Welcome to another huge MIL subscription update! It has taken us longer to produce all the updates this month, due to the uploading of Zoom sessions to your Updates & Documentation module. You now have hours of recordings for free! Please log in and check them out, do not forget to include in your training plan.
As Pre-ordering for 2020 Edition has now begun, if your renewal is due you will be receiving the 2020 edition manual in September. Updates are instantly available now within the resource, here are the latest updates:
1.3.6 Overstayers and illegal entrants (and the hostile environment): new case law added – R (W, A Child) [2020] EWHC 1299 (Admin) (21 May 2020) on the legality and application of the no recourse to public funds condition
1.5.7.4 Fee waivers:
- New paragraph added – ongoing litigation at this time finding fee waiver unlawful
- New paragraph added – link to procedure for entry clearance fee waivers and new paragraph added
1.5.8 Decisions – validity of notice; professional skills and conduct relevant to dealing with decisions: new case law added – Mizanur Rahman [2019] EWHC 2952 (Admin) on proving lack of service
1.5.10 Varying an application: new case law added – Bajracharya [2019] UKUT 417 on the effect of successive variations and validity issues
4.2.12 Children in the care of a local authority: new paragraph on ILR outside the rules for looked after children, and policy references added
4.2.16 Section 67 leave – Dubs Amendment leave: added government news story, policy statement and factsheet
4.3.10 Challenging NRM decisions: new case law added – JS [2020] EWHC 500 (Admin) on the policy requirements for reviews, which include the scrutiny of a second pair of eyes to be evidenced
6.1.5.2 ‘Suitability’ at the leave to remain stage: update from Statement of Changes CP232
6.2.9 Decision in partner applications under Appendix FM: added reference to changed requirement as to where fiancé/proposed civil partner marriage or civil partnership must take place
6.2.3 Financial requirement: added temporary, COVID-19 temporary concession relating to the minimum income requirement in Appendix FM application
7.2.1 Innovator Visa: updates from Statement of Changes CP232
7.2.4.1 Start-up route: updates from Statement of Changes CP232 on UKVI power to override endorsement bodies, and further definition of “viability”
7.2.4.2 Tier 1 Exceptional Talent and Global Talent: clarification, in accordance with CP232, on Exceptional Talent leave holders applying to extend leave
7.3.3 Tier 2 ICT: added information on closure of settlement in this category
7.3.6 Skilled workers under the new system from 2021: added EIN article; House of Commons Library overview of new system; and UKVI information for employers guidance document
9.3.4 Age assessment: new case law added – TN [2020] EWHC 481 (Admin) on the detention of those later determined to be minors
9.6.2.2 Case law on fresh claims: new case law added – Chandran [2020] EWCA Civ 634
11.6.4 Retained rights of residence: added reference to EUSS widening of the category to other family members; edited whole section for clarity and contrasting EUSS and retained rights under the 2016 Regs
11.6.8 Settled and pre-settled status (‘ILR/LTR under Appendix EU’):categories, procedure and differences between Appendix EU and the EEA Regs: added paragraph on inclusion of people of Northern Ireland in the definition of “EEA national” from 24 August 2020
11.6.8.1 Differences between the EEA Regs and leave under Appendix EU: reference to the widened EUSS DV provision added
11.6.8.4 Definitions from Annex 1 of Appendix EU Part 1:
- reference to addition of people of Northern Ireland added
- new subsection added – “Person with a retained right of residence”
11.6.8.8 Application procedure and guidance:
- rewrite of section to add more detail
- inclusion of updates from updates from Statement of Changes CP232 regarding email option for paper forms and translation requirement
11.7.2.3 Imperative grounds of public security: new case law added – Hafeez [2020] EWCA Civ 406 on periods of imprisonment and residence counting towards that required for the highest level of protection against expulsion to apply
11.8.3 In-country and out-of-country appeals: new case law added – Garrec [2020] EWCA Civ 621 clarifying the correct forum for interim relief against removal pending an EEA appeal hearing
12.5.4 The good character requirement: added clarification in updated guidance on how lawfulness of residence will be assessed in the case of applicants who gained ILR via the EUSS scheme
13.1.9 Unlawful detention: new case law added – Badmus [2020] EWCA Civ 657 on low-paid work by immigration detainees
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