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Legal Updates

2 August 2012

Immigration Alert: Sponsor Licence Renewals

Those Sponsors who obtained their Sponsor Licence immediately following the introduction of the Points Based System in November 2008, will now be receiving notifications from the UK Border Agency (UKBA) regarding the renewal process. The emails will come from no-reply@homeoffice.gsi.gov.uk and will be addressed to the Level 1 user. Occasionally these emails go into the spam folder and so this should be checked regularly. A further notification will be sent to Sponsors 3 months prior to the expiry date when the renewal function will be activated on the Sponsor Management System (SMS). No documentation will need to be submitted with the application but Sponsors should be prepared to submit any documents which are subsequently requested by the UKBA within 7 days and they may undertake a compliance visit.

26 July 2012

Immigration Update: British Nationality Applications, Interviews for Students, and Sponsor Circumstance Changes

Changes to British Nationality Applications

From 16 July, it will no longer be possible to submit British Nationality applications to the British High Commission or British Consulate in the home country of the applicant. Instead, with the exception of Hong Kong, all applications will need to be submitted to the UK Border Agency (UKBA) in the UK. Where possible, original documents should be submitted, including passports. However, it has long been the practice to submit certified or notarised copies of passports with these applications, and the UKBA has confirmed that certified copies will continue to be acceptable, particularly in the case of applicants whose country’s rules forbid the sending of passports across borders. If a copy is submitted, the applicant may be asked to present the original passport to embassy staff in the applicant’s home country.

12 July 2012

Immigration Update: Changes to Applications from Overstayers and New Application Forms

Changes to Applications from Overstayers

Currently, individuals whose leave to remain (permission to stay) in the UK has expired have been able to submit an extension application any time up to six months after the expiry date of their existing visa. This is set to change. From 1 October 2012, any extension application submitted more than 28 days after a visa has expired will be refused. This change in the immigration rules will affect all points based system applicants, as well as those applying under all working and student routes, and the visitor, long residency and UK ancestry categories. It is also in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.

28 June 2012

Immigration Update: Family Visitor Appeals to be Abolished

With effect from 9 July 2012 new Immigration Appeals (Family Visitor) Regulations 2012 will come into effect. These set out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK. No changes are being made to the rules governing who can qualify for entry to the UK as a visitor and genuine visitors are welcome. These regulations will change the appeal rights of family visit visa applicants, for those applying to visit their uncle, aunt, nephew niece or first cousin, or a relative who does not have settled, refugee or humanitarian protection status in the UK. They will no longer have a full right of appeal if refused. A limited right of appeal will remain for these people on human rights and race discrimination grounds.

15 June 2012

Immigration Update: New Immigration Rules for Family Migration and other applications

 

A Statement of Changes to the Immigration Rules was issued on 13 June which covers a wide range of visa applications, including those to join or remain with family members in the UK, who are British citizens or settled persons. The new rules will come into effect on 9 July 2012. The new rules will also make changes to applications under the Human Rights treaty to incorporate them within the Immigration Rules, provision for those who have overstayed in the UK and will add South Korea as a participant in the Tier 5 Youth Mobility Scheme, with 500 places pro-rata for the rest of this year.


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