Legal update for week 21st March 2019 to 27th March 2019

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

27/3/19 Article Joint Committee on Human Rights warns Immigration Bill will remove important rights from EU citizens after Brexit

27/3/19 Updated list EU Settlement Scheme: ID document scanner locations Hereford, Liverpool, Slough and Worcester added

26/3/19 SM v ECO, UKVI Section C-129/18 children adopted under Algeria’s kafala system are not ‘direct descendants’ but entry must be facilitated under Art 3(2)(a) 2004/38 in light of Arts 7&24(2) of the Charter taking account of best interest of the child in particular

26/3/19 Guidance EU exit: eligibility arrangements to access public funds after free movement ends if there is no deal

22/3/19 Updated collection EU Settlement Scheme: applicant information stated change: evidence of relationship guidance added.

22/3/19 Government response Confirmation of UK Government agreement to Article 50 extension letter from UK’s Permanent Representative to the President of the European Council

26/3/19 EU Settlement Scheme: Assisted Digital service stated change: Assisted Digital home tutors list updated

25/3/19 Guidance EU Exit: Parameters of extending Article 50  factual note

25/3/19 News story Home Office launches nationwide campaign for EU Settlement Scheme nationwide marketing campaign to encourage EU citizens to apply early

Enforcement, detention, removal & deportation

27/3/19 Barrs [2019] EWHC 732 (Admin) dismissed extradition appeal on mental health grounds

21/3/19 Article Home Affairs Committee inquiry finds serious problems in every part of the immigration detention system

21/3/19 Lis & Anor v Regional Court in Warsaw, Poland & Anor (No 2) [2019] EWHC 674 (Admin) dismissed extradition appeals on Art 6 ECHR grounds; criminal charges with no political element and no indication that standards of justice would be affected

21/3/19 Updated guidance stated change: update to visitor identification requirements and inclusion of instructions for the handling of data and retention periods

Points based system

27/3/19 Updated lists Register of licensed sponsors: workers ; Register of licensed sponsors: students

26/3/19 Online tool Study in the UK on a general student visa (Tier 4)

26/3/19 Islam, R (on app of) [2019] EWCA Civ 500 on the requirements in Appendix A para.41-SD(e)(iii)(1) on specified documents for Tier 1 (Entrepreneur) Migrant.

General requirements of the rules and guidance, application process

27/3/19 News story Dedicated support centres for complex cases UKVI opened 7 dedicated Service and Support Centres across the UK to help those with complex cases

22/3/19 Information page Visas and immigration Service and Support Centres description: what happens at appointments, how long they take and locations

22/3/19 Information page Get a faster decision on your visa or settlement application priority service, super priority service; waiting times; checking eligibility

22/3/19 Information page UK Visa and Citizenship Application Services biometrics & supporting documents for in-country applications; UKVCAS service point locations; cost of appointments

Asylum process and practice

26/3/19 Article Asylum Information Database publishes updated report on asylum in the UK

26/3/19 Collection Funding instruction on UK resettlement programmes for local authorities re: refugees from Syria and the MENA (Middle East and North Africa) region

22/3/19 Updated asylum instruction Asylum claims in detention stated changes: new guidance structure and amendments to reflect operational changes to DAC which will no longer be responsible for managing the detention of those whose asylum claims they process

International protection

21/3/19 CPIN Sudan: country policy and information notes stated change: added new document: return of unsuccessful asylum seekers (but that note, at time of publication, is dated July 2018)

Human rights law

26/3/19 Haghilo v. Cyprus (App no. 47920/12) on detention pending deportation of an Iranian national in Cyprus

British nationality law

22/3/19 Updated collection Citizenship application forms most forms are withdrawn, online application process only – see letter PRCBC to Immigration Minister regarding unlawfulness of requiring citizenship applications tot be made online, see RLG posts of 23/3/19 at 9.50 am & 27/3/19 10.47 am

22/3/19 Updated collection Citizenship guidance all application guidance documents in this collection have been updated but no changes are specified within them

22/3/19 New collection Citizenship application forms: Channel Islands, Isle of Man and British Overseas Territories all 15 forms state ‘if you do not live in the Channel Islands, Isle of Man or a British Overseas Territory you can now apply online’, i.e. online application is not mandatory; and accompanying guidance Nationality forms guide: Channel Islands, Isle of Man and British Overseas Territories

Miscellaneous

27/3/19 Apply to Legal Aid Review Panel LAA is looking for exceptional solicitors, barristers and FCILEx with legal aid experience to join the Legal Aid Review Panel – deadline extended to 23/4/19

26/3/19 Updated OISC guidance OISC model documents stated change: updated client care letter added

26/3/19 Guidance The UK’s future skills-based immigration system: engagement programme consultation of a range of stakeholders, to shape the future immigration system

22/3/19 Updated LAA guidance stated change: updated guidance on contingency process

21/3/19 Updated OISC guidance Welcome to the OISC & OISC Consumer Satisfaction no changes are specified

21/3/19 how CWA works online: how to claim, bulkloading, outcomes, new matter starts and guidance