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Relaxation of Rules on Absences Calculation

Certain visa categories including Tier 1 entrepreneurs and  Tier 2 (General) workers require an Applicant to show “continuous residence” for a 5-year period when applying for indefinite leave to remain in the UK.

“Continuous residence” can be broken by absences of 180 days or more in 12 months. This used to mean that an Applicant should not have been out of the UK for more than 180 days in any of the 5 years preceding the date of their application.  A new rule brought in on 11th January 2018 meant that an application could be refused if at any point over the 5 years in question the limit was exceeded in any rolling 12 month period.

The new rule was applied retrospectively and has led to widespread condemnation. It has now, from 6th July 2018,  been relaxed, meaning that it won’t apply to absences occurring during leave granted prior to 11th January 2018.

For more information about this or for any question about applying for indefinite leave please contact Jenny Harvey on info@jennyharveyimmigration.co.uk.

Croatian Nationals – unrestricted rights to work in the UK

Croatian Nationals – unrestricted rights to work in the UK as of Sunday 1st July 2018.

 

From that date, employers may accept Croatian passports as proof of the right to work and Sponsors will need to update their systems as employees will no longer need authorisation to work.

Employers – a new guide on right to work checks

Employers – a new guide on right to work checks has been published.

 

Please see link below.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720858/29_06_18_Employer_s_guide_to_right_to_work_checks.pdf

New Home Office Forms Introduced on 6th April 2018

You will need to check that you have completed the most recent version of your application form.

 

For assistance with this or any aspect of your application please contact me on info@jennyharveyimmigration.co.uk

Request for Personal Information – Updated Guidance

This could be useful when calculating absences from  the UK for the purposes of applications including those for naturalisation.

https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration/request-personal-information-held-by-uk-visas-and-immigration 

Some positive changes for Tier 4 students

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Positive news for EU migrants who become British citizens

The Court of European Justice has overturned the Home Office stance that EU migrants who become British can no longer be joined by family members under European law. This has been difficult for some of those who have acquired British nationality since arriving in the UK and who have wanted their non-EU spouse to join them.  Until the ruling on 14th November those British nationals would generally have to have met the usual income threshold of at least £18,600.

For advice on this or on how to become a British national please contact me on info@jennyharveyimmigration.co.uk

Banks and Building Societies required to carry out immigration status checks

From today , banks and building societies are  required to close the current accounts of people “disqualified” from holding bank accounts because of their immigration status.

The Home Office will tell them who is “disqualified”.

Recent tests have shown  errors in the Home Office database and it’s likely that disruptive and costly mistakes will be made at the expense of people who are legally in the UK.

Please get in touch if this happens to you and you need some help.

New Guidance for People Needing help with Immigration and Asylum

The Solicitors’ Regulation Authority has been involved in publishing new guidance for members of the public looking for legal advice on immigration or asylum . It explains the difference between various types of lawyers and who regulates them , the importance of asking questions when choosing a lawyer and what can be expected of a good advisor.

Download Need help with your immigration and asylum issues? What you need to know.