Massive increase in family immigration fees for 2016-17 – Free Movement

Posted January 12th, 2016 in families, fees, immigration, news, visas by sally

‘The Home Office is proposing a massive 25% increase in already high immigration application fees for families for the year 2016-17. Family and spouse visas will in future cost £1,195. The maximum chargable for these applications will be increased from £2,141 to £3,250. The fee for a settlement application will increase to £1,875 and to £2,676 for Adult Dependant Relatives.’

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Free Movement, 12th January 2016

Source: www.freemovement.org.uk

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Could Donald Trump be given a visa ban preventing him travelling to the UK? – Free Movement

Posted December 10th, 2015 in freedom of expression, immigration, news, visas by sally

‘Following his attention seeking call for all Muslims to be banned from entering the United States, there have been calls for Donald Trump to be given a “visa ban” preventing him from coming to the UK. Is this feasible in UK immigration law?’

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Free Movement, 9th December 2015

Source: www.freemovement.org.uk

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Flaws in Home Office security forcing staff to rely on incomplete intelligence – The Guardian

Posted December 3rd, 2015 in computer programs, immigration, news, passports, reports, terrorism, visas by tracey

‘A security database used to identify potential terrorists entering the UK is breaking down twice a week forcing frontline staff to rely on incomplete intelligence, an official report has revealed. Independent auditors found that the warnings index system, which was supposed to be dismantled more than 12 years ago, is so unstable that it regularly collapses. The e-borders system which was supposed to replace it in 2011 will not be implemented before 2019 at a cost of more than £1bn, the National Audit Office report has concluded.’

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The Guardian, 3rd December 2015

Source: www.guardian.co.uk

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Immigration Rules changes – UK Visas and Immigration

Posted October 29th, 2015 in immigration, news, regulations, visas by sally

‘UK Visas and Immigration is making changes to the Immigration Rules affecting various categories.’

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UK Visas and Immigration, 29th October 2015

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

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Part 6 of the Immigration Bill – Free Movement

‘The second reading of the Immigration Bill in the House of Commons is today. We have seen how even more appeals will be out of country under its regime, and the greater powers given to immigration officers under Part 3. Part 6 – including Schedules 7 and 8 – offers a mix of provisions, including ensuring the UK complies with international law on blacklisted persons and introduces civil penalties for aircraft and airport managers if they do not ensure people go through control zones. The final section gives a raft of new powers to immigration officers (where have we seen that before?), this time to intercept and detain boats suspected of carrying undocumented migrants, and to arrest anyone suspected of facilitating illegal migration in to the UK.’

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Free Movement, 13th October 2015

Source: www.freemovement.org.uk

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Inspection of family visit visa system: serious problems remain – Free Movement

Posted August 25th, 2015 in appeals, families, immigration, news, reports, visas by sally

‘The family visit visa system underwent an inspection by the Independent Chief Inspector of Borders and Immigration last month. The posts inspected were Abu Dhabi, Accra, Amman, Dhaka, Kingston, Manila, Nairobi, New Delhi, Croydon and Sheffield. The Inspector confidently declares that there is “no evidence that the removal of the full right of appeal from Family Visitor visa applicants had led to a higher refusal rate or to an overall reduction in decision quality.”’

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Free Movement, 24th August 2015

Source: www.freemovement.org.uk

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Foreigners must disclose criminal records to come to UK – but European Union is exempt – Daily Telegraph

Posted July 21st, 2015 in criminal records, disclosure, immigration, news, visas by tracey

‘Immigrants from outside Europe will be required to provide details of their criminal records or be refused entry to Britain, under new measures to be introduced by the Government. From September everyone applying to come to Britain under certain visa routes will have to provide proof of criminal record checks from every country they have lived in for the last 10 years.’

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Daily Telegraph, 20th July 2015

Source: www.telegraph.co.uk

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Good news and bad for challenges to ETS fraud decisions – Free Movement

Posted June 18th, 2015 in appeals, fraud, immigration, news, tribunals, visas by sally

‘The Upper Tribunal has given judgment in a test case on ETS appeals and judicial reviews: R (on the application of Gazi) v Secretary of State for the Home Department (ETS – judicial review) IJR [2015] UKUT 327 (IAC). It is essential reading for anyone directly affected by the ongoing ETS saga and for their legal representatives.’

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Free Movement, 18th June 2015

Source: www.freemovement.org.uk

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International students – Education Law Blog

‘R (London College of Finance and Accounting) v Secretary of State for the Home Department (2015) EWHC 1688 (Admin) is yet another decision on an attempted judicial review of the suspension and/or revocation of a Tier 4 Sponsor Licence. The power of the Secretary of State (“the SoS”) to issue and regulate Tier 4 Sponsor Licences is one of a range of ancillary and incidental administrative powers vested in the SoS. The regime is effectively run by the ‘UK Visas and Immigration’ (“UKVI”) section within the Home Office and its operation is governed not by the Immigration Act 1971 itself, but within policy guidance documentation (‘Sponsor Guidance’) which is issued and amended on behalf of the SoS with “bewildering frequency” (per Lord Sumption in New London College).’

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Education Law Blog, 18th June 2015

Source: www.education11kbw.com

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Visit visa refusals: appeal or judicial review? – Free Movement

Posted May 12th, 2015 in appeals, families, freedom of movement, judicial review, news, visas by tracey

‘The removal of full rights of appeal for family visit visas has led to a legal dilemma to those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or should they launch an application for judicial review? The problem seems all the more acute with many reports of refusals to spouses or relatives who cannot meet the harsh family settlement rules or who would rather live abroad but still want to be able to visit their spouse’s friends and family in the UK.’

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Free Movement, 12th May 2015

Source: www.freemovement.org.uk

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Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

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Home Office confirms that EEA(FM) application form is not mandatory – Free Movement

‘In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates, residence cards and family permits do NOT have to use the forms provided by the Home Office.’

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Free Movement, 9th April 2015

Source: www.freemovement.org.uk

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Stranded Spouses and Immigration Control – Family Law Week

‘Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.’

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Family Law Week, 31st March 2015

Source: www.familylawweek.co.uk

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High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

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Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

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Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

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New immigration rules for visitors to the United Kingdom – Free Movement

Posted March 3rd, 2015 in immigration, news, regulations, visas by sally

‘A new set of rules for visitors to the United Kingdom has been introduced to take effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The changes were billed in advance as a simplification of the old rules. Closer inspection reveals a reduction in the number of categories of visitor but a great deal of added complexity to the way the rules are drafted and a new set of sub-appendices to the appendices. The Home Office is unique in the universe for its immunity to the Second Law of Thermodynamics, it seems.’

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Free Movement, 3rd March 2015

Source: www.freemovement.org.uk

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Lords inflict government defeat over visa laws – BBC News

Posted February 26th, 2015 in amendments, bills, news, parliament, visas by sally

‘The government has suffered a narrow defeat in the House of Lords over its Modern Slavery Bill.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

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Spouse migration rules ‘unfair’ to UK citizens, admits minister – BBC News

Posted February 11th, 2015 in citizenship, families, immigration, married persons, news, visas by sally

‘Home Office Minister James Brokenshire has admitted UK-born citizens who want to bring their spouses into the UK from outside the EU are getting a raw deal.’

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BBC News, 10th February 2015

Source: www.bbc.co.uk

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Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally – Free Movement

Posted February 10th, 2015 in appeals, freedom of expression, judicial review, news, speeches, visas by sally

‘The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert Spencer, the founders ‘Stop Islamization of America’, referred to by the Secretary of State as an anti-Muslim hate group. This contributor was previously unaware of Geller and Spencer’s work, but after 5 minutes on YouTube was in rare agreement with the Secretary of State. They had planned to visit the UK in the aftermath of the murder of Drummer Lee Rigby, to address a rally planned by the English Defence League in Greenwich on Saturday 29 June 2013, armed forces day.’

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Free Movement, 10th February 2015

Source: www.freemovement.org.uk

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McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

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Free Movement, 29th January 2015

Source: www.freemovement.org.uk

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