As a law firm dealing with plenty of immigration cases, we have seen many sides to the Home Office. As reasonable and experienced legal professionals, we understand that some matters are complex and hurdles can become apparent at any time in the course of a case. However, there are times when Home Office mistakes can cause serious delays and consequences for applicants and it is in these times where simple forgiveness is not enough and proceedings must be looked into.

 

This blog will focus on human rights claims made by two men who faced deportation and the Home Office slip-up that added an extra layer of problems to an already complex case.

 

The case in question: Yilmaz & Anor v Secretary of State for the Home Department 

 

This case revolves around two Turkish nationals, Mr Yilmaz and Mr Arman, who were deported from the UK in 2017 after facing criminal convictions. They had both made human rights claims to remain in the UK, but due to their claims being certified, they could only make appeals from outside of the UK.

 

After waiting 5 years since being deported and lodging their claims from Turkey, the claimants still had not had their appeals heard. This is a significant delay which does not paint the UK legal system in a good light.

 

It was not until 2020 that the two claimants reached out to the possibility of returning to the UK to make in-country appeals, as they were of the opinion that a fair hearing would not take place in their country. However, they were told that using video-links could have been used to launch their appeals, meaning that ultimately their appeals were dismissed.

 

Holding information back?

 

The real issue here is one that the Home Office would have preferred not be publicised. The Home Office had actually been notified that video-links, like the ones suggested by the judge in response to the claimant’s appeals, would not be possible for the foreseeable future. During the pandemic video-links of this kind were very common, however in more recent months this has not been the case in many countries and in different scenarios.

 

When this information reared its head, the Secretary of State had no excuse to hide behind. Mr Yilmaz was permitted to return to the UK in September 2021. Mr Arman had lost contact with his family by this point and so has not yet arranged his return.

 

The main issues on show here

 

The resounding issue in this case is that the Turkish government does not allow its citizens to give evidence to a foreign Court in Turkey. This is quite common and occurs in many countries. It is an issue of sovereignty. By subjecting its citizens to be examined by a foreign Court, the relevant government may be interpreted as having bowed to that foreign country.

 

However, from legal point of view, if the relevant key witnesses are unable to give evidence at the hearing, there is a risk that a fair trial may not be achieved. If that is the case, the relevant persons cannot be reasonably expected to appeal outside the UK. Their appeals will have to be dealt with before they are removed, which is the reason why the appellants argue that the Home Office’s decision to request them to appeal outside is unlawful and that they should be allowed to be back to the UK to conduct their appeals.

 

Our thoughts

 

We always look into issues of fairness and what is legally and morally sound. We do not want to simply point fingers at the Home Office and say ‘we caught you’, but we do want to highlight the fact that mistakes of this kind can have serious consequences.

 

A big lesson to be learned here, not only for the Home Office but also for anyone in the legal profession, is to always make sure that your information is up to date, particularly before advising anyone or suggesting anything. It is very easy to fall behind the times if you do no keep your ear to the ground.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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 situation in Ukraine continues to escalate, and the Russian troops are moving ever further into the country, bringing with them a feeling of terror and uncertainty. The Home Office sees this, and has now opened a new route for Ukrainian’s with family members living in the UK.

 

The route allows eligible Ukrainian nationals and their family members to join their UK-based family member in the UK, or extend their stay in the UK, free of charge. The focus of this blog will be the eligibility requirements and process of this new visa.

 

Who is eligible for the Ukraine Family Scheme?

 

It is important to remember that those applying will be subject to security checks, but as far as the guidance states to far, many people should be eligible for this scheme.

 

To apply to the Ukraine Family Scheme you must:

 

• be applying to join or accompany your UK-based family member; and
• be Ukrainian or the immediate family member of a Ukrainian national who is applying to the scheme; and
• have been residing in Ukraine prior to 1 January 2022 (including those who have now left Ukraine)

 

UK-based family member

 

Your family member must be one of the following:

 

• a British national
• someone settled in the UK – for example, they have indefinite leave to remain, settled status or proof of permanent residence
• someone from the EU, Iceland, Liechtenstein, Norway or Switzerland who has pre-settled status and started living in the UK before 1 January 2021
• someone with refugee status or humanitarian protection in the UK

 

You must provide evidence that your UK-based family member is one of the following:

 

• an immediate family member
• an extended family member
• an immediate family member of an extended family member

 

Applicants will be asked to provide a copy of an official document that confirms your relationship to your UK-based family member. For example, a marriage or birth certificate if you have one.

 

Please note you can still apply if you are unable to provide this document, explaining why you are unable to do so. For example, it may be impossible to renew certain documents due to closures and issues in Ukraine.

 

What counts as an immediate family member?

 

An immediate family member is your:

 

• spouse or civil partner
• unmarried partner (you must have been living together in a relationship for at least two years)
• child who is under 18
• parent (if you are under 18)
• fiancé(e) or proposed civil partner

 

What counts as an extended family member?

 

An extended family member is your:

 

• parent (if you are over 18)
• child who is over 18
• grandparent
• grandchild or your partner’s grandchild
• brother or sister

 

Immediate family member of an extended family member

 

An immediate family member of an extended family is the:

 

• spouse or civil partner of an extended family member
• child under 18 of an extended family member
• parent of a child under 18 who is an extended family member
• fiancé(e) or proposed civil partner of an extended family member

 

If your UK-based family member is your (or an extended family member’s) spouse, civil partner, fiancé(e) or proposed civil partner the relationship must have started before 1 January 2022.

 

Other family members will be considered where there are exceptional circumstances.

 

How long will the Ukraine Family Visa last?

 

Your visa will last up to 3 years. During this time applicants will be able to live, work and study in the UK and access public funds.

 

Fees

It is free to apply to the Ukraine Family Scheme.

 

You do not need to pay the immigration health surcharge for this scheme.

 

How long will it take to get a result?

 

Currently, this remains a little vague. There is no concrete timescale established as of yet, as the route is so new. However, the Home Office has said that it will prioritise applications of this kind. Hopefully some more information will be revealed on this soon.

 

Can you apply from inside the UK?

 

Further guidance on this is yet to be revealed, but we will let you know as soon as it is. What’s positive is that this seems to be an upcoming option.

 

Our thoughts

 

We are pleased to see this route opened up and hope that it can lead many Ukrainian’s to safety. It is positive that there is no cost, and with the security checks in place, we feel that there is no reason not to welcome Ukrainian’s into the UK. If it was the other way round, UK citizens would hope to be met with the same courtesy.

 

More data on this route will be revealed as more and more people use it, but for now we can only see positives here.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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!

 

 

Visa waiting times, as many applicants will know, can fluctuate. While some people will have positive experiences, many will find themselves waiting much longer than they had anticipated for a decision to be reached on their application.

 

This blog will delve into the latest guidelines from the Home Office on what people should expect when making visa applications to come or remain in the UK.

 

Let’s start with applications from outside the UK

 

When your application’s waiting time starts and ends

 

Once an application has been submitted online, the waiting time starts when you either:

 

• attend your appointment and provide your fingerprints and a photograph (biometric information) at a visa application centre

 

• verify your identity using the UK Immigration: ID Check app. This will depend on the visa you apply for and you will be advised if you can use this

 

The waiting time will end when you get an email containing the decision on your application. This will explain what you need to do next.

 

Visa types

 

Visitor visa:

 

The standard wait time for visitor visas should be 3 weeks, however the Home Office is currently operating around the 6 week mark. This is much longer than it should be, and the Home Office has released statements promising work is being done to reduce this wait time, but we are yet to see any drastic improvements.

 

Visas for: Traveling through the UK, Studying, Working or Investing in the UK:

 

At the moment people looking to get on these types of visas can expect at least a 3 week wait before a decision is made on their behalf, once they have either attended their appointment at the visa application centre or used the ID Check app.

 

Joining family in the UK / Family Reunion:

 

Wait times for these visa can be up to 12 weeks currently. If you are applying as the dependent of another applicant, you will get your decision at the same time.

 

If you are applying for an EEA family permit or an EUSS family permit you will get a decision as soon as possible after proving your identity and providing your documents.

 

Hong Kong British National (Overseas) visa:

 

Again, wait times of up to 12 weeks can be expected with this visa type.

 

Commonwealth citizens

 

You should get a decision within 3 weeks once you attend your appointment at the visa application centre, if you are applying for an Ancestry visa.

 

Returning residents

 

You should get a decision within 3 weeks you attend your appointment at the visa application centre, if you are applying for a returning resident visa.

 

Replacing residence cards and permits / transferring visas from passports

 

These processes also have a 3 week waiting time attached to them.

 

 

How about applications made within the UK?

 

There are some different options here, and the waiting times appear to be longer in general than those of applications made outside the country.

 

Switch to or extend a Student visa:

 

You should usually get a decision within 8 weeks once you have applied online to switch to or extend a Student or Child Student visa.

 

Switch to or extend a family visa:

 

You should usually get a decision on your visa within 8 weeks once you have applied online to switch to or extend as a:

 

• spouse or partner (if you are on a 5-year route to settlement)

 

• fiancé, fiancée or proposed civil partner

 

Switch to or extend a work visa:

 

You usually should get a decision on your visa within 8 weeks once you have applied online to extend or switch to any of the following work visas:

 

• Global Talent
• Innovator
• Intra-company
• Skilled worker
• Entrepreneur
• Investor
• Minister of Religion
• Sportsperson

 

Extend a Standard Visitor visa / Switch to a Graduate visa / Extend a Domestic Workers in a Private Household visa / Extend a Representative of an Overseas Business visa / Switch to or extend a Temporary Worker visa:

 

Each of these visa types currently has an expected wait time of 8 weeks.

 

Switch to or extend a Hong Kong British National (Overseas) visa:

 

You should get a decision within 12 weeks once you either attend your appointment at the UK Visa and Citizenship Application Service (UKVCAS) or when you submit your online documents after completing the ID Check app.

 

Applying for settlement:

 

You should usually get a decision on your visa within 6 months once you apply online.

 

Our thoughts

 

We hope to see a reduction in these wait times soon, as some of them are longer than they should be. The on-going situation with coronavirus, and now the added pressure of the war in Ukraine will inevitably play a part in the capabilities and priorities of the Home Office, but it is an achievable target to shave even a few weeks off some of the longer wait times you see in this list.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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!

 

 

 

 

 

The situation in Ukraine is getting progressively more serious as the days go by, with the Russian invasion claiming more and more lives, leaving the country on the verge of chaos. Understandably, Ukraine calls for aid and has so far been met with sympathy from many nations. The UK has relaxed some of its immigration rules for Ukrainians, which you can read about in our article here, and the EU is in talks with Ukrainian president Zelenskyy about fast-tracked membership into the union. The EU has already made claims that it will allow Ukrainian’s to stay and work in EU nations for up to three years in the form of a temporary protection plan.

 

However, what we will focus on today specifically is the possibility of Ukrainian’s in the UK claiming asylum here. Is it possible, and what has the government announced on the issue? Read on to find out.

 

No change of policy as of yet

 

While immigration rules have been relaxed for Ukrainian’s looking to extend their visas or switch to new routes within the UK, asylum claims have not been specifically mentioned as of yet. This is because, as it stands, the UK still considers Ukraine capable of taking care of its own people, however this could change at a moment’s notice given the unpredictable nature of the Russian invasion.

 

It may be that Ukrainians in certain areas of the country will be considered at risk by the UK, but the fact that Ukraine is fairly large country people could be safe if they relocate, according to the UK government. However, transportation is obviously very difficult at this time.

 

What arguments could Ukrainian’s make for asylum?

 

Political opinion may play a part in the fears of many Ukrainian’s, whereby being against Russian occupation could see them face serious consequences. Others may fear military conscription and the obvious dangers that come with it. They may fear being prosecuted for desertion, such as prison time or being left a social outcast. Also, due to some outdated attitudes within certain parts of the country homosexuals may fear being mistreated if forced to join the military.

 

The important thing to remember is that the situation is in a state of flux, constantly changing. If more violence erupts, the UK may be forced to relax even further and allow asylum to take place on a larger scale.

 

What do we think?

 

We sympathise greatly with the situation in Ukraine, and feel that the maximum amount of support should be granted. We are not against asylum claims from Ukraine or any other nation, as those who fear for their lives should not be turned away from safety, be there Ukrainian or from elsewhere in the world.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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!

 

It will not have escaped your attention that Putin has launched an invasion into Ukraine, igniting major concerns across the globe and potentially lighting the initial spark which could lead to war in Europe, some fear.

 

Ukraine will be looking for aid from its allies, including the UK. Part of the UK’s support to them in this time comes in the form of new concessions for Ukrainian citizens and their families inside and outside the UK, allowing easier routes into the country and more lenient rules to abide by to extend their stay here.

 

This blog will focus on these new concessions.

 

Changes announced for Ukrainian nationals in the UK include:

 

• Ukrainian nationals on an existing points-based system route can extend their leave in the UK.

 

• Ukrainian nationals on an existing visitor visa can exceptionally switch into a points-based system immigration route without having to leave the UK.

 

• Ukrainian nationals on an existing visitor visa can apply under the family route for further leave without meeting the immigration status requirement, provided they meet the requirements for leave based on exceptional circumstances.

 

• Ukrainian nationals on an existing seasonal worker visa will have their leave in the UK extended to 31 December 2022.

 

• Ukrainian nationals in temporary HGV/pork butcher jobs will have their leave in the UK extended to 31 December 2022 and will also be allowed to apply to the skilled worker route.

 

Home Secretary Priti Patel has said:

 

“We stand shoulder to shoulder with Ukraine amid this unprovoked and antidemocratic act of Russian aggression.

 

I have immediately ordered changes to our visa policy to provide certainty to our Ukrainian friends and colleagues living, working and studying in the UK.”

 

Who is eligible for these concessions?

 

To be eligible to be considered under this concession applicants must be a Ukrainian national seeking leave to remain under Appendix FM or Part 7 or 8 of the Immigration Rules and either:

 

• in the UK

 

• with either limited leave to enter or remain, or an overstayer and paragraph 39E of the Immigration Rules applies

 

• have paid the appropriate fee and Immigration Health Charge (if required)

 

• have provided a passport or other travel document which satisfactorily establishes their identity and nationality

 

• meet the requirements in Appendix FM or Parts 7 or 8 of the Immigration Rules for the route they are applying under, including eligibility and suitability requirements, subject to the concessions contained in this guidance.

 

Or, in respect to document flexibility,

 

• be outside the UK.

 

• have made a valid application for entry clearance including providing biometrics.

 

• have paid the appropriate fee and Immigration Health Charge (if required).

 

• have provided a passport or other travel document which satisfactorily establishes their identity and nationality.

 

• meet the requirements in Appendix FM or Part 8 of the Immigration Rules for the route they are applying under, including eligibility and suitability requirements, subject to the concessions contained in this guidance.

 

If an applicant meets these criteria, they should be granted permission to enter or stay on the route applied for and for the length of time normally allowed under the route in which they are applying and on the same conditions.

 

Switching made easier

 

The situation in Ukraine may mean that some people who are eligible to switch to different visas are unable to return to their home country in order to do so. There is a new concession intended to facilitate those who have come for a visit or on a temporary route but who meet the requirements of the family Rules to continue their stay in the UK, including on routes to settlement where those requirements are met, and where UKVI are satisfied that it would not be appropriate to require them to return to Ukraine.

 

It covers those who meet the general requirements above and meet the following relevant requirements:

 

• the applicant holds valid leave as a visitor or valid leave granted for a period of 6 months or less, unless that leave is as a fiancé(e) or proposed civil partner, or was granted pending the outcome of family court or divorce proceedings, or has been granted exceptional assurance.

 

• the applicant has confirmed in writing that they wish to be considered under this concession and has explained their reasons for applying in-country, rather than returning to Ukraine to make an entry clearance application.

 

More lenient documentation requirements

 

Due to the current situation in Ukraine, an applicant may be unable to provide the full range of documents required for the family route under which they are applying. If so, an applicant must explain why they cannot provide a normally required document when they make their application.

 

A sufficient and reasonable explanation may for example be that it is not possible to obtain a document from an institution as it is not functioning or is not offering its full range of services due to military conflict.

 

Another sufficient and reasonable explanation may, for example, be that the document can only be obtained in person, no one else in Ukraine can reasonably be expected to obtain it on the applicant’s behalf, and it is not reasonable to expect the applicant to travel to the location in Ukraine as it may be unsafe.

 

The Home Office has said it will take a reasonable stance when it comes to documentation, but each case will still be handled on its own individual merits.

 

Our thoughts

 

We are pleased to see these concessions being written into the immigration rules for the benefit of Ukrainian citizens. The situation their country is facing is horrendous and they must be supported by the UK and the rest of the world. We hope that the Home Office will be lenient towards the Ukrainian’s and that the relaxing of some of these rules can bring them some comfort during this difficult time.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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!

 

The Home Office has taken drastic action by closing the Tier 1 Investor Visa Route to all nationalities after claiming it left the UK open to security breaches and corruption. This route has come under investigation in the past but was not expected to be closed so suddenly.

 

The route was appealing to wealthy people, as it allowed applicants to remain in the UK if they could invest large amounts of money in active companies in the country. However, the route received criticism regarding some applicants acquiring their wealth illegitimately and were therefore abusing the system. It has been revealed that part of the reason for closing the route is to stop undesirable people entering the UK under corruptive circumstances.

 

What’s more, the economic benefit of the route has been assessed to be small. There will be plans put in place to open a related route with a greater focus on longer scale benefits and systematic improvements to businesses rather than completely focussing on singular injections of money.

 

Home Secretary Priti Patel has said:

 

“I have zero tolerance for abuse of our immigration system. Under my New Plan for Immigration, I want to ensure the British people have confidence in the system, including stopping corrupt elites who threaten our national security and push dirty money around our cities.

 

Closing this route is just the start of our renewed crackdown on fraud and illicit finance. We will be publishing a fraud action plan, while the forthcoming Economic Crime Bill will crackdown on people abusing our financial institutions and better protect the taxpayer.”

 

It also cannot be denied that the current political relations between Russia and the UK plays a role with this visa cancelation. Russian citizens make up a huge amount of the total of Tier 1 Investor visas given out each year, and the route has been controversial for some time in terms of illegitimate money scandals generally and how it is used by Russian citizens in particular.

 

What if you already have a Tier 1 (Investor) visa?

 

If you already have this visa (or had one in the last 12 months and it was your most recent visa), you can still apply:

 

• to settle in the UK (indefinite leave to remain)
• to extend your visa for 2 years

 

Requirements for settlement under Tier 1 Investor visa:

 

You must:

 

• have lived in the UK for long enough – this can be from 2 to 5 years

 

• meet the financial requirements

 

• You must have spent no more than 180 days outside the UK in any 12 months.

 

• If you are 18 to 64 you will need to book and pass the Life in the UK Test.

 

It costs £2,389 for each person applying. You can include your partner and children on the same application form, if they are eligible.

 

You also need to pay £19.20 per person to have your biometric information (fingerprints and a photo) taken.

 

You will usually get a decision within 6 months if you apply using the standard service.

 

Requirements to extend your Tier 1 Investor visa for 2 years:

 

• You may be able to extend your Tier 1 (Investor) visa for 2 years.

 

• Your family members (‘dependants’) will need to apply separately to extend their visa. They can either apply at the same time as you, or at any time before their current visa expires.

 

If you successfully applied before 6 November 2014

 

You can apply to extend your visa if all of the following apply:

 

• you have had at least £2 million invested in UK government bonds, share capital or loan capital in active UK companies since 6 April 2020

 

• you had at least £1 million under your control in the UK before 6 April 2020

 

• you invested £750,000 in UK government bonds, share capital or loan capital in active UK companies within 3 months of your ‘investor start date’

 

If you successfully applied on or after 6 November 2014:

 

You can apply to extend your visa if all of the following apply:

 

• you have at least £2 million under your control in the UK

 

• you have invested those funds in share capital or loan capital in active UK companies

 

• you invested this sum within 3 months of your ‘investor start date’

 

If you successfully applied before 29 March 2019, you can also apply to extend if you invested your funds in UK government bonds.

 

 

Documents you must provide

 

When you apply you will need to provide:

 

• a current passport or other valid travel identification

 

• your tuberculosis test results if you’re from a country where you have to take the test

 

• a criminal record certificate from any country you have stayed in for a total of 12 months or more over the last 10 years

 

• investment portfolio reports produced by a UK regulated financial institution that show you’ve met the investment eligibility requirements and maintained your investments for the full length of your visa.

 

Not everyone agrees with closing the Tier 1 Investor route!

 

Nicole Francis, Chief Executive of the Immigration Law Practitioner’s Association (ILPA) has written to the Home Secretary to object to the immediate closure of the Tier 1 (Investor) Visa route to all new applicants.

 

The main concern around the closure, for Francis, is that she feels it undermines democratic procedures of accountability and any sense of legal certainty, stability, and predictability. It is her opinion that it was closed too quickly without enough warning, which may negatively impact people who were planning to enter the route very soon.

 

In her letter she makes the following requests:

 

• for a time-limited period of 21 days for the department to accept discretionary initial Tier 1 (Investor) applications judged on the rules prior to closure

 

• to seek assurance that cases currently under consideration will be assessed in line with the rules at the date of application, and

 

• that in the future there is sufficient notice to representatives and potential applicants prior to such substantive changes, stressing the constitutional importance in laying changes to the Immigration Rules at least 21 days before they take effect

 

Our thoughts

 

As a law firm with a strong interest in immigration, we do not enjoy seeing route close, especially quite as suddenly as this one has been. Although, we can understand the thought process behind the closure – we do not want people entering the UK based on illegitimate finances or corrupt business dealings.

 

We believe that the duty now rests on the Home Office to create a new route or alter the existing one so that it can be carried out without the risk of corruption, with appropriate vetting and checks, so that investors can come to the UK without their being concerns in the public domain of their entry.

 

Have questions? Get in touch today!

 

Call us on 020 7928 0276, phone calls are operating as usual and 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!

 

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