LEXVISA Weekly Immigration Update 10 November 2017

This week we wrote about the landmark case in which it was determined that the Home Office was found to abuse its power on Tier 4 Visa Applications and the consequences for individuals in a similar position. The UK Government has promised that the European Health Insurance Card will not be a casualty of Brexit, it is likely that there will be significant changes to the current legislation regarding access to healthcare for European nationals post-Brexit. At the beginning of this week there was also a new EEA Settled Status Document which was released which ‘clarifies’ three key points for EEA nationals in the UK post-Brexit. Lastly, LEXVISA is delighted to announce the news that a Standard Visitor Visa application which we prepared for one of our clients has been granted. 

Landmark Case over Home Office Abuse of Power on Tier 4 Student Visa Applications

In 2014, there was controversy in regard to the finding that a number of Tier 4 Applicants had been fraudulently obtaining their Test of English for International Communication (“TOEIC”)  in order to meet the English Language Requirement. The Home Office deemed many TOEIC invalid or questionable and consequently, TOEIC is no longer offered by the Educational Testing Services (“ETS”) for the purpose of satisfying the Home Office’s English Language Requirement for UK Visa applications. The Home Office website lists all of its approved English Language Test centres and it is important that Applicants check before booking the test, to avoid not meeting the English Language Requirement.

The Home Office’s response and handling of this situation has been labelled a gross abuse of power which has impacted the lives of many innocent foreign students. The Applicant in this landmark hearing had his right to stay in the UK cancelled by the Home Office after his English proficiency test was deemed invalid, however he eventually did manage to have the Home Office’s decision quashed, and it has paved the way for Applicants in a similar position to him who have suffered an injustice from the Home Office and their hostile environment policy.

What does the future hold for the European Health Insurance Card?

European Nationals have recently started to raise question marks on the future of the European Health Insurance Card (EHIC) post-Brexit. Whilst the UK Government has promised that the European Health Insurance Card will not be a casualty of Brexit, it is likely that there will be significant changes to the current legislation regarding access to healthcare for European nationals’ post-Brexit. The European Health Insurance Card is an important document for those European nationals who are temporarily visiting any of the European Union (EU) member state countries.  It allows access to state-provided healthcare free of charge or at a reduced cost depending on what treatment would have been available to the EU national in their home country.  The UK Government have yet again failed to provide a satisfactory update on the progress of Brexit Negotiations on the subject of Free Movement and the rights of EU nationals in the UK post-Brexit. Whilst there is no doubt that the UK Government will work for the best deal for the UK, it is also apparent that many services such as the European Health Insurance Card may be axed.

This would directly impact travel insurance premiums and may possibly deter travel to the UK. However, there has been some positive news; Brexit Secretary David Davis has suggested that there has been some mutual common ground agreed on keeping the European Health Insurance Card beyond Brexit. Further, Mr Davis has also suggested that if an agreement cannot be formed with the EU, the UK will then negotiate with individual member state countries in a bid to keep the European Health Insurance Card alive beyond Brexit.

New Post-Brexit EEA Settled Status Document Released by the Home Office

Yesterday, a new 5 page ‘technical note’ from the Home Office and UK Visas and Immigration (UKVI) titled ‘Technical Note: Citizens’ Rights-Administrative Procedure in the UK’  (“EEA Settled Status Document”) was released which gives further details in regard to the new Settled Status for EEA nationals in the UK after Brexit. The new EEA Settled Status Document details three points; firstly it clarifies that the application process will be streamlined and easy to use, secondly it sets out the criteria for granting status and circumstances under which the EEA Settled Status application may be refused and thirdly in regard to the criminality of EEA nationals. Under the current EEA Regulations which the UK is still bound by until after Brexit when free movement and subsequently the rules are likely to be changed, EEA nationals and their family members can apply for EEA Permanent Residence in the UK who has been a ‘qualified person’ in the UK for a period of 5 years. After this period, EEA nationals and their family members may be eligible to apply for British citizenship after a further 12 months of being in the UK.If you are an EEA national in the UK and you are unsure of your next steps in light of Brexit, contact LEXVISA Immigration Lawyers London in order to receive bespoke, expert advice on your situation and regularise your status in the UK.

Success Story – Standard Visitor Visa Granted

Earlier this week we received the wonderful news that a client’s (the Applicant) UK Standard Visitor Visa application had been successful. In our initial consultation with the Applicant’s daughter-in-law (also the Sponsor), we had explored the options available to the Applicant. We agreed to prepare a UK Standard Visitor Visa application. You can apply for a UK Standard Visitor Visa application if you wish to travel to the UK for a short period not exceeding 6 months unless you have opted for a long-term Standard Visitor Visa. Applicants can also apply for a long-term UK Standard Visitor Visa application; this will be valid for 2, 5 or 10 years and allows multiple entries to the UK. The UK Standard Visitor Visa has replaced the former General Visit Visa application it is, therefore, important to make your intentions of visiting the UK clear to the Home Office from the outset or you may not be able to demonstrate that you are a genuine visitor and your application may be refused.

To meet the requirements of UK Standard Visitor Visa:

  • Applicants must be at least 18 years old.
  • Applicants must plan to visit the UK for a maximum of 6 months and leave at the end of that period (unless you are applying for a long-term UK Standard Visitor Visa).
  • Applicants must be able to show that you have enough money to support your stay in the UK and be able to accommodate yourself.

Our solicitors and barristers have a proven method of submitting successful UK Standard Visitor Visa applications to the UKVI and are proud of our very high success rate with UK visa applications.

Using Legal Representation to Submit a UK Visas and Immigration Application

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a UK Visas and Immigration application.

Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your UK Visas and Immigration application succeeds, all necessary documents must be provided.

This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your UK Visas and Immigration application meets the Immigration Rules.

Successful UK Visas & Immigration Application

Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your UK Visas and Immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your UK Visas and Immigration application and ensure that you meet all the requirements of the relevant rules.

We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to a successful application. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

Call Now Button search previous next tag category expand menu location phone mail time cart zoom edit close