The Home Office has announced that the abuse at Brook House IRC in 2017 was unacceptable.

 

In 2019, an inquiry was started into Brook House Detention Centre (Brook House Immigration Removal Centre) in relation to the treatment of detainees in 2017.

 

The Brook House Inquiry identified 19 instances of mistreatment contrary to Article 3 of the European Convention on Human Rights, and the chair Kate Eves, has made 33 recommendations for a more humane, compassionate and professional environment if implemented by the government, as outlined in the BHI Report.

 

The Home Office has today confirmed that the abuse was unacceptable. They have stated they made a number of improvements via reforms, including:

• Improved and rigorous training for all IRC staff on the use of force, with regular monitoring and reviews on staff and providers’ training
• Introducing the Home Office Detention Gatekeeper to independently assess the suitability of those referred for detention
• Case Progression Panels to consider whether continuing detention is appropriate, including independent panel members
• More Home Office staff in IRCs, and a higher ratio of provider staff to detained individuals
• Putting an immediate stop to three people occupying rooms designed for two
• Reinforcing the use of whistleblowing mechanisms
• Rigorous oversight of our contractors ensuring any complaints, incidents or use of force are properly investigated by senior managers
• Improved training and support for staff working with vulnerable people

 

The full Home Office statement following the publication of the Brook House Inquiry report can be found here.

 

This article will also be followed by a series of further articles on the Brook House Inquiry report. Stay tuned for further updates.

 

More questions? Get in touch NOW!

 

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UK’s immigration and nationality fees (UK visa fees) are set to increase from 4th October 2023. The Home Office confirmed today (15th September) that they will be increasing fees for the majority of immigration applications starting on 4th October 2023.

 

The fee rises were originally announced in July this year, and today, legislation is being laid in Parliament. “Income from fees charged plays a vital role in the Home Office’s ability to run a sustainable immigration and nationality system.” – the UK government has stated.

 

The average increase is 15%, and we have highlighted some of the increases below:

 

Visitor Visa fee (short up to 6 months): Increasing from £100 to £115

Visitor Visa fee (long up to 2 years): Increasing from £376 to £400

Student Visa fee (outside the UK): Increasing from £363 to £490

Skilled Worker Visa fee (in-country application, 3 years or less): Increasing from £719 to £827

Skilled Worker Visa fee (in-country application, over 3 years): Increasing from £1,423 to £1,500

Indefinite Leave to Remain (ILR) fee: Increasing from £2,404 to £2,885

Naturalisation (British Citizenship) fee: Increasing from £1,250 to £1,500

Nationality Registration (British Citizenship) fee: Increasing from £1,126 to £1,351

 

You can find the full list of the new fees here.

 

The anticipated increase in the Immigration Health Surcharge fee is scheduled to be introduced in Autumn and will not take effect on 4th October 2023.

 

 

More questions? Get in touch NOW!

 

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

 

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A skilled worker visa  allows international workers with the appropriate skills to work for an approved UK employer. It replaced the Tier 2 work visa at the end of 2020.

 

The skilled worker visa permits you to bring your spouse, partner and children with you and is granted for up to 5 years. Once you have held the skilled worker visa for 5 years, you can apply for settlement (Indefinite leave to remain), which means you will no longer have any restrictions living in the UK.

 

Interested in learning more about the skilled worker visa? Keep reading to see how you could qualify!

 

What are the requirements of the skilled worker visa?

 

To qualify for a Skilled Worker visa, you must:

 

• work or be offered a position by a UK employer that has been approved by the Home Office
• have a ‘certificate of sponsorship’ from your employer with information about the role you’ve been offered in the UK
• do a job that’s on the list of eligible occupations
• be paid a minimum salary – how much depends on the type of work you do

 

What are the minimum salary requirements? 

 

As of 4th April 2024, and for applications made after this date, the minimum salary for the type of work you’ll be doing is whichever is the highest out of the following 3 options:

 

• £38,700 per year
• the ‘going rate’ for the type of work you’ll be doing

 

This means that even if you are earning over £38,700, and the annual going rate for your job is £43,000, you will not meet the minimum salary requirements.

 

Despite this, those who work in healthcare or education have different salary rules. For these jobs you must at least have an annual salary of £23,200, or more based on your job’s going rate. Your employer must make sure your job pays at least the minimum wage and follows the rules for how many hours a week you can work. If your employer does not do this, your application will be refused.

 

 

Check if your job is eligible

 

To check if your is eligible, you need to know the 4-digit occupation code. If you already have a job offer, ask your employer for the code. If you do not know your code, you can search for your job on the government website. Here is the link – https://www.gov.uk/government/publications/skilled-worker-visa-eligible-occupations/skilled-worker-visa-eligible-occupations-and-codes

 

Approved UK employers

 

You must have a job offer from an approved UK employer before you apply for a Skilled Worker visa. Approved employers are also known as sponsors. You can view the list of approved UK employers on the government website. Here is the link – https://www.gov.uk/government/publications/register-of-licensed-sponsors-workers

 

Your employer – also known as your sponsor – will check that you meet the eligibility requirements. They will give you a ‘certificate of sponsorship’ to prove this.

 

The certificate of sponsorship is an electronic record, not a physical document. It will have a reference number, which you’ll need for your visa application.

 

You must apply for your visa within 3 months of getting your certificate of sponsorship.

 

Knowledge of English

 

 

You must prove you can read, write, speak and understand English to at least level B1 on the Common European Framework of Reference for Languages (CEFR) scale.

 

You can prove your knowledge of English by:

 

• passing a Secure English Language Test (SELT) from an approved provider
• having a GCSE, A level, Scottish National Qualification level 4 or 5, Scottish Higher or Advanced Higher in English, gained through study at a UK school that you began when you were under 18
• having a degree-level academic qualification that was taught in English – if you studied abroad, you’ll need to apply through Ecctis (formerly UK NARIC)for confirmation that your qualification is equivalent to a UK bachelor’s degree, master’s degree or PhD

 

You do not need to prove your knowledge of English if you are a national of the following countries:

 

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• the British overseas territories
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

 

Financial Requirement

 

When making the application, you must show that you can support yourself when you arrive in the UK – you’ll usually need to have at least £1,270 available in your bank account which has been held for at least 28 days.

 

Should you not have these funds, then your employer may be able to make a declaration that they will cover your costs.

 

Visa fees

 

When applying from outside of the UK, you will need to pay the following Home Office fees:

 

• Visa duration up to 3 years – £719.00
• Visa duration more than 3 years – £1,420.00
• Immigration Health Surcharge – £1,035 per year

 

When applying from inside of the UK, you will need to pay the following Home Office fees:

 

• Visa duration up to 3 years – £827.00
• Visa duration more than 3 years – £1,636.00
• Immigration Health Surcharge – £1035 per year

 

When applying for a role which is in the immigration salary list, you will need to the pay the following Home Office fees. This is the same whether applying from outside or inside the UK:

 

• Visa duration up to 3 years – £551.00
• Visa duration more than 3 years – £1084.00
• Immigration Health Surcharge – £1035 per year

 

Please note that the fees above will also be payable for each dependant.

 

If you are applying for a Skilled Worker Visa based on a role in the health and care sector, then you will eligible for substantive reduction on the above. Please contact us to find out more.

 

Skilled worker visa processing times

 

If you are applying from outside of the UK, applications usually take 3 weeks to be considered. If you are applying from within the UK, then applications can take up to 8 weeks to be considered.

 

Priority service is available where you can get a decision within 5 working days for £500.00. You can also receive a decision the next working day for an additional fee of £1000.00.

 

Article last updated on 12/08/2024. 

 

Interested in applying for a Skilled Worker Visa? Contact our immigration law team today!

 

Call us on 020 7928 0276, phone calls are operating as usual and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

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The Home Office has recently announced the introduction of a new priority service for BNO visa applicants. This means that British nationals (overseas) from Hong Kong and their families who are planning to move to the UK can pay £500 to have their application processed within 5 working days. As current timescales for the BNO visa are 12 weeks from when you submitted your application, this is a significant reduction.

 

The BNO visa originally opened in January 2021 and allows people from Hong Kong who are classified as British nationals to apply for one. It also offers a path to settlement in the UK.

 

Want to apply for a BNO visa? Contact us today.

 

So far, there have been a total of 172,500 applications and 113,500 people arrivals in the UK since the scheme began. However, there are many more people from Hong Kong who could be eligible, with figures indicating 5.4 million may qualify for a BNO visa.

 

The BNO visa presents a unique opportunity for Hongkongers who registered as a British national (overseas) before 1^st July 1997, when Hong Kong was handed over from the United Kingdom to the People’s Republic of China. You can also apply for a BNO visa if you are the child of a British national (overseas) who was born on or after 1^st July 1997.

 

Keep reading to learn more about the requirements of the BNO visa, as well as how to apply using both the normal route and the brand new BNO visa priority service.

 

 

Who can apply for a BNO Visa?

 

Firstly, to apply for a BNO visa you must be at least 18 years old and:

 

• A British national (overseas)
• The child of a British national (overseas) born on or after 1^st July 1997

 

Your family members can apply as your dependant if they are eligible, but must make their own application as your dependent. They must also apply at the same time as you unless they are your partner or a child under 18 years of age.

 

Your permanent home must be:

 

• in Hong Kong, if you are applying from outside the UK
• in the UK, Channel Islands, Isle of Man or Hong Kong if you’re applying in the UK

 

While there are no language requirements, if you later decide to settle after five years then you will be required to have a good knowledge of English.

 

Why should you choose the BNO visa?

 

 

A BNO visa allows you to both work and study in the UK. Compared with other visas, it has a number of perks:

 

• No minimum skill or salary requirements
• No sponsorship requirements
• Ability to work in any job with any employer
• Ability to study at any school, college or university without needing to ask for permission

 

What are the costs involved?

 

 

To apply, switch to, or extend a BNO visa you must pay both a visa application fee and a healthcare surcharge.

 

A visa application fee must be paid by you and each of your family members who are applying. The costs are:

• £180 for 2 years and 6 months (30 months)
• £250 for 5 years

 

The main cost when applying is for the healthcare surcharge, which will allow you to use the UK’s National Health Service (NHS).

 

The costs are as follows:

 

Adults

 

• £1,560 if you’re staying for 2 years and 6 months
• £3,120 if you’re staying for 5 years

 

Children (under 18)

 

• £1,175 if you’re staying for 2 years and 6 months
• £2,350 if you’re staying for 5 years

 

 

The healthcare surcharge is paid as part of your online visa application.

 

Please note, however, that there are a number of financial requirements involved. You will usually need to prove that you have enough money to support yourself and your family for six months in the UK. The exception to this is if you have been living in the UK for at least 12 months.

 

You can prove that you have enough money in a number of ways. This can include:

 

• bank or savings account statements
• payslips
• proof of income from self-employment
• proof of income from rental property
• a letter from friends or family with evidence (such as bank statements or payslips) that they have the money to support you and your family
• a letter confirming an offer of accommodation from friends or family
• a tenancy or mortgage agreement

 

It is important to note that proving an offer of work does not usually count as evidence unless you are transferring to a UK job with your current employer.

 

How long can you stay in the UK?

 

You are able to enter or stay in the UK for a 30 month period or a period of 5 years. If you apply for 30 months, then you are able to extend by a further 30 months. There is no limit on the number of times you can extend your BNO visa.

 

At the end of 5 years, you are able to apply for settlement if you meet the requirements. You are also able to apply for British citizenship 12 months after you achieve settlement.

 

 

How do I apply for a BNO visa?

 

For applying both inside and outside the UK, you will need a number of documents. You can find the full list of documents here.

 

Applying from outside the UK

 

Applying from outside the UK for a British National Overseas visa is a fairly simple process. There are two main ways of applying, either by using the UK Immigration: ID Check app or by going to an appointment at a visa application centre. Your visa will start on the day that it is approved.

 

If your application is successful then you must travel to the UK within 90 days if you went to a visa application centre. If you used the UK Immigration: ID Check app then you must travel to the UK before your visa expires.

 

You will receive your decision by letter or email which will inform you what you need to do next.

 

Switching to a BNO visa from inside the UK

 

When applying for the first time from inside the UK, you will need to apply online. Like applying from outside of the UK, you will either use the UK Immigration: ID Check app or go to an appointment and at a visa application centre.

 

Either way, you will be asked to provide your BNO, Hong Kong Special Administrative Region, or EEA passport. You will need to wait up to 12 weeks to process.

 

Unless of course, you apply for priority status.

 

Priority service

 

As of 14^th August, you can pay £500 (HK$4,971) to have your visa processed within five working days. This can be done through either attending an appointment at a UK Visa and Citizen Application Services (UKVCAS) centre or by using the UK Immigration: ID Check app.

 

While there is no limit on the number of people who can apply for a BNO visa, there is a limit on the number of people who can apply for priority service. You will find out if you can get a faster decision and what you need to do when you apply.

 

Our thoughts

 

We welcome the introduction of a priority service for the Hong Kong BNO visa. The BNO visa has already been very successful and is a win-win for both the UK and BNO applicants, with 113,500 arrivals so far. On the one hand, it gives millions of BNO passport holders in Hong Kong the opportunity to migrate and settle in the UK, and on the other it also provides the UK with skilled migrants who can help to fill the UK’s domestic labour shortage following Brexit.

 

The BNO visa scheme is expected to last until at least 2025, so there is plenty of time for applicants to apply. If you wish to apply for a BNO visa, feel free to contact us today. Our expert immigration team would be delighted to help you.

 

Have questions about this article? Get in touch today!

 

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

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We have recently been successful in the appeal of an application for our client to join his EU national partner under the EUSS (EU Settlement Scheme). There has been lots of coverage recently about this topic following a decision by the Court of Appeal in Celik vs Secretary of State for the Home Department which ruled that those who were living with an EU partner before Brexit must have held an EU permit to apply now under the EUSS scheme.

 

However, in this case, the partner had not come to the UK yet, so we managed to successfully argue that no residence permit was needed to show relationship. We are delighted to secure this result for our client and wish him and his partner well for the future.

 

Keep reading to learn more about this case.

 

What was the background of the case?

 

Our client first instructed us to apply for entry clearance under the EU Settlement Scheme to live together with his partner in the UK in 2022. The client commenced a relationship with his partner who is an EU national in 2016 and they lived together in Venezuela as students. The partner has been living in the UK with pre-settled status since 2019 but was then stuck in the UK until 2021 because of the travel restrictions during the pandemic.

 

In 2019, they approached a Venezuelan Notary public solicitor who compiled an agreement confirming their civil partnership. They then made an application; however, the Home Office refused the client’s application on the basis that the Home Office didn’t recognize the civil partnership and therefore was not satisfied that they had a durable relationship for over 2 years.

 

The couple were left with the option of applying for a spouse visa. A route which is within the immigration rules but is extremely expensive with Home Office and Immigration Health Surcharge fees.

 

They approached us to submit a spouse application. As they had been in a genuine relationship for over 6 years, we felt there was merits to submit another EUSS application as we were of the view that the Home Office failed to give their case sufficient consideration. We submitted a new application under the EUSS scheme.

 

What are the normal requirements for EU Settlement Scheme cases?

 

Usually, to succeed in application as a partner under the EU Settlement Scheme, the applicant must demonstrate the existence of a durable relationship. This requires the applicant and the partner to have lived together for a minimum of 2 years. Usually, you require a residence document. However, this does not apply to EU national partners who are yet to enter the UK.

 

What did we do for the client?

 

Unsurprisingly, the Home Office refused our application with the refusal letter almost identical to the first refusal the Client received a year prior.

 

We appealed the decision so that the case could be considered by a First-tier tribunal judge.

 

What happened in the appeal hearing?

 

Our arguments were based on two grounds. The first is that the civil partnership agreement was valid and the second was that they had clearly been in a durable relationship since 2016.

 

Civil partnership

 

Since the SSHD didn’t recognise the submitted civil partner document as they had not been registered with a Venezuelan equivalent of a UK registrar, we argued about the legality of what the Home Office was requesting. Such processes do not exist in Venezuela. The declaration of the client’s civil partnership was declared by applicant and sponsor, that two witnesses attested to the relationship before the special notary, and the documents were then placed before a registrar and certified. Even though it has not been presented and certified by a public official. We argue there was no greater length our client could go through to show that they are in a civil partnership.

 

Durable relationship since 2016

 

The Home Office argued that there was a lack of documentary evidence showing that they resided together since 2016. They expected utility bills etc. We provided a tenancy agreement, along with photographs of our client and his partner every year since 2016. We argued the ease of registering for utilities in the UK cannot be seen as the standard. Venezuelan housing typically has all bills included and the owner of the property usually pays for them. We argued that when looking at the evidence as a whole, it is clear that on the balance of probabilities our client was in a durable relationship. We also argued that a competent decision maker would arrive at that conclusion.

 

Conclusion

 

The Judge agreed with both of our arguments. He believed that there was a civil partnership and that they had been in a relationship since 2016. The judge gave the decision the same day, which is not a typical occurrence in tribunal hearings.

 

Our client and his partner are delighted. They came to us defeated with no option but to apply for a spouse visa which would have caused severe financial hardship to them. Together, we have been able to obtain EU Pre-Settlement status for our client.

 

This case shows the importance of not giving up following an immigration refusal. If you believe that the refusal was wrong, then this should be fought as you can see from this case.

 

Have questions about this article? Get in touch today!

 

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!

 

If you hold a visa, and you have worked at least 16 hours per week in the health and care sector for a period of 6 months, you are entitled to an Immigration Health Surcharge refund.

 

If you have any dependents, then you would be entitled to a refund of their IHS fees too. An IHS currently costs £624 per adult per year, while the cost for a child or student is £470. The government recently announced an increase to the IHS, however it hasn’t been announced then this will come into effect.  You can learn more about the fee increases here.

 

How do I meet the requirements?

 

You will meet the requirements if you:

 

1. Hold a visa that entitles you to work (skilled worker, student, dependent, spouse, etc)

2. You have worked an average of 16 hours per week for a full 6 months in the health and care sector.

3. You have worked continuously for at least 6 months on or after 31^st March 2020.

4. Are employed by an employer who is a recognised health or care provider.

 

What documents do I need to provide?

 

The documents you will need to provide include the following:

 

1. National Insurance Number

2. Immigration Health Surcharge number

3. Employers’ details

4. Payslips

 

So, if you are here in the UK on a spouse visa or student visa and have been working part time in the health and care sector, you will be entitled to a refund.

 

Refunds will be given reflecting 6-month periods. Should your application be successful, then you should receive the refund within 6 weeks.

 

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Have questions about this article? Get in touch today!

 

Call us on 020 7928 0276, our phone lines are open and we will be taking calls from 9:30am to 6:00pm.

 

Email us on info@lisaslaw.co.uk.

 

Use the Ask Lisa function on our website. Simply enter your details and leave a message, we will get right back to you: https://lisaslaw.co.uk/ask-question/

 

Or, download our free app! You can launch an enquiry, scan over documents, check progress on your case and much more!