Legal Gateway Solicitors Blog

Home Office policy for return of application fees for certificates of approval

22-07-11 Posted In: Immigration

The UK Border Agency suspended the fee for applications to obtain a Certificate of Approval, a document that is required by many migrants who are subject to immigration control and who want to get married or register a civil partnership in the United Kingdom.

All persons who applied for a Certificate of approval between 1 February 2005 and 8 April 2009 may now be eligible to have the fee returned if they can demonstrate that payment of the fee caused real financial hardship.

Contact us now to find our more about the eligibility criteria and how you can request a return of your fee.

Legacy Cases

15-05-11 Posted In: Immigration

In July 2006, the then Home Secretary announced that there was an asylum “legacy” of around 450,000 cases and the Home Office would clear this legacy within five years.  To deal with these legacy cases, the Home Office has established the Case Resolution Directorate.

A legacy case is any case where all of the following apply:-

• There has been a claim for asylum
• The Home Office records indicate that the case has not been concluded
• The case is not being dealt with by the New Asylum Model (NAM)

A claim for asylum will include a claim for humanitarian protection and/or discretionary leave, whether or not a claim for asylum under the Refugee Convention was made.

The Home Office has not provided comprehensive or clear information regarding legacy cases.  However, in experience, it appears that legacy cases will include all:

• Cases where the asylum claim remains outstanding;
• Cases where there is an outstanding appeal;
• Cases where asylum has been refused and any appeal dismissed, but the individual remains in the UK;
• Cases where a fresh claim for asylum has been made;
• Cases where the individual has been granted some form of leave to enter or remain, but this is limited and may need to be renewed;
• Cases where the individual has been granted five years refugee leave or humanitarian protection and may apply for indefinite leave to remain at the end of that period;
• Cases where the individual has left the UK but the Home Office records have not been up-dated

The Home Office will consider a legacy case concluded when the individual has left the UK or been granted leave to remain in the UK.

In the event that you have an existing legacy case with the Home Office, we are able to assist you in bringing this to the attention of the Home Office to ensure that your application is processed correctly and legitimately.

It is important to be aware that the fact that a Home Office has selected a case as a legacy case does not indicate that their claim will be successful.  The legacy procedure is not an amnesty exercise for granting indefinite leave to remain to people in order to clear the Home Office backlog.  Leave will only be granted in individual circumstances where merited.

Plans for new Citizenship Test Published

28-04-11 Posted In: Immigration

The Borders Citizenship and Immigration Bill unveiled in January 2009 overhauls decades of the old system of nationality based on time spent in the United Kingdom.

In its place are a series of hurdles and tests.  Prospective British citizens would need to have lived and worked in the UK for at least five years and then spend at least one “probationary” year proving their worth.

This proof will include an ability to speak English, a record of paying taxes and involvement in the community e.g. volunteering.

The probationary period will lengthen to up to five years if foreign nationals applying to become British commit minor crimes or fail the test in other ways.

Foreign nationals subject to the probationary period will e denied a number of benefits until they pass the final British citizenship tests.  They will also be asked to pay into a special fund to ease public service pressures blamed on fluctuations in immigration.

This bill is presently being debated in Parliament.  If the proposals are passed they may become law by late 2009.  It is important therefore if you are eligible to submit an application at the earliest opportunity

Employers Beware of Changes to the Immigration Law

11-03-11 Posted In: Immigration

There are important changes in the law which came into force on the 29th February 2008 which affect you.

You must check all prospective employees’ entitlement to work in the UK, or you risk breaking the law.  The checks that should be, or have been undertaken depend on when the employee is, or was, recruited.

As from the 29th February 2008, you may be liable to pay a civil penalty if you employ someone who is :-

• Subject to immigration control;
• Aged over 16; and
• Not entitled to undertake the work in question.

A civil penalty can be imposed and served by a UK Border Agency official on behalf of the Secretary of State, and can be up to £10,000 per illegal worker.

It is imperative that all employers make relevant checks and copy required documentation before taking on an employee.  If a person has a time limit on their stay, repeat checks must be conducted on their documentation annually.

We at LGS can advise you :-

1. as to the checks to be made and documentation to be copied;
2. whether your prospective employee is eligible to work;
3. as to how to regularise and obtain permission for your prospective employee to be employed by you.

Concession on General Grounds for Refusal

08-03-11 Posted In: Immigration

On 1st April 2008, the Immigration Rules changed.  From that date, the Rules have included mandatory bans on returning to the UK for people who have breached UK immigration law in certain ways.

Since the changes were first published, the Government has made important concessions. 

Time Limited Exemption from Re-entry Bands

In order to encourage those in the UK at that time in breach of Immigration Law to leave the United Kingdom voluntarily, the then Minister of State confirmed that anyone who was in the UK on 17th March 2008 and left the UK voluntarily before 1st October 2008 would not face a mandatory re-entry ban.

Joining Family Who Are Settled in the UK

On 13th May 2008, it was announced that anyone who is applying under the Rules to join a family member who is settled in the UK will not face a mandatory refusal because of a re-entry ban.  This covers:-

• Those applying to joint a spouse, civil partner, unmarried or same sex partner;
• Fiancees or proposed civil partners;
• Parents, grandparents or other dependent relatives;
• Those seeking to exercise rights of access to a child;

Children

Nobody will face a re-entry ban because of breaches of immigration law that he or she committed whilst under the age of 18.

Victims of Trafficking

Nobody will face a re-entry ban by virtue of breaching immigration law in the event that they can establish that they are a victim of trafficking.

People Granted Leave to Enter or Remain in the UK

It has been confirmed with anyone who is granted leave to enter or remain in the UK, will not face a re-entry bank for any breach of immigration law before they were granted leave to enter or remain in the UK, provided that the leave was granted in knowledge of the breach.

General Considerations

Just because a person is exempt from the new re-entry bans, does not mean that he or she will be guaranteed a right to return to the UK.

Even if someone is exempted from a re-entry ban because of a concession, he or she may be refused an application to return to the UK if:-

• He or she does not satisfy other requirements of the Immigration Rules;
• If he or she has “contrived in a significant way to frustrate those Rules”

Human Rights

Even where a re-entry ban applies that would prevent someone from returning to the UK, this does not prevent that person from making an application to come to the UK on the basis that refusing their application would breach their human rights.

It is imperative that persons who have breached immigration law during the course of their stay in the United Kingdom obtain legal advice prior to submitting any further applications to enter or remain in the UK.