21 August 2014
Immigration update: Further details of NHS health surcharge announced
In our update on 17 January regarding the publication of the Department of Health’s response to the 2013 public consultation on migrant access and financial contribution to NHS provision in England (click here for a link). The Department of Health has now published an implementation plan to cover the phased roll-out of an NHS cost recovery scheme for all migrants, including EU nationals. This follows the introduction of The Immigration Act 2014 in May this year which contains provisions for NHS cost recovery. Secondary legislation will be passed later this year to pave the way for the anticipated roll-out from April 2015 of the ‘immigration health surcharge’. All migrants applying for a visa of more than six months’ duration will be required to pay the surcharge with their visa application fee.
7 August 2014
Immigration Act 2014: Marriage and Civil Partnership
Under the Immigration Act 2014, private landlords will be required to check the immigration status of tenants, and may be liable to a civil penalty if they do not do so, under IA 2014. The Home Secretary is also given the power to deprive a naturalised individual of their right to British citizenship, and new powers are created in order to clamp down on sham marriages and civil partnerships. Further, banks will be have to check the immigration status of individuals before opening an account and those unlawfully in the UK will not be able to obtain a driving licence. Unless otherwise stated the provisions come into force on a day appointed by the Secretary of State.
31 July 2014
Surrogacy and modern families – calls for increased regulation and extended parental order deadlines
My immigration colleague, Katie Newbury and I attended the Association of Lawyers for Children Conference last week, “Modern Families in Modern Britain: Is law keeping pace with medical and research advances?”
4 July 2014
EEA Nationals and Self-Sufficiency: Whose Resources Count?
Via ILPA, questions have arisen regarding the Home Office’s understanding of EU law regarding self-sufficient EU citizens. The problem appears to be that the Home Office has asserted, at least in one recent decision, that:
- The non-EEA family members cannot work in the UK until after the EU citizen has established that he or she is a worker under the (UK) Regulations and (EU) Directive; and
- The income of the non EEA family member cannot be taken into account to decide whether the EU citizen is self-sufficient.
11 June 2014
Immigration Update: No More Extensions for Tier 1 (General) Migrants
Following changes to the Immigration Rules in April this year, migrants holding a Tier 1 (General) visa will no longer be able to extend their leave after 5 April 2015 nor apply for indefinite leave to remain (ILR) in the UK after 5 April 2018.