.5.
During debate at the house of Commons debate on public sector pay, the chief secretary to the Treasury said;
“We plan to increase the rates of the immigration health surcharge, which have been frozen for the past three years, despite high inflation and wider pressures facing the economy and the system in general, to ensure that it covers the full healthcare costs of those who pay it. Under our plans, the main rate will increase to £1,035, and the discounted rate for students and under-18s will increase to £776. That increase to the surcharge will help to fund the pay rise for doctors.”
This increase will apply to all category save the following;
- Applying for visa for 6 months or less (entry clearance)
- For skilled worker – Health and Care worker and their dependent
- EUSS – EU Settlement Scheme
- Nationality – Naturalization, indefinite leave to remain
- Dependant of UK armed forces
- Victims of modern slavery
- Domestic violence Asylum seekers
- British overseas Territory
- Frontier worker permit and have an S1 certificate.
If you are eligible for a fee waiver when making your application, your immigration Health Surcharge fee will also be waived, subject to fulfilling the high threshold to prove that they can afford their application.
by Glotee Legal Limited“Court cast doubt on British citizenship of EU citizens”
In the recent case of R (on the Application of Roehrig) v Secretary of State for Home Department (2023) WLR (D)38. The High court has cast doubt on the British Citizenship of children born before 02 October 2000 to EU citizens in the UK. Basically, if the Mr Roehrig’s mother a French national was settled at the time of his birth, he is British citizen; but if not, then he is not a British citizen. The court’s position was that Mr Roehrig’s mother was not settled, hence he is not British citizen…..
https://www.iclr.co.uk/document/2023000461/casereport_dfee45cd-e01b-48d1-b641-574eaafc9eff/html
by Glotee Legal LimitedFee waiver introduced for children applying for British citizenship
The Home Office has introduced a fee exemption and fee waiver for children under 18 who are eligible to register for British citizenship. Currently, children eligible to register for British citizenship have to pay a £1,012 fee. This includes children within families who have no recourse to public funds as well as children who are looked after by a local authority.
From 16 June 2022, the following will be available:
- A fee waiver for children applying to register as British citizens if they and their parents or guardians can show they cannot afford the fee
- A fee exemption for children who are looked after by a local authority
- A fee exemption for children applying to register as British citizens who are outside the UK and in a similar situation to being looked after by a local authority
- A related exemption from the fees payable for a citizenship ceremony or administration of a citizenship oath and pledge
https://www.legislation.gov.uk/uksi/2022/581/pdfs/uksiem_20220581_en.pdf
by Glotee Legal LimitedChanges to the 7 years continuous residence by a Child route
On 15 March 2022, the Home Office published a 205-page Statement of Changes in Immigration Rules. Amongst the various changes introduced was the insertion of a new Appendix Private Life. This will take effect on 20 June 2022 and will apply to all applications made on or after that date, replacing paragraphs 276ADE to 276DH. Applications made before 20 June 2022 will be considered under the Rules in force on 19 June 2022, even if they are decided after that date.
Effect of the change:
The Paragraph 276ADE (1) of the Immigration Rules, will be replaced has been replaced by a new Appendix Private Life, meaning
- A child born in the UK and lived continuously for 7 years will now be able to apply for settlement immediately, instead of limited leave to remain.
- A child born in the UK has lived in the UK for less than 7 years maybe added as a dependent to a person on private life route in certain circumstances to allow regularise their status.
- Children born outside the UK but has lived in the UK continuously for 7 years will be able to apply for settlement after 5 years rather than 10 years as it was before 20 June 2022.
British citizenship
Children: regardless of whether born inside or outside the UK will be able to apply to register as British citizens after 12 months of obtaining their settlement status.
by Glotee Legal LimitedRight to Work check changes from 6 April 2022
From 6 April 2022 employers will no longer be able to carry out manual right to work check on employees who hold BRP biometrics card holder.
The Employer must carry out such checks online using a specific gov.uk portal. All check, if the employers is to establish any statutory defence for suggested impending breach. Therefore, Employers must update their right to work policy and checklists in compliance with the changes.
In addition, the biometrics residence cards, biometrics residence permits and frontier workers permits will be removed from the list of acceptable documents to be used for manual check for right to work.
The Home Office also announced that Identification Document Validation Technology (IDVT) will be in use and the Employer will be able to use this means to carry put digital identity checks on employees in the future particularly from 6 Aril 2022.
The IDVT technology will provided by certified provider and their list will be made public by Home Office. This device IDVT can be used to upload image of the identity document or read the biometrics chip within the relevant document. The records that the IDVT will display includes individual’s name, date of birth, contact details, employment provisions (if applicable) identity documents details and photograph.
by Glotee Legal LimitedCourt of Appeal game-changer for validity and continuous residence.
The recent case law of R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 which finds: that whilst “book-ended” overstaying does not break continuous residence, neither can that period be counted towards the five or ten year qualifying period; that paragraph 39E applies not just to application refusals but also notices of invalidity, regardless of whether section 3C leave is in play; Confirms that in most cases, invalidity (and by extension validity) occurs automatically by operation of law, regardless of whether the Home Office issues a notice of invalidity and it also extends the Mirza exception to retrospective invalidity beyond biometrics.
by Glotee Legal LimitedAfghan citizen resettlement scheme
The secretary of state has announced that Afghan citizens’ resettlement scheme will aim to allow 5,000 Afghans to settle in the UK, with the long term goal of a total of 20,000. With particular focus on women and children, other religious and minorities in greater danger of persecution from Taliban. However for the Afghan workers and interpreters: the Afghan relocations and assistance policy (ARAP) scheme was launched on 1 April 2021. It was designed to resettle interpreters and other people who worked for the UK in Afghanistan. The statistic by the Home office is that 2000 Afghan staff and their families in the UK, although the target is 5,000 by the end of this year under this scheme.
by Glotee Legal LimitedRevocation of indefinite leave to remain.
The secretary of state is able to revoke indefinite leave to remain under section 76 of Immigration Act 2002. In the following instances,
Liable to deportation – section 76(1) revocation
Where a person is liable to deportation but cannot be deported for legal reasons, the
Secretary of State can decide to revoke indefinite leave under section 76(1) of the
2002 Act.
A legal reason normally means that a person’s deportation would breach the UK’s
obligations under the Refugee Convention or the European Convention on Human
Rights (ECHR).
Deception – section 76(2) revocation
Indefinite leave obtained through the use of deception, including by a third party,
may be revoked under section 76(2) of the 2002 Act. The deception must be material
to the grant of leave.
A person who obtains, or seeks to obtain, leave to enter or remain by deception is
guilty of an offence under section 24A of the Immigration Act 1971 (1971 Act).
Where a person has been convicted under section 24A of having obtained leave by
deception, it will have been proven to the criminal standard (beyond reasonable
doubt) and therefore the Secretary of State will have good reason to conclude that
the evidentiary requirement in respect of revoking leave (balance of probabilities).
If you require further assistance do get in touch with us.
by Glotee Legal LimitedLack of legal advice for immigration detainees held in prison has ruled discriminatory.
A decision from the High court rules such act to be discriminatory against immigration detainees held in prisons, see detail facts of the case in the link below.
https://www.bailii.org/ew/cases/EWHC/Admin/2021/418.html
by Glotee Legal Limited£1000 fees for British Citizen Children declared unlawful by the Court of Appeal.
The court of Appeal upheld the landmark ruling which was decision was initially made at the High court. Currently the Home office charges £1012 for a child to register as British Citizens. However the process cost about a third of the fee charged {at £372}, the Home office says the profit is used to fund other areas of work. https://www.bailii.org/ew/cases/EWCA/Civ/2021/193.html.