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LEGAL SERVICES - IMMIGRATION
with Jennifer Housen
The Phoenix – September 2013
IMMIGRATION UPDATE – SUMMER 2013
W
hilst we have been quiet in the column for the past month, that has not been true of immigration law generally. The Government has introduced a range of new measures which will greatly affect immigration applications being made. The Court has also had an input in certain changes and I have tried to summarise the more important changes and their effect.
£14,000 per annum, the Court’s view was that the income threshold was disproportionate and unjustified. The judge gave guidelines for consideration and criticised the lack of discretion available. This judgment will offer hope to thousands who simply found the £18,600 threshold difficult and onerous.
Right of Appeal for Family Visitors Abolished
Derivative Residence Card
In July 2012, EEA nationals received certain rights under new amendment Regulations that were introduced. The new laws allow for certain persons to be able to get a right to live in Britain in circumstances, for example, where they have a child who is an EEA national or caring for an EEA national relative. What has been interesting recently, however, is that the application form for this new Derivative Residence Card also provides that persons who are caring for British citizens can also apply for this Residence Card. This is a refreshing and welcoming change although there are drawbacks with the extent of
the rights persons have. It means, therefore, that where it was difficult before to regularise status if an overstayer was caring for a relative or other person in the UK as primary carer, with the new Derivative Residence card, he/ she can now legalise his/her stay in Britain.
New Hope for Low Earners Filing for Partners
An important judgment was
handed down on 5 July 2013 in the case of MM v SSHD (2013) which gives relief and hope to families especially spouses and partners filing for their non-UK spouse/partner, where the £18,600 threshold has been proving a difficulty. The Court has reviewed the requirement and, considering the UK minimum wage of £12,850, with most government workers making about £13,000-
From 25 June 2013, the right to appeal against refusal for a family visitor visa has been abolished. Prior to that date, where close family was refused a visa, an appeal could be made and the applicant submit further information to support their claim rather than make a fresh application. Now, any person who is refused a visitor visa, regardless of their relationship with the Sponsor in the UK, is not allowed a right of appeal, rather, they must submit a new application. This is really a ‘double edged’ sword, as given there was a charge of £140 for an appeal, with a wait of some six (6) months for a hearing, then persons applying for a six month visitor visa will
be somewhat better off as a new application would be at the same fee of approximately £90, and the wait remains approximately 15 days. For persons making applications for 2, 5 and 10 year visas, however, the cost will be more prohibitive in making a new application. Thus, it is extremely important that persons try to ‘get it right first time’ by seeking appropriate advice before applying.
Visa ‘Security Bond’ to be introduced
In June 2013 The Government announced that it was planning to introduce ‘security bonds’ for visitors coming to the UK from India, Pakistan, Bangladesh, Sri Lanka, Nigeria and Ghana which it considers are ‘high risk’ countries. The intention is that from around October 2013, persons from these countries coming to visit the UK will have to pay a bond of £3,000
before a visitor’s visa is issued. In the event the applicant does not return to his/her home country, the bond would be forfeited. There have been angry reactions from the countries targeted, and there has been a subsequent suggestion that the bond may be lowered. However, it does appear that it will be introduced. Of course, if it does come on stream, then it is likely that it will extend to other countries and, therefore, even if your country is not currently on the list, then keep reading our page to see if it does eventually.
Landlords to be “Immigration Police”
The Government had recently announced that it would require all landlords to check all prospective tenants’ immigration status before allowing them to rent flats and to only rent to persons who are legally in the UK. Failure to carry out the checks would result in a huge fine. After some ‘backlash’, that the majority of private landlords, the government seemed to have diluted its position, but it is highly unlikely that that will be the last we hear of the matter. Watch this space.
And Finally…
You can now get free immigration advice for the UK, USA, and Canada by listening to Jennifer Housen as she is joined by a USA and Canadian immigration expert on Jamaican radio which you can tune in to (and ask questions) via the internet at http://nationwideradiojm.com on Mondays at 4:00 p.m. to 5:00 p.m. UK time (10:00 a.m. to 11:00 a.m. Jamaican time). Please remember to seek advice from a registered and regulated firm of Solicitors as there are many inexperience and unregistered persons who will take advantage of persons in vulnerable immigration circumstances. You may contact Jennifer Housen to book a confidential consultation by calling (020) 7738 6081. Consultations are also available in Birmingham and on weekends by special appointment only. Join us on facebook at http:www.facebook.com/immigrationuk.
Disclaimer: The information on this page is for general information purposes only. Nothing in this column, or associated pages, advertisements, documents, comments, answers, responses or other communications in connection with it should be taken as legal advice for any individual case or situation. The information in this column and on this page, or viewing of this information does not constitute a legal relationship or legal privilege, nor is it intended to be relied upon, solely or otherwise, as a basis of legal advice for subsequent action.
http://www.facebook.com/immigrationuk
About Jennifer
J
ennifer Housen is a barrister-at-law qualified to practice in England & Wales. Additionally, she is an attorney-at-law qualified to practice in the USA in the state of New York, and also qualified to practice in the Caribbean island of Jamaica. Jennifer was born in Jamaica and moved to Britain as a teenager. Jennifer gained experience in immigration law having been an oversight Director of Programmes on the Immigration & Asylum Accreditation Scheme when the UK government sought to set an assessment framework all for immigration lawyers and advisors. Building on her academic experience in the area, Jennifer’s immigration practice has helped thousands of applicants with their immigration matters including entry clearance, visitor applications, deportations, removals and leave to remain. She has particular associations with the Caribbean community and has a dedicated immigration office, Immigration UK Limited, in the Jamaican capital of Kingston, which has assisted her many clients over the last few years. She has appeared as a guest adviser on immigration law on several radio and television programmes in Jamaica and the UK. With an expanding immigration practice, and conscious of the needs of her clients in the UK who she had assisted with their entry clearance visas, Jennifer opened The Immigration UK Partnership in July 2011, together with Kemesha Lynch, an experienced immigration solicitor. The Immigration UK Partnership has worked intimately with its clients in their immigration matters including detention, indefinite leave to remain, discretionary leave to remain and deportation matters. The firm continues to go from strength to strength as it takes a personal and sensitive approach to its clients and their needs. The firm further supports its clients and the community by delivering free immigration seminars at various locations/times throughout the year. The Immigration UK Partnership’s office is in Brixton, London, however Jennifer is able to see clients in Birmingham by appointment. Questions can be asked through the firm’s Facebook page, but responses are limited as individual circumstances differ and may require an appointment. Jennifer Housen, Barrister-at-law (England & Wales), Attorney-at-law (USANY & Jamaica).