Okafor & Co Solicitors

Retained Rights of Residence for non-EU spouses who are not in work, after divorce !
The Upper Tribunal has ruled that non-EU spouses who divorce their EEA spouse can still remain in the UK if they are temporarily out of work. This means that when someone who has given up work during marriage gets divorced from an EU citizen, they will still be able to lawfully live in the UK while they look for a job.
* Gauswami [2018] UKUT 275 (IAC).

Irish nationals are now considered "settled" in the UK - Home Office concedes.
It has finally been conceded by the home office that Irish citizens living in the UK are considered "settled" for the purposes of immigration law.
Irish nationals are treated differently in UK immigration law to any other nationality, as the Common Travel Area joins the UK and Republic of Ireland in a free movement zone independently of the European Union.
... This special status includes an Irish citizen having legal permission to live in the UK permanently as soon as they take up ordinary residence in the UK. They can however be deported for a criminal offence.
Irish citizens' right of residence in the UK is not reliant on the UK's membership of the EU.
**Home Office Statement of Intent -21/06/18
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Latest Migration Statistics !
Latest figures from the Office for National Statistics (ONS) show the following:
- net migration to the UK for the year ending December 2017 was +282,000.
... - net migration has fallen, following record levels in 2015 and early 2016.
- immigration has remained stable at around 630,000 and emigration has shown a gradual increase since 2015 and is currently around 350,000.
- migration from the EU to the UK is at its lowest for 4 years and a record 139,000 EU citizens emigrated from the UK last year.
# ONS Quarterly Report - year ending December 2017.
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Changes to the EEA Regulations !
The changes will come into force on the 24th July 2018.
Some of the changes are as follows -
... * following the decision in the case of LOUNES, dual nationals can still retain their free movement rights.This means that if you are German living in the UK who has now been granted British citizenship, you can still use your German nationality to sponsor a family member.
* You can still be a primary carer of an EEA national child even if the other parent has indefinite leave to remain.
* EEA family permits can be issued in an electronic format.
- The Immigration (EEA) ( Amendment) Regulations 2018
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Home Office to pay damages for detention of immigrant claimant !
The Court of Appeal upheld an award of damages for false imprisonment in the context of immigration detention.
The claimant had a curfew in place for two and a half years.The curfew required him to stay at his home address between 11pm and 7am every day. He was fitted with an electronic tag and was told that he would face imprisonment if he failed to comply with the terms of the curfew.
... In the light of the decision in R ( on the application of Gedi) v SSHD, it was held that the secretary of state had acted unlawfully in imposing the curfew as she did not have the powers claimed under the Immigration Act of 1971.
- R (on the application of Jollah) v SSHD [2018] EWCA Civ 1260.
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Same-sex spouses should benefit from free movement rights - says Court of Justice of the European Union (CJEU) !
Following a reference made to the Court of Justice of the European Union (CJEU) by the Romanian Constitutional Court, the CJEU has ruled that 'spouses' in Directive 2004/38 include same-sex spouses.
This marks a big step in the advancement of the rights of same-sex couples.
... - C-673/16 Relu Adrian Coman and Others v Inspectoratul General pentru Imigrari & others. 5-6-2018
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Right To Rent Scheme - Legal Challenge to be heard this week !
The Joint Council for the Welfare of Immigrants (JCWI) are challenging the government's Right to Rent Scheme on the grounds that the scheme breaches discrimination laws.
Under the scheme, every new tenant has to prove to private landlords that the tenant has the right to live in the UK. A landlord faces a fine or even prison if he or she rents out his/her property to someone with no right to be in the UK.
... JCWI believes that the scheme contravenes the Human Rights Act and the European Convention of Human Rights which prohibits that kind of discrimination.
The case will be heard in the High Court this Wednesday the 6th June 2018.
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Immigration checks on bank accounts to be suspended !
The Home Office have announced that immigration checks on bank accounts are to be suspended in the wake of the Windrush scandal.
The Home Secretary Sajid Javid has confirmed that banks had been asked to suspend the closure of accounts which checks had identified as belonging to migrants who were in the UK illegally.

Detention of vulnerable people - New Definition of torture .
Following a change to rule 35 of the Detention Centre Rules, a new definition of "torture" will come into force on the 2nd July 2018.
Previously, acts committed by non-state actors ( such as paramilitaries or terrorist groups) were actually excluded from the definition. Victims of such acts could still be detained by the home office in detention centres. Following a change to come into force in July, this will no l...onger be the case.
- Detention Centre ( Amendment) Rules 2018.
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WINDRUSH SCANDAL !
We are getting more and more enquiries from people in relation to this matter and we have been making representations to the home office on behalf of some of them.
Please feel free to make contact with our firm on 0208 594 7266 or 07985903230 if you or any relative of yours arrived in the UK from any commonwealth country before 1973.
... if you also know anyone who has already been sent home, please contact our office.
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Homeless Reduction Act 2017 now fully in force.
From the 3rd April 2018, there will be a major change in the way councils respond to eligible homeless people.
Some of the changes are as follows -
... - the period in which a household is defined as 'threatened with homelessness' is no longer 28 days. The period is now extended to 56 days.
- there is a new 'prevention' duty. Local authorities must take reasonable steps to prevent the threatened homelessness of anyone.
-there is now a duty on local authorities to develop and agree with applicants a personalised plan of the steps that will be taken to prevent or relieve homelessness.
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New Statement of Changes to Immigration Rules published.
Clarifications have been made to Appendix FM.
The purpose of the change is also to make the annual update to the Appendix V list of Permit Free Festivals.
... The changes take effect from the 6th April 2018
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Know Your Rights Guide - a new publication !
The new easy-to-read guide aims to help migrants understand their rights and how to assert them.
Each section in the publication provides a brief overview of the law and explains what you can do if you face challenges to your rights.
... Published by Migrants' Rights Network. Date of Publication: today the 14th March 2018.
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OUR NEW ADDRESS.
Okafor & Co Solicitors are now at Unit 8, Ground Floor, Monteagle Court, Wakering Road, Barking, Essex IG11 8PL.
All other details remain the same.

Latest Migration Figures for the UK.
Latest figures released by the Office for National Statistics yesterday shows that -
- net migration fell slightly but remains close to 250,00 despite Brexit.... - fewer EU citizens are coming to the UK as the numbers leaving the UK continue to increase. - Non-EU net migration increased over the last year. - the figures are well short of the government's target to reduce net migration to below 100,000.
ONS Bulletin published on 22/2/2018.
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Monthly Quota for skilled non-EU workers hit for 3rd month in a row !
For the third month in a row and only for the fourth time since a quota was introduced in April 2011, the visa cap for skilled non-EU workers coming to the UK has been hit. This means that many highly skilled workers from outside the EU will be unable to take up their posts, until the number of applications starts to fall away or there is a change in the government's approach.
This is bad news for UK businesses as evidenced by hundreds of Home Office emails sent to UK Businesses on the 15th February 2018.

Family Separation and Refugees in the UK.
A new report published jointly by Oxfam and the Refugee Council -
- has called on the UK Government to expand the criteria for who qualifies as a 'family member' for the purposes of refugee family reunion ( grandparents, parents, siblings and children over 18 are currently not eligible).
... - has also called on the UK Government to reintroduce legal aid for refugee family reunion cases.
The report is titled 'Safe but not Settled': the impact of family separation on refugees in the UK (Joint Research - 01/2018).
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Psychological tests on gay asylum seekers !
The Court of Justice of the European Union has ruled that national authorities may not prepare and use psychologists' expert reports to assess the sexual identity of an asylum seeker.
- C-473/16 F v Bevandoriasi es Allampolgarsagi
... The case involved a gay Nigerian man who claimed asylum in Hungary on the grounds of his sexual identity.
Here in the Uk, the current asylum policy instruction says that "......where a psychiatric expert opinion about sexual orientation is submitted, caseworkers must be mindful that being gay, lesbian or bisexual is not a mental disorder; there is no medical or psychological methodology for establishing an individual's sexual orientation.........."
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Excellent services from experts in the Legal profession. Okafor & Co Solicitors are the best choice anytime.