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Legal update for week 1st November 2018 to 7 November 2018

7/11/18 Kousar & Ors [2018] EWCA Civ 2462 guidance on “Basnet” principle; FTT had no jurisdiction to hear appeal on application invalidated for failure to tick box for authorisation of fee payment

6/11/18 Nationality guidance Children of unmarried parents (automatic claims) changes are not specified

6/11/18 Information page Assisted Digital service: UK Visas and Immigration

6/11/18 Policy guidance Dependants of UK visa applicants (Tiers 1, 2, 4, 5) changes are not specified

6/11/18 Guidance EU Settlement Scheme updated for the second phase of the roll out

5/11/18 ILPA briefing: response to the JCHR Inquiry on the EU Settlement Scheme (login required)

5/11/18 Guidance Direct family members of EEA nationals changes to reflect the EEA (Amendment) Regs 2018 relating to dual nationals

5/11/18 Guidance Judicial review and injunctions changes to removal window guidance ( notification, changes, replacement, cancellation or extension – notices RED.0004/-5/-6

5/11/18 Updated forms Family joining refugee appendix 4 VAF4A ; Visit UK on government business VAFDIP2 ; Derivative residence card in UK DRF1 ; Transit UK on government business VAFDIP3 ; Diplomatic posting VAFDIP1 ; Diplomat’s dependant VAFDIP1 (Dep); North Koreans VAF2 ; Member of Armed Forces VAF AF changes are not specified

5/11/18 Policy guidance Tier 2 worker ;  Tier 1 (Exceptional Talent) ; Tier 1 (Entrepreneur) ; Tier 1 Investor ; Tier 1 (Graduate Entrepreneur) changes are not specified

5/11/18 Guidance English language requirement: family members under Part 8, Appendix FM and Appendix AF changes to reflect HC1534 esp. removal of requirement for original documents

5/11/18 Forms FLR(DL); FLR (P) ; SET(DV) ; FLR(HRO) ; FLR(FP) ; Extend stay after 10 years of lawful long residence LR(LR) ; Extend stay (Grenfell survivor) FLR(GT) removal of requirement to provide 2 passport photos

5/11/18 Modernised guidance Tier 1 (Graduate Entrepreneur) ; Tier 1 (Entrepreneur) stated change: removal of requirement for original documents

5/11/18 Modernised guidance Tier 1 (Exceptional Talent) stated change: removal of requirement for original payslips

5/11/18 Forms Family settlement VAF4A and appendix 2 ; Family settlement or reunion appendix 1 VAF4A ; Visit or for short-term stay VAF1A changes are not specified

2/11/18 IO (Nigeria), R (on app of) [2018] EWHC 2940 (Admin) JR of fresh claim and 3 periods of detention; nominal damages only for unlawful detention during one period

2/11/18 The Law Society – Price and service transparency practice note new SRA Transparency Rules come into force on 6/12/18 and price information must be published for a limited number of services specified in the Rules

2/11/18 ILPA Correspondence: Preliminary Information Questionnaire to LAA and to Home Office (login required)

2/11/18 He [2018] CSOH 103 failed JR of rejected trafficking claim; case summary here

2/11/18 Islam, R (on app of) [2018] EWHC 2939 (Admin) detention and removal of the Claimant from the UK before the hearing of his “Sala” type appeal was held to be lawful

2/11/18 Bah, R (on app of) [2018] EWHC 2942 (Admin) unlawful detention: diagnosis of and medication for psychotic illness were significant changes; failure to assess case at Level 3 under the AAR policy was contrary to the evidence

2/11/18 R (on app of Liral Veget Training and Recruitment Ltd) [2018] EWHC 2941 (Admin) unsuccessful JR of withdrawal of Tier 2 sponsorship licence for jobs failing to meet description

2/11/18 Guidance Handling complaints in immigration removal centres DSO 03/2015

2/11/18 New guidance New UK Visa and Citizenship Application Services centres open ; UKVI’s new front end services: what you need to know

2/11/18 List of approved providers Applying for a UK visa: approved English language tests changes are not specified

2/11/18 New guidance EU Settlement Scheme: suitability requirements

1/11/18 Updated guidance EU Settlement Scheme: employer toolkit stated changes: html versions added

1/11/18 Modernised guidance Tier 4 – changes are set out in detail on p9 of the guidance – refer to this directly

1/11/18 EU Settlement Scheme pilot: applicant information for pilot 1/11/18-21/12/18

1/11/18 EU Settlement Scheme: application processing times page also links to who is eligible to take part in second stage pilot

1/11/18 EU Settlement Scheme: evidence of UK residence stated change: updated evidence lists, added guidance for those who do not have enough evidence in their own name

1/11/18 Forms SET(F) ; SET(M) ; SET(O) ; SET(AF) stated change: paper application form withdrawn, you must now apply online

1/11/18 Guidance Knowledge of language and life in the UK stated changes: to reflect the changes to the Immigration Rules in effect on 1/11/18

1/11/18 Policy guidance Tier 4 stated change: updated in line with the immigration rules on 1 November

1/11/18 Guidance guide AN and booklet AN changes are not specified

31/10/18 ST (Afghanistan) [2018] EWCA Civ 2382 FTT had lawfully held an Afghan national could internally relocate within Afghanistan, notwithstanding persecution by the Taliban

31/10/18 Chanda [2018] EWCA Civ 2424 false documents and deception under general ground for refusal 322(1A) are issues which are to be considered separately

7th November 2018

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