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FCA case against CACEIS UK raises points of interest for practitioners
James Alleyne
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.
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.
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.
The Migration Advisory Committee (“MAC”) today launched a call for evidence to enable them to review and report back to the Government on various issues around the Tier 2 Codes of Practice.
The Public Enquiry Office (“PEO”) in Croydon has confirmed that their IT system is not coping with the high increase in applications and urgently needs an IT upgrade. Consequently, all premium service same day appointments booked after 1 pm between 3 and 18 May 2012 are being cancelled by the PEO and texts to confirm this are being sent out to all applicants on the mobile number provided on the initial booking. No alternative appointments are being offered although the PEO has stated that for exceptional cases where an applicant’s leave is due to expire and they need to travel urgently, representations can be made to try to secure an alternative appointment. For all other applicants a postal application will need to be submitted. Kingsley Napley will be contacting all its clients who are likely to be affected by this and in the meantime Nick Rollason is continuing to meet with and liaise with PEO officials to try and devise a practical solution.
James Alleyne
Zoe Beels
James Bell
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