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.
25 July 2012
Has Britain closed its doors to elderly dependant relatives?
Yes, the elderly dependant relative immigration category is now closed. Well, that is not strictly true, but it may as well be as the threshold to make an application under the new rules has been set so high that it is difficult to imagine circumstances where it would still apply in practice.
20 July 2012
New rules for family migration – unrealistic specified documents
A few of us from the immigration team recently attended the Joint Council for the Welfare of Immigrants (JCWI) and Migrants’ Rights Network (MRN) event on “The new family migration rules: dividing families, disrupting integration”, which was hosted at the Houses of Parliament. The event was well attended but the discussion was unfortunately somewhat unfocussed, and the issue of how practitioners and applicants will deal with the changes to the family rules (which came into force on 9 July 2012) in practice, was not discussed.
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.