Legal Gateway Solicitors Blog

Tough new points system announced for earning British citizenship

12-10-11 Posted In: Immigration

The UK Border Agency has now announced further details as to the new Points Based Test System to be introduced for citizenship.  Migrants will be awarded points for building up different attributes and skills.  Proposals being launched in a new consultation would see people rewarded for economic contributions, skills and English language proficiency above the level already expected.  Points could be removed and citizenship withheld or delayed for those breaking the law or committing anti-social behaviour.

A key principal of this earned citizenship system is to build community cohesion through encouraging community involvement through “active citizenship”.  The Government wants to support integration by encouraging community activities.  Therefore a migrant’s journey to citizenship will be sped up if they conduct voluntary or civic work.  As part of a new 12-week consultation, the Government is working closely with Local Authorities to ensure any voluntary or community work being undertaken by Applicants is checked and verified.

Under the current system those wanting citizenship have to pass a Life in the UK Test to demonstrate both their knowledge of the country and their ability to speak English.  The Government is proposing tightening this even further with a new two stage system.  This will focus on practical information about Life in the UK at probationary citizenship stage, and then a further test at the final stage with more challenging topics including history and politics.

It is envisaged that the new Rules for citizenship will come into force around the end of 2009.  In the event that you are eligible to apply for citizenship at this juncture, you are strongly urged to seek legal advice now, prior to the proposed tightening of the Rules in this regard.

Call now for a free consultation at our offices.

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.