Windrush Debate – Compensation and Crime

The Windrush Generation has once again been claiming headlines as the government continues to deport offenders who came to the UK as children, in the face of large scale anti-deportation protests.

Who are the Windrush Generation?

A quick refresher on who comes under this label:

Those arriving in the UK between 1948 and 1971 from Caribbean countries have been labelled the Windrush generation.

This is a reference to the ship MV Empire Windrush, which arrived at Tilbury Docks, Essex, on 22 June 1948, bringing workers from Jamaica, Trinidad and Tobago and other islands, as a response to post-war labour shortages in the UK.

The ship carried 492 passengers – many of them children.

The influx ended with the 1971 Immigration Act, when Commonwealth citizens already living in the UK were given indefinite leave to remain.

Mistreatment of the Generation?

The Windrush scandal back in 2018 revealed that citizens of Commonwealth countries – who had an automatic right to settle in the UK until 1973 – had wrongly faced questioning about their rights.

Some were denied entry to the UK when they sought to return home after visiting their birth country, whilst others were wrongly denied access to public services and benefits – including the NHS. Deportations also took place where they, legally, should not have.

Compensation Scheme – failing so far?

The Home Office set up a compensation scheme to make up for these errors and the unfair treatment of not only the Windrush generation, but anyone who came to the UK before 31 December 1988 from any country.

Despite this system being in place for 10 months, only 3% of claimants have received any compensation from the Home Office. This amount of compensation is worth under £65,000.

An extension on the time that this compensation will be available for has been announced, and comes after many complaints from people who have already submitted claims and received nothing or who have attempted to fill in the compensation form but cannot do it correctly. Campaigners have called on the government to fund legal advice so claimants can be helped to apply where they are unable to themselves.

How long is the extension?

Two more years have been added, so the thousands of people affected by this immigration scandal now have until April 2023 to claim.

If you need any help with your application, please do not hesitate to get in contact with us on 020 7928 0276 or email in to info@lisaslaw.co.uk.

Criminal offenders

A flight to Jamaica has taken off today (11.02.20) holding 20 people who have committed criminal offences since coming to the UK. Originally about 50 had been expected to be on-board.

The number of people being deported was reduced after a court order restricting the Home Office to deport anyone who had no access to legal advice due to issues with an O2 mast (phone service which caused problems with communication between deportees and their legal aids).

More than 170 cross-party MPs have also supported calls on the prime minister to suspend the flight until the publication of the Windrush lessons learned review.

Home Secretary Priti Patel has defended the action, saying those on the flight had been convicted of “serious offences”, carrying sentences of more than a year and that she is bound by legislation to deport them.

A major factor for those who oppose the use of deportation is that the criminal offenders have been living in the UK for so long, since they were children, they have no memory of life in their country of birth.

Other arguments are that many of the offenders are victims of grooming, and that they were heavily influenced by gangs and criminals who were already present in the UK when they arrived as children. Also, in many cases those being deported have already served time in prison for their crimes, leading some to think that to deport them is an unnecessarily harsh punishment.

Circumstances leading to deportation

Usually if the crime has warranted a sentence of 12 months or more, the Home Office will push for deportation of the offender. This is also the case with suspended sentences.

Minor offences committed frequently can also add up and lead to deportation of the offender, especially if the crimes are committed within a short space of time from one another.

The Home Office will always be notified when a foreign national has committed a crime in the UK, so that they can plan out whether or not that person needs to be deported.

In cases where offenders have fulfilled the requirements for Permanent Residence in the UK, this will be revoked and they may still be deported.

Legal assistance and Judicial Review

If the offender has had no chance to receive professional legal advice in the lead up to their deportation, this can be grounds for them to go to a Judicial Review.

A judicial review can challenge the way a decision has been made, if you believe it was illegal, irrational or unfair. It is not really about whether the decision was “right”, but whether the law has been correctly applied and the right procedures have been followed.

As everyone has the right to legal aid, if an offender has been denied this right then their deportation may be delayed or stopped altogether.

And, the right to appeal?

A right of appeal doesn’t necessarily prevent people seeking judicial reviews.

For example, if someone doesn’t have a right of appeal in the UK but then he/she cannot effectively appeal against the decision from outside the UK, a judicial review may be considered by the appellant to ask for an in-country appeal right.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

February 5, 2020
Brexit, Europe, Immigration, Travel

Life after Brexit – how will it affect YOU?

As you may have read in our recent article, the UK is currently going through a ‘transitional period’ during which Boris Johnson and his political colleagues will hold extensive negotiations regarding the relationship between the UK and the EU with European leaders.

These negotiations will be completed and the results announced by 31 December 2020, so a lot of the detail will not be certain until then. However, we are here to tell you about some things you can be sure of now that Brexit has entered its initial phase.

Holidays and Brexit

Passports:

New blue passports will be issued from early 2020, being gradually phased in over a number of months. While this transition period is going on, you could be issued with either a burgundy or a blue passport. The government says that all passports issued from mid-2020 are planned to be blue.

Your passport will continue to be valid after Brexit (provided that it is in date) no matter which of the two colours it is.

More changes regarding passports are likely to come into action next year.

Visa’s and European travel:

For the next 11 months, nothing changes in terms of European travel. This means you will not need a visa to travel to countries which did not already require one.

The Home Office has said that from 1 January 2021 tourists on short trips (of under 90 days) to the EU, Iceland, Liechtenstein, Norway and Switzerland will not need a visa to travel. This remains to be seen as negotiations are continue, but we are hopeful this will not change come 2021.

Longer stays, or going to work in a country within the EU is very likely to require a visa.

The Etias (European Travel Information and Authorisation System) will cost seven euros (£6.30) and be valid for three years. It will come into force in 2021 and is based on current arrangements for non-EU countries having visa-free travel in the Schengen area.

British and Irish citizens will be able to travel freely within the Common Travel Area – the UK, Ireland, the Isle of Man, Guernsey and Jersey.

Driving around Europe:

The current rules on international driving—and hiring cars—will continue to apply during the transition period until the end of 2020.

From 1 January 2021, drivers may need an international driving permit to drive in some EU countries, particularly if you have an older paper license. If you’re taking your own vehicle to Europe, you’ll need a ‘green card’ from your insurance company to show your insurance provides at least the minimum cover and a GB sticker.

Data roaming:

Under EU rules, the cost of making calls, sending messages or using the internet on your phone in the EU is the same in the UK and this will continue after 31 January 2020.

Brexit and Settled Status:

Can I still apply for settled status?

Yes. The EU Settlement Scheme is open for applications until 30 June 2021.

If you have five years’ continuous residence in the UK and are a citizen of an EU country, Norway, Iceland, Liechtenstein or Switzerland you can apply for settled status. You can also apply if you have a family member who is a citizen of one of these countries.

Pensions:

UK nationals living in the EU will continue to receive their state pension and will also receive the annual increase.

Under the terms of the withdrawal agreement, that will continue for anyone on a UK state pension or eligible for one before December 2020. However, for people who move to those countries from 2021 it will depend on the outcome of negotiations.

A possible complication may be that where UK citizen has spent time working in an EU country and has acquired pension rights there. Once more, it will depend on how negotiations go as to whether these can be carried over to the UK.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

Amnesty International – Make a Will Month

We are very pleased to announce that Lisa’s Law Solicitors will be taking part in Amnesty International’s Make a Will Month campaign for 2020.

This wonderful initiative runs throughout March and will help raise vital funds for an excellent cause and is open to anyone who requires a simple will. We also offer free storage of your will when you take part in the scheme.

As one of the largest organisations worldwide standing up for justice and helping the most vulnerable in their time of need, Amnesty International is a worthwhile charity to support.

How are we getting involved?

We will be offering a free will writing service throughout March, giving people certainty and peace of mind that their estate is handled exactly as they intend it to be.

How does this help Amnesty International?

This may come as a surprise, but 16% of Amnesty International’s funds comes from gifts left in peoples wills. That is a really huge portion!

With this in mind, people who take part in the free will service throughout March will asked to leave a donation, big or small, in their will to Amnesty. A small donation goes such a long way to help them achieve their goals the world over.

So, everyone is a winner! Participants get a free simple will drafted by one of our expert solicitors and at the same time Amnesty receive some essential aid to help keep them continue with their vital work.

What your gift could do:

With your help just 1% of a £50,000 estate could help cover the cost of Amnesty International’s school speakers’ programme, teaching 27,000 young people about human rights and inspiring the next generation of human rights defenders.
A legacy from you of £5,000 could pay for media fellowships in developing countries for four journalists, enabling them to report and raise awareness of human rights violations.
Leaving Amnesty International UK 10% of a £300,000 estate could enable them to conduct two human rights investigations in crisis countries with security equipment, satellite imagery and forensic support.

Get in touch

If you would like to support Amnesty and take part in their Make a Will Month, please email info@lisaslaw.co.uk with your name and contact details. We must inform you that this is a first come first serve basis and it will not be possible to accommodate everyone who contacts us, so be sure to get in quick!

If you need more information please just follow this link to the official Amnesty website.

lisaslaw@web

See Full Bio

Huge numbers of Brits applying for non-UK passports post-Brexit!

More than 350,000 Brits have applied for a non-UK passport as an insurance policy post-Brexit, in the hope that it will grant them immunity from any negative outcomes of exiting the EU.

This surge has been rising steadily since the result of the EU referendum back in 2016, with some even forfeiting their British passport to retain their EU rights after Brexit.

For many this is a protest against Brexit, and a way to show their personal connection to the EU, and for others it shows nothing more than a desire to get through airport security as quickly as possible.

No matter the reason, the sheer amount of people going for a different passport is hard to ignore.

Popular choices

One of the more popular countries people are applying for an alternate passport is Ireland, due to the close ties between Ireland and the UK and the fact that many English people can claim blood ties to Ireland in their ancestry.

However, there has also been high amounts of applications for French, Swedish and German passports as well, showing a tenfold rise in naturalisation of British citizens.

In Sweden the number of passports granted to Britons between 2016 and 2019 rose from 942 to 4,267, while in Germany they rocketed from 622 in 2015 to 6,640 in 2018, with figures for 2019 expected to show another increase.

Spain, Denmark and Finland have also shown sharp increases in British people applying for passports and naturalisation.

Just over 32,000 citizens in Northern Ireland and Great Britain applied to receive Irish passports in 2015 for the first time. This has almost quadrupled in the last four years with figures for 2019 showing 131,817 new applications for Irish passports, with nearly 55,000 from GB alone.

What’s the point?

As Ireland is still a member of the EU, an Irish passport will allow holders to bypass the effects of the UK leaving the EU.

Are you eligible for Irish citizenship?

Around five million Brits are eligible for an Irish passport. You can apply if:

If either of your parents was an Irish citizen born in Ireland, or if you were born in Ireland to Irish parents, you are automatically a citizen.
If any of your grandparents were born in Ireland, you are eligible for citizenship by descent, but you must first register your birth on the Foreign Births Register.
If your parents were foreign nationals legally resident in the island of Ireland for three out of the four years prior to your birth, you are entitled to citizenship.
If at least one of your parents was an Irish citizen but not by birth, ie by naturalisation or marriage, you can become an Irish citizen after registering your birth on the Foreign Births Register.
You can also become a citizen through naturalisation, either as a migrant or through a spouse. The requirements are complex – you can read them here.

All the information you need about applying for an Irish passport is here.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

What’s the score with Brexit’s Transitional Period?

Whether you are for it or against it, Brexit will be officially happening at 11pm tonight (31.01.20). This means the UK will be separate from the EU from this point forward, but the effects on everyday life will not become obvious due to a ‘transitional period’ which will last until the end of the year.

Here is everything you need to know about how this period of Brexit limbo, officially known by the Government as an “implementation period”, will work.

How long is the transition period?

This period will end in 11 months’ time, at the end of 2020. Boris Johnson has said he will not be expending the period, and doing so would cause much political embarrassment for the UK.

What will happen during the transition period?

Both UK and EU negotiators will be working hard to arrange as much of a future partnership as possible, so that it can be ready to be put in place on the date the transition period ends.

Much of the focus will be on solidifying a UK-EU free trade deal. This will be essential if the UK wants to be able to continue to trade with the EU with no tariffs, quotas or other barriers after the transition.

Aside from trade, many other aspects of the future UK-EU relationship will need to be decided. For example:

Law enforcement, data sharing and security
Aviation standards and safety
Access to fishing waters
Supplies of electricity and gas
Licensing and regulation of medicines

The UK will also need to design and implement many new systems, such as how it will handle immigration once freedom of movement comes to an end.

Will freedom of movement continue to apply?

Yes. The transition period requires that the United Kingdom follows the same rules as an EU member state, so freedom of movement will be part of this.

Will it affect daily life in the UK?

There will not be a very noticeable effect of daily life, as the period serves to artificially extend the current conditions of life as part of the EU by continuing to see European law applied during the period, and the European Court of Justice still holding jurisdiction.

Citizens rights will remain the same as they were while the UK was part of the EU. However, the UK will no longer be represented in EU institutions and decision-making, so it will not have a direct say on what the club does during this period. But it will have to uphold the obligations of a member state for that period.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

Tonnes of Talent! New Visa Type Explained in Statement of Changes to Immigration Rules

Boris Johnson has said numerous times that he wants the UK to be seen as a country of ideas and that a major part of his time as Prime Minister will be dedicated to attracting the ‘brightest and best’ people from around the world to live and work here.

A statement of changes to the Immigration Rules made today (30.01.2020) revolves around the new Global Talent Visa, which seems to prove that Johnson meant what he said.

What is the Global Talent Visa?

The Global Talent visa will be replacing the Tier 1 (Exceptional Talent) visa from the 20^thof February 2020, nationwide. Any applications made before this date will be considered under the old rulings.

The Global Talent visa is aimed at exceptional individuals in the science, digital technology and artistic sectors.

The existing ways of getting a Global Talent (formerly Exceptional Talent) endorsement will remain in place. Those are:

The “standard” route where an academic/scientist/researcher can ask for peer review of their career under the categories of “promise” or “talent”
The “accelerated” route for those in receipt of a job offer for a senior role at a UK university or research institution
A further accelerated route where the person holds a prestigious grant/fellowship (with the list of eligible fellowships to be expanded)

As announced in December, the changes significantly expand the number of fellowships that qualify for fast track consideration by the Royal Society, British Academy or Royal Academy of Engineering, allowing a larger number of applicants to qualify without the need for a full peer review.

More settlement possibilities:

Applicants endorsed by the endorsing bodies responsible for science, engineering, humanities and medicine will be able to apply for settlement after 3 years regardless of whether the applicant is granted under “promise” criteria, “talent” criteria or the new endorsed funder option. The qualifying period to apply for settlement under “promise” criteria for digital technology and arts and culture applicants will remain as 5 years (as was previously required under Tier 1 (Exceptional Talent).

Also, applicants will be able to choose how much leave, in whole years, up to a maximum of 5 years they wish to be granted in a single application.

This means that Global Talent applicants who only wish to come to the UK for 2 years in this category will not need to pay the maximum 5-year Immigration Health Surcharge payment. This means successful applicants will not be tied to their host institution, meaning no restrictions on their ability to move between roles and employers, provided the above rules were met at the outset.

Benefits of a job offer

A researcher and/or specialist who is offered a job at a UK university or research institution, and whose job title or name was included within an application for qualifying research funding as a directly incurred cost, will be automatically eligible for a Global Talent visa.

This allows the relevant institutions considerable freedom to recruit the researchers and specialists it needs via the medium of research grant funding, without day-to-day Home Office scrutiny.

Requirements:

There will still obviously be some hoops for applicants to jump through before they are considered. For example:

The person must be named or appointed to a role on a successful grant application from a recognised funder
The person must be employed, hosted or in receipt of a job offer from a UK university, independent research organisation or public sector research establishment
The research grant must have been awarded under the “peer review” principle
The minimum value of the grant must be £30,000 and must support a project of at least two years in duration
The person must have, or be given, a contract of at least two years in duration at the point of application for endorsement, and work at least 50% FTE

News for individuals currently under the Tier 1 (Exceptional Talent) visa:

Applicants who already hold Tier 1 (Exceptional Talent) leave and who wish to extend their leave, will be able to do so under the Global Talent category. As with initial applications, the extension requirements for Global Talent do not generally differ from Tier 1 (Exceptional Talent). The only exception to this is that the Rules do not specify exactly what documents must be supplied to demonstrate that an applicant meets the criteria. This allows a wider range of evidence to be supplied.

Settlement applications from Tier 1 (Exceptional Talent) Migrants will continue to be accepted, without the need for applicants to first switch into the Global Talent route.

Positive outlook

This seems to be a positive move both for the United Kingdom as a nation and for those who have worked hard to stand out in their respective fields. Like all new visa routes it will take some time to see the benefits, but as far as we can tell it is a step in the right direction and should hopefully attract some brilliant individuals to the country.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

A new dawn for UK immigration? Here is what to expect.

The Migration Advisory Committee (MAC) is hugely influential on the Home Office and the rules they bring in when it comes to migrants coming to work and settle in the UK. Today (28.01.20), they have released their official report on how they believe the Home Office should operate in this area.

We have summarised the most important points for you below so that you can be aware of the many changes the MAC have recommended, as the Home Office are bound to take the report very seriously and heed much of the advice within it.

Main areas of interest:

Would a points best immigration system work in the UK?
Should salary thresholds change for migrants?

These two questions make up the bulk of the report, and the way in which the MAC have answered them will be massively important to the Home Office and may affect all people either migrating to the UK or trying to settle here.

Current rules:

So you know what to compare the new rules to, here is a brief summary of the current ones:

Since April 2017, the general salary threshold has been £30,000 or £20,800 for new entrants. New entrants currently meaning those aged under 26 on application, switching from Tier 4, or the role was advertised through a university milk round.

In terms of a points based system (the Australian-style immigration system that the government wants to re-introduce), there is not currently one in place but there have been similar policies implemented in the past to varying effect.

Recommendations – Points based system:

The MAC has recommended retaining the existing framework for Tier 2 (General). This means that this visa type will remain the same in terms of application procedure, with no points based system. This is partly because applicants on this visa type usually have a job offer already, meaning there is less need for a rigorous vetting scheme such as a points based system.

However, the Tier 1 (Exceptional Talent) visa does not rely on a job offer. The MAC have advised the Home Office to consider modifying Tier 1 (Exceptional Talent) in the following ways:

There should be an overall annual cap on those admitted;
The route should operate on an expression of interest basis creating a pool of migrants interested in coming to the UK;
There should be a monthly draw from this pool with those selected invited to submit a full application;
The selection of those invited to apply should be based on those who have the highest number of points in the pool using a points-based system with tradeable points;
There should also be an absolute minimum number of points;
Points should be given for characteristics that the Government wants to attract through this route and for whom other routes are not suitable;

What characteristics should earn applicants points?

According to the report, points should be given according to the following:

Qualifications
Age of applicant (the younger the better, essentially.)
Evidence of having studied in the UK
Skilled in priority areas such as STEM (science, technology, engineering and maths.)

The MAC has recommended this points based system for Tier 1 (Exceptional Talent) Visas because it says the current system is too hard on applicants and relies on a proven track record of success, rather than the potential an applicant shows.

Recommendations – Salary threshold:

The biggest highlight for this area is the fact that the MAC have recommended reducing the minimum salary threshold to around £25,600, instead of the current £30,000.

This reduction to the wage threshold would allow most employers to hire migrants at wages that many existing workers are currently on.

This reduction will be UK-wide at first, as the MAC does not want to over-complicate the matter by regionalising this change.

However, they also recommend that there should be a separate pilot visa for ‘remote’ areas of the UK, part of which could have even lower salary thresholds for migrants into those areas. This should only be done with a full evaluation to understand its effectiveness and impacts.

Also, the MAC have recommended that occupations on the Shortage Occupation List should not have lower salary thresholds for entry.

Going forward, the MAC have also called for more in-depth monitoring of how migrants are faring in the UK labour market after entry and advising for on-going reviews of how these changes to the salary thresholds are going.

Some other interesting recommendations regarding salary thresholds:

Salary thresholds should not be pro-rated to allow for part-time work.

The Government should consider more flexibility (i.e. prorating salary thresholds) for visa holders switching to part-time work after becoming a parent.

Only salary on the main job should be used to determine whether the salary threshold is met. Allowances, equity and employer pension contributions should not be included.

The definition of a new entrant should be widened to include those are working towards recognised professional qualifications and those who are moving directly into postdoctoral positions.

The occupation specific threshold should be the 25th percentile of the full-time annual earnings distribution for that occupation.

We will wait and see

Many interesting points raised here, we look forward to seeing if they all come to light after the Home Office considers them. As we said at the start of this article, the MAC holds considerable weight with the Home Office, so it is likely that the report will be treated with the utmost respect by most politicians and policy makers.

We will be sure to keep you right up to date with how this progresses.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

Boris Johnson signals to get rid of £30,000 threshold for immigrants by 2021

The Prime Minister is planning on wavering plans on putting a £30k minimum wage threshold for immigrants coming to work in the UK after Brexit, according to recent reports.

This comes as part of Boris Johnson’s new immigration policy post-Brexit, for which he is said to be inspired by the current Australian system.

As it stands, due to rules brought in under Theresa May during her time as Home Secretary, experienced workers from outside the European Union hoping to live in the UK must be able to earn at least £30k to qualify for a work visa. Recent graduates are required to earn at least £20,800.

Former PM Theresa May had planned to allow a long transition period before a new system is enforced after Brexit.

Under her blueprint, the current level of new arrivals would last until 2022 in a concession to worried businesses in sectors like hospitality who feared a collapse in their workforce.

Boris wants change

The government has asked the Migration Advisory Committee (MAC) to look into the call they previously made under Theresa May relating to this wage threshold, after many Cabinet members voicing their opinion that the threshold may deter skilled migrants from coming to the UK, these rules are being reconsidered.

It is predicted that the MAC will now advise scrapping the £30k threshold in favour of a different approach to immigration.

New rules?

The wages that an immigrant will be earning should they come to the UK will still be taken into consideration, but that consideration will run alongside a host of other factors including English language skills, occupation and qualifications.

An emphasis on skills

While some people will see the throwing away of the £30k threshold as a positive move for lower-skilled workers who are often paid less, this may not always be the case. As part of the new system the government will be looking more closely than before at the type of job the migrant is taking, and what personal skills and qualifications they can bring to the UK. Age will also be taken into consideration.

For example, let’s say there is an unskilled 40 year old labourer coming from Australia to the UK where he has been offered a job within a building company being paid £30k per year. Just because he will earn £30k does not mean he will get the job, due to his other attributes.

However, a 21 year old from Japan with a Chemistry degree who has been offered a role in a laboratory which only pays £23k per year might still get the job due to the field they are going into and the skills they are bringing to the UK.

That being said, some politicians are optimistic for lower-paid workers. Responding to news that the £30,000 limit was likely to be dropped, the shadow home secretary, Diane Abbott, said it showed that the UK economy needed a broad range of workers.

“We always said their plans were unworkable, as many employers in the private and public sector need what the government insists on calling ‘low-skilled workers’. But all workers need decent pay, reasonable conditions, a right to a family life and trade union rights, wherever they are from. We will continue to fight for them,” she said.

Everyone in agreement?

It is predicted that the move will not be universally agreed with, especially in terms of other Conservative politicians.

Sir Iain Duncan Smith is already warning ministers to “be cautious about ditching the £30,000 threshold”.

He says, “they will need to have very strong checks in place to ensure that they deliver on their pledge to control immigration.”

New immigration policy to come in sooner?

Boris Johnson plans to bring in this new immigration scheme in 2021, a year sooner than the date announced by Theresa May when she was PM. It is being dubbed an Australian style immigration policy.

Some employers of people on low-pay, such as the hospitality industry and the cleaning industries, have voiced their concerns that there will not be enough of a transition period. The Prime Minister has responded that Britain has been leaving the EU since 2016, and there has been ample time to prepare and plan for these changes.

We will bring you more on this as it comes.

Contact us!

If you have any questions relating to this topic, or have any other legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

UK Immigration Rules to be Completely Overhauled!?

The Immigration Rules are the document that set out the precise criteria for granting or refusing permission to enter and remain in the United Kingdom. It is a massively important document, but often people who use it the most (legal professionals, visa applicants) complain that it is very poorly constructed and difficult to understand.

Due to these ongoing complaints the Law Commission has called for major changes to be made to the 1,100 page document (which was initially a much smaller 40 pages), including a complete restructure and a limit on the amount of alterations that are made to the document in the future, as part of the problem is constant small changes that get made to the rules. It makes it extremely difficult to keep up.

The hope is that by improving the drafting, restructuring the layout and removing inconsistencies, the recommendations will make a positive difference by saving money and increasing public confidence in the rules.

What are the changes?

The amount of recommended changes is vast, here are some of the key points that the Law Commission have recommended:

A new 24-part structure to the Rules, covering definitions, commons provisions and specific routes
Giving each paragraph a number, rather than a confusing blend of letters and numbers, making it easier to reference
A new drafting guide, including advice such as “get straight to the point” and “use simple, everyday English”
An advisory committee to review the text at regular intervals
Producing “booklets” of the Rules that apply to each visa category (making it easier to find specific information)
Simplifying and consolidating Home Office guidance documents in tandem with tackling the Rules themselves
“A less prescriptive approach to evidential requirements”, with lists of accepted and acceptable evidence provided (similar to the approach in Appendix EU)
Only two statements of changes to the Rules a year, unless there is “an urgent need for additional change”

There is a heavy focus on how the understandable to the general public the new Rules should be.

The Law Commission recommend that the following principles should underpin the redrafting of the Immigration Rules:

(1) suitability for the non-expert user;

(2) comprehensiveness;

(3) accuracy;

(4) clarity and accessibility;

(5) consistency;

(6) durability (a resilient structure that accommodates amendments); and

(7) capacity for presentation in a digital form.

Barry O’Leary, a member of the Law Society’s immigration law committee, said he was pleased that the commission has taken on board many points made by Chancery Lane and others: ‘We welcome how far they think we should go in terms of redrafting, and acknowledging that the rules need to be suitable for the non-expert user, accurate, clear and consistent.’

Money saver:

It is predicted that these improvements will mean less unnecessary cases for the immigration tribunals and in Home Office casework costs, resulting in up to £70 million being saved annually.

More flexibility?

The Law Commission also considered reducing the level of specificity be reduced regarding things such as lists of possible evidence and circumstances when judging cases, leaving the caseworker with more room to manoeuvre. However, the current thought on this is that it would increase levels of uncertainty in the applicants who sometimes want specific guidance on what the need to provide to be successful.

As a compromise the Law Commission recommend “making the lists of evidence contained in the Rules non-exhaustive”. The idea is that the criteria for a given visa would still be detailed, but there would be more flexibility on the evidence required in support of the application.

Maintenance and future alterations:

It has been recommended that the amount of alterations, and the way they are made, is reduced. The Commission has said that consultations with ‘expert groups’ would be beneficial to any changes being considered, as opposed to the relatively ad-hoc way changes are made now. It becomes very hard to follow.

This committee would include “Home Office civil servants, immigration practitioners and organisations representative of non-expert users of the Rules, including those representing vulnerable applicants”. There would also be an online portal for user feedback.

Change made will also be more obvious to spot. When changes are made, it is suggested that the Home Office release a document containing the changes written in red, with the old rules being written with a line through them. This would make it a lot easier to keep track of what has changed.

We will wait and see…

Currently, this is all just based on the suggestions made by the Law Commission to the Home Office – although they are a highly respected organisation who hold a lot of weight and respect. It is likely that much of these recommendations will become a reality.

Contact us!

If you have questions about this or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

New update on family reunions and biometrics collection information

There is a minor update and change in the Family reunion application category in regards to their location of the application and place for the biometric information to be taken from now onward.

All applications made in the UK for the family re-union must be sent to:

UKVI Family Reunion Team,

Admin Team 7th Floor,

Capital Building,

Liverpool,

L3 9PP

In addition to this, in the UK if there is a new arrival in the UK under a family reunion entry clearance visa then:

1. On arrival in the UK, a Border Force officer must be satisfied as to the identity of the family member and will examine the individual’s entry clearance visa to ensure that the family member is joining family in the UK for the purposes of family reunion.

2. The applicant will be required to collect their biometric residence permit (BRP) from their chosen Post Office within 10 days of arrival in the UK. The BRP does not confer status in line, only leave in line.

If for some reason the visa has been endorsed in error with leave that is different to that held by the sponsor the applicant, sponsor or their representative can ask to have it amended by contacting UK Visas and Immigration within the specified time in due course.

Contact us!

If you have questions about divorce or any other type of legal enquiry, please do not hesitate to contact us on 020 7928 0276 or email into info@lisaslaw.co.uk.

lisaslaw@web

See Full Bio

News and Insights

Who are the Windrush Generation?

Mistreatment of the Generation?

Compensation Scheme – failing so far?

How long is the extension?

Criminal offenders

Circumstances leading to deportation

Legal assistance and Judicial Review

And, the right to appeal?

Contact us!

Holidays and Brexit

Passports:

Visa’s and European travel:

Driving around Europe:

Data roaming:

Brexit and Settled Status:

Can I still apply for settled status?

Pensions:

Contact us!

How are we getting involved?

How does this help Amnesty International?

What your gift could do:

Get in touch

Popular choices

What’s the point?

Are you eligible for Irish citizenship?

Contact us!

How long is the transition period?

What will happen during the transition period?

Will freedom of movement continue to apply?

Will it affect daily life in the UK?

Contact us!

What is the Global Talent Visa?

More settlement possibilities:

Benefits of a job offer

Requirements:

News for individuals currently under the Tier 1 (Exceptional Talent) visa:

Positive outlook

Contact us!

Main areas of interest:

Current rules:

Recommendations – Points based system:

What characteristics should earn applicants points?

Recommendations – Salary threshold:

Some other interesting recommendations regarding salary thresholds:

We will wait and see

Contact us!

Boris wants change

New rules?

An emphasis on skills

Everyone in agreement?

New immigration policy to come in sooner?

Contact us!

What are the changes?

Money saver:

More flexibility?

Maintenance and future alterations:

We will wait and see…

Contact us!

Contact us!

Subscribe to our newsletter