Stifford Legal Advice Centre

The Court of Appeal has transplanted the test for admitting new evidence in private law appeals into immigration law. Ullah v Secretary of State for the Home Department [2019] EWCA Civ 550 is about when the Home Office is allowed to ignore an appeal judgment because it has discovered new evidence which indicates that the decision was wrong. It raises questions about the finality of decisions and the extent to which the government should be allowed to ignore decisions of the immigration tribunals.

The Home Office rejects more than 70% of requests to waive fees for immigration and nationality applications by people who say they are facing destitution.The department rejected 72% of applicants seeking a fee waiver for their cases in 2018. The rate of rejections ranged between 72% to 90% over the last five years.
The number of rejections among child applicants was also high. Charges for immigration and nationality applications have steadily risen since 2010. Applicants have to provide proof they are destitute or would be made destitute if they paid the fees required.

If you’re an EU citizen, you and your family will be able to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status. The EU Settlement Scheme will open fully by 30 March 2019. The deadline for applying will be 30 June 2021.

Happy New Year 2019.

More Article 3 appeals rejected as Court of Appeal stands firm on Paposhvili. In MM (Malawi) [2018] EWCA , the Court of Appeal has again confirmed that there is indeed a discrepancy between the domestic law on Article 3 medical cases as set out in the House of Lords case of N v Secretary of State for the Home Department [2005] UKHL 31 and the recent European Court of Human Rights judgment in Paposhvili v Belgium (application no. 41738/10). The court also conceded that it is arguable that Paposhvili extends Article 3 protection to anyone who would suffer a significant reduction in life expectancy, though it did not adopt that interpretation itself.

Successive decisions of the High Court and Court of Appeal have reinforced the need for litigating parties to proactively consider and engage with invitations to explore settlement of their disputes through ADR .
The most recent addition to the growing and evolving ADR jurisprudence is the decision of Mr Justice Arnold in Shakir Ali & another v Channel 5 Broadcast Ltd [2018] EWHC 840 (Ch). As well as dealing with issues regarding Part 36 offers and costs budgets, Arnold J also considered the unsuccessful defendant’s argument that the claimants should be penalised in costs for having wrongly refused to engage in ADR.

what is affray?
Under the Public Order Act 1986, 'a person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety'.
So, though it may seem odd, the offence is not designed simply to protect those involved in the violent incident itself: it is also designed to protect other people who are present.
... This person is sometimes known as the hypothetical bystander and it is he or she rather than the victim, who must fear for his or her personal safety.
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A significant change has been outlined in the Rules relating to children is the creation of a new form of leave for children under section 67 of the Immigration Act 2016 (the Dubs amendment). This will ensure that those children who do not qualify for refugee or humanitarian protection leave will still be able to remain in the UK long term. Those who qualify for this new form of leave will be able to study, work, access public funds and healthcare and apply for settlement after 5 years, without paying a fee. The change underlines the government’s commitment to fulfil its obligation to the Dubs children and the spirit of the legislation.

DIVORCE IN ENGLISH LAW: UNHAPPY WIFE MUST STAY MARRIED, SUPREME COURT RULES:
A woman who wants to divorce her husband on the grounds she is unhappy has lost her Supreme Court appeal. Tini Owens, 68, from Worcestershire, wanted the court to grant her a divorce from her husband of 40 years Hugh, who is refusing the split.The Supreme Court unanimously rejected the appeal, meaning she must remain married until 2020.
... Under current UK law, unless people can prove their marriage has broken down due to adultery, unreasonable behaviour or desertion, the only way to obtain a divorce without a spouse's consent is to live apart for five years. In the case of separation, a couple have to prove only that they have been living apart (and that can include living in the same house provided they are not sharing a bed or living as a couple) for a certain period of time.
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EU CITIZENS STAY INFORMED:
If you are a European citizen ( EU) living in the UK, you and your family need to apply to the EU settlement scheme if you want to continue living in the UK after 31 December 2020. Non-British family member living in the UK by 31 December 2020 are eligible. Close family members not living in the UK by 31 December 2020 will be able to join their EU family member as long as their relationship still exists. Family members who are not EU citizens will need to show their relationship to an EU citizen living here in the UK

This would be a good start to get the in country right of appeal. The Home Secretary has decided to withdraw the appeal to the Supreme Court in Ahsan & others [2017] EWCA Civ 2009: lead ETS/TOEIC JRs, where the Court of Appeal held that “ an out of country appeal would not satisfy the Appellants rights to a fair and effective procedure..

Happy Diwali to all...

If you need emergency immigration service concerning removals please call us on 24/7 service or drop a message in our Facebook page.STIFFORD LEGAL ADVICE CENTRE- are an immigration specialist Lawyers in east London; we provide a fast, friendly, reliable, affordable and professional service. As specialist immigration and human rights Lawyers, we provide legal advice concerning all UK immigration and human rights matters.

We ( STIFFORD LEGAL ADVICE ) are an immigration specialist Lawyers in east London; we provide a fast, friendly, reliable, affordable and professional service. As specialist immigration and human rights Lawyers, we provide legal advice concerning all UK immigration and human rights matters as well as emergency immigration service concerning removals.
We can provide expert advice for the following immigration categories:
- EU Law related cases: Marriage/Cohabitation, Citizens...hip - Human Rights applications/ Fresh claims - Immigration status outside immigration rules/ Discretionary Leave - Legacy Cases/ including refusals - Spouse/ Fiancé & Fiancée visas -5 year family and private life route applications -10 year family and private life route applications - Family Reunion applications - Derivative (Zambrano) Applications - Child Access visas - Visit Visas/ sponsoring a visitor - Deception cases - Student visas, extensions, appeals & others - Point Based Applications - Sponsorship License for Businesses and Charities - Domestic Worker visas, extensions - Sponsoring family members of a Domestic Worker - Detention, Deportation, Bail application, an interim injunction - Immigration cases which have relation with Employment Law - Immigration cases which have relation with Criminal Law - All sort of Appeals at all levels - Judicial Reviews in the High Court - Business visas/ immigration - Investors, Entrepreneurs ,Help you with your business plan and development of it - ILR applications - Nationality And all other immigration cases. Please contact us directly or send me a message through our Facebook page .
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The Home Office is making changes to the Immigration Rules affecting a number of categories.
The government announced today, 3 November, changes to the Immigration Rules which will affect applications made on or after 24 November unless stated otherwise.
The main changes are outlined below:
... Tier 2 Implement the first of 2 phases of changes to Tier 2, announced by the government in March following a review by the Independent Migration Advisory Committee.
Increasing the Tier 2 (General) salary threshold for experienced workers to £25,000, with some exemptions Increasing the Tier 2 (Intra-Company Transfer) salary threshold for short term staff to £30,000 Reducing the Tier 2 (Intra-Company Transfer) graduate trainee salary threshold to £23,000 and increasing the number of places to 20 per company per year Closing the Tier 2 (Intra Company Transfer) skills transfer sub-category These changes will come into effect for all certificates of sponsorship assigned by Tier 2 sponsors on or after 24 November 2016. The date from which intra company transfers will be liable for the health surcharge will be announced in due course.
Tier 4 A number of changes are being made, including amendments to the academic progression rule, maintenance requirements for the Doctorate Extension Scheme and evidence of overseas qualifications, UK qualifications used as evidence, and a series of minor and technical adjustments.
English language requirement As announced in January this year, a new English language requirement at level A2 of the Common European Framework of Reference for Languages is being introduced for non-EEA partners and parents.
This affects those applying to extend their stay after 2.5 years in the UK on a 5-year route to settlement under Appendix FM (Family Member) of the Immigration Rules. The new requirement will apply to partners and parents whose current leave under the family Immigration Rules is due to expire on or after 01 May 2017.
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