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Legal update for week 4th April 2019 to 10th April 2019

Immigration control and the hostile environment

10/4/19 New guidance Windrush Compensation Scheme casework guidance

10/4/19 Updated guidance Windrush Compensation Scheme stated change: new information on Windrush engagement events

9/4/19 New information page Windrush brings together all guidance and documents relating to the Windrush generation.

9/4/19 New guidance Right to work checks: long-resident non-EEA nationals and Windrush generation for employers considering long-resident Commonwealth citizens and other long-resident non-EEA nationals

9/4/19 Right to rent checks: long-resident non-EEA nationals and Windrush generation Guidance for landlords wishing to rent private residential property in England to long-resident Commonwealth citizens and other long-resident non-EEA nationals

4/4/19 Article More than 70% of UK immigration fee waiver requests by destitute are rejected

European Union law, EEA free movement, settled status and Brexit

11/4/19 Article PRCBC updates information for EEA and Swiss national children, Home Office announces funding for settled status help

10/4/19 Updated Modernised Guidance Points-based system: Tier 5 (Temporary Worker) stated changes: seasonal worker scheme added, religious workers can no longer work as ministers, cooling off period for charity- and religious workers, link to new definition of professional sportsperson

10/4/19 New story Funding awarded to support vulnerable EU citizens apply for settled status

9/4/19 MS (Malaysia) [2019] EWCA Civ 580 held that an adult primary carer of an EU citizen can acquire a derivative right to reside; availability of state-funded medical and social care is not to be a trump card in assessing compulsion to leave

9/4/19 Updated collection EU Settlement Scheme: applicant information stated change: information for overseas applicants added – new guidance ‘applying from outside the UK’

8/4/19 Updated promotional material EU Settlement Scheme: employer toolkit and EU Settlement Scheme: community leader toolkit stated change for both: added Z card: EU Settlement Scheme overview for EU citizens in the UK

8/4/19 Updated guidance EU Settlement Scheme: Assisted Digital service stated change: various Assisted Digital locations added

5/4/19 Updated collection in Modernised Guidance EEA, Swiss nationals and EC association agreements (modernised guidance) stated change: added EU Settlement Scheme: family permits guidance

Points based system

9/4/19 Updated list Employer sponsorship: restricted certificate allocations for employer sponsorship in Tier 2 (General)

10/4/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

5/4/19 ILPA correspondence: Letter to Richard Jackson of UKVI re Innovator and Start-up routes and response (login required)

5/4/19 Updated guidance English language requirements: skilled workers stated changes: to reflect the introduction of the Start-up and Innovator categories, and to make corrections to the section on previous grants of leave

4/4/19 Updated guidance Tiers 2 and 5: guidance for sponsors stated changes: list of changes are on pages 12-14 of the guidance


5/4/19 Updated guidance Visit guidance stated changes: list of 7 changes are set out on page 6 of the guidance, inc re: prospective entrepreneurs, frequency of visits where looking after a child, definition of ‘professional sportsperson’, position on PPE as multi-entry clarified, and clarification on unaccompanied children

5/4/19 Updated guidance Transit guidance stated change: reference to refusal templates updated

Enforcement, detention, removal & deportation

5/4/19 Updated Enforcement Guidance Immigration bail stated changes: adjustments to ‘Immigration bail conditions: residence’, ‘First-tier Tribunal grants immigration bail’ and ‘Meeting bail conditions: Secretary of State support’

5/4/19 New form Application for immigration bail accommodation (exceptional circumstances – Article 3 ECHR) BAIL 409 form

4/4/19 G.S. v. Bulgaria (App no. 36538/17) decision to extradite the applicant to Iran would give rise to a breach of Art 3 owing to the possible punishment of flogging – press release here

4/4/19 Binbuga (Turkey) [2019] EWCA Civ 551 dismissed deportation appeal as appellant was held to be a ‘persistent offender’ under Part 5A NIAA 2002 despite subsequent period of non-offending partly spent in prison

3/4/19 Holownia [2019] EWHC 794 (Admin) on the level of damages for detention of EEA national under now unlawful rough sleepers policy and treatment while on hunger strike

Asylum process and practice

4/4/19 NS, R (on app of) [2019] EWHC 861 (Admin) on age assessments in trafficking cases and the different test applied to child victims of trafficking – case note here

International protection

10/4/19 Updated CPIN Nigeria: country policy and information notes stated change: updated background note and added internal relocation note

British nationality law

10/4/19 Updated Nationality Guidance Form NS: guidance no changes are specified

4/4/19 Updated Nationality Guidance Naturalisation as a British citizen by discretion: nationality policy guidance stated changes: removal of “original” in relation to supporting documents and inclusion of the EU Settlement Scheme (EUSS) being classed as indefinite leave to remain (ILR)

Appeals, administrative review and judicial review

5/4/19 Updated guidance Administrative review: EU Settlement Scheme stated changes are set out on page 4 of the guidance, including on applications from outside the UK and when the fee is refunded

2/4/19 KP (Pakistan) & Anor [2019] EWCA Civ 556 CA was held to have no jurisdiction to hear appeal against Tier 1 (Entrepreneur) refusal in a Scottish tribunal

Family based applications

2/4/19 Hernandez [2019] CSIH 21 unsuccessful challenge of refusal to consider a fresh claim on ‘insurmountable obstacles’ grounds


9/4/19 Updated LAA guidance Legal aid guidance stated change: updated Civil Contact Desk Aid

8/4/19 Updated guidance New Zealand: apply for a UK visa ; Australia: apply for a UK visa stated change: updated ‘how to apply’ section

8/4/19 News Story Civil news: new matter start increases and quality requirements clarification on when new matter start increases require additional quality requirements to be met under the 2018 standard civil contract

8/4/19 Updated LAA guidance Civil legal aid: means testing stated change: guidance updates – 2019/2020 rates

8/4/19 Article Government criticised for claiming legal advice is not necessary for immigration applications

8/4/19 Updated LAA guidance Legal Aid Agency payments to providers stated change: Provider Statement of Account delivery dates have been updated.

7/4/19 Updated LAA guidance stated change: new guidance on Bulk Upload spreadsheet and Claim Amendment form

5/4/19 Article

5/4/19 OISC statutory guidance List of prohibited or suspended immigration advisers immigration advisers who have been prohibited or suspended by the Immigration Services Tribunal

5/4/19 National statistics User guide to legal aid statistics in England and Wales supplements the quarterly legal aid statistics bulletin by providing a comprehensive guide to the statistics and how to use them

4/4/19 Updated collection stated changes: Home Office responses to three reports, including on fees and the good character requirement for young people



11th April 2019

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