Edgewater Legal
6 Contributions by Edgewater Legal Experts
PRACTICE NOTES
The UK’s choice to exit the European Union has made a comprehensive reassessment of the country’s immigration framework necessary. On 18 September 2018, the Migration Advisory Committee (MAC) released its final report on European Economic Area (EEA) migration in the UK, designed to provide an evidence base for shaping a new migration system to operate after the end of the implementation period from 1 January 2021. The report sets out multiple conclusions on the effects of EEA migration to the UK, together with a series of proposals which, if taken forward, would have a significant bearing on the way EEA nationals are permitted to participate in the UK labour market once Brexit has taken effect.
However, the document does not tackle whether EEA nationals ought to be treated differently within the family migration system, observing only that there could be large effects which should be taken into
Immigration
PRACTICE NOTES
The process permits the removal of a non‑British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). These provisions provide the legal framework for such action.
A deportation order has several consequences:
it compels the person to leave the UK
it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force
it bars the person from re‑entering the UK unless, and until, the order is revoked
The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of judicial review. For
Immigration
PRACTICE NOTES
The UK’s future skills-based immigration system
A government white paper, ‘The UK’s future skills-based immigration system’, setting out plans for how the UK’s immigration regime will look after Brexit, was issued on 19 December 2018. The most notable reform proposed is the conclusion of Free Movement for EU citizens. From 31 December 2020 (the end of the implementation period), one set of UK immigration rules will apply to migrants from both the EU and outside the EU.
The paper also proposes substantial changes to sponsoring skilled workers under Tier 2 of the Points-Based System, including:
removing the overall annual cap on sponsored work visas
reducing the skill level for sponsorship from RQF Level 6 to RQF Level 3
abolishing the Resident Labour Market Test
cutting red tape for sponsoring employers
A broader package of proposals includes:
a new, temporary short-term worker route
more generous post-study leave for students once their courses
Immigration
PRACTICE NOTES
Windrush Scheme
On 16 April 2018, after a number of high profile widely reported cases involving long-settled Commonwealth migrants struggling to prove their lawful right to live in the UK, the government created a taskforce for this cohort. The Home Office urged long-term Commonwealth citizen migrants, unable to evidence their right to remain, to contact the Windrush Taskforce (now the Windrush Help Team) by telephone or email to review their situation and discuss their position, as appropriate to their circumstances. At first, eligible people using the service had matters concluded on an ad hoc basis, without lodging a formal application. This approach evolved into a structured route with the introduction of the Windrush Scheme (the ‘Scheme’) on 30 May 2018. Notably, while the Scheme mainly targets specified ‘Commonwealth citizens’, its scope reaches beyond Commonwealth citizens and their children, and also covers
Immigration
Q&As
Resident Labour Market Test (RLMT)
When placing a vacancy under the resident labour market test (RLMT), a sponsor must retain a screenshot of the website taken on the day the advert first goes live, unless the advert itself shows the date it was posted, in which case the screenshot can be produced at any point while the listing remains valid. See Practice Note: Resident Labour Market Test. If the wording of the advert is altered, the screenshot held by the sponsor to meet the above requirement will not match the actual particulars of the role (including the remuneration package). This inconsistency could lead, on audit, to a finding that the RLMT process was not followed. To minimise the risk of non-compliance on this matter, it is advisable to repost the advert, capture the requisite screenshots on the first day it appears as required by the RLMT, and
Immigration
Q&As
section 3C leave
This answer proceeds on the basis that no request was submitted to the Home Office to cancel the application, nor to retrieve the passport prior to departing the UK. If someone makes an application from within the UK to extend their permission to stay before their existing leave runs out using the online route, the date on which the application is treated as lodged is the date the online form is submitted, not the enrolment of biometrics. When someone who already has leave to remain applies from inside the UK to extend it, their current leave, together with all attached conditions, continues automatically so long as a valid application is made before that leave expires (known as ‘section 3C leave’)...
Immigration
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