LEXVISA Weekly Immigration Update 21 July 2017

The recent judgement of the below-mentioned case may have changed the way the submission of self-serving statements will be viewed and considered during an appeal, in circumstances where the self-serving statement is capable of bearing weight. LEXVISA is also delighted to announce the success of two recent Further Leave to Remain (FLR (M)) cases which we had recently prepared and submitted the applications for. In addition, there is concern for Indian and Chinese takeaway restaurant owners who are seeking to employ Tier 2 overseas workers, who do not even appear on the UK’s Shortage Occupation List.  The UK Government has also published a new Home Office Policy and Guidance which offers a 12 month Immigration Amnesty for the survivors of the Grenfell Tower fire which happened in West London last month.  

1. Immigration Appeal Update: R (On the Application of SS) v Secretary of State for the Home Department (Self-Serving Statements) [2017] UKUT 00164 (IAC)

A self-serving statement is a piece of evidence that may be submitted during an appeal and is typically given by a family member or friend, yet is unfortunately viewed as inadmissible. The judgement in the case of R (On the Application of SS) v Secretary of State for the Home Department (Self-Serving Statements) [2017] UKUT 00164 (IAC) challenges the Secretary of State’s initial decision to essentially dismiss the self-serving statement as not being credible and necessary evidence.

The significance of this judgement for future applicants wishing to submit self-serving statements during an appeal is that it highlights that self-serving statements are capable of bearing weight and therefore should be submitted if necessary.

2. Double Success Story – Further Leave to Remain FLR (M) Granted

We recently received the news that two of our clients were granted Further Leave to Remain FLR (M), as the Spouse of a British citizen who is present and settled in the UK.

The eligibility requirements for a successful extension of stay application are:

  • You must be in a genuine and subsisting marriage with a British person, who is present and settled in the UK or someone who is in the UK with refugee leave or with humanitarian protection;
  • You must have valid Status in the UK, i.e. Fiancé visa or any of the Points Based System visas such as; Tier 1 Entrepreneur, Tier 1 Exceptional Talent, Tier 2 General Work Visa, Tier 4 Student Visa or Tier 5 Youth Mobility Scheme Visa;
  • You must intend to reside with your spouse permanently;
  • Your Sponsor must have suitable accommodation;
  • Your Sponsor must meet the financial requirements (i.e. have enough money to support you and ensure that you can be maintained without recourse to public funds); and
  • You must satisfy the English language requirement; this has recently changed to a minimum level A2 of the Council of Europe’s Common European Framework (CEFR).

Our fully qualified solicitors and barristers prepare each application with great attention to deal to ensure it is as strong as possible and has the best chance of success.

3. Indian and Chinese Chefs Working in Takeaway Restaurants Excluded from the UK’s Shortage Occupation List

The Indian and Chinese takeaway business in the UK is under threat due to the UK’s strict immigration rules.  The UK Government has compiled a list of Shortage Occupations in the UK, of which nurses and chefs are amongst them. However rather unfairly, chefs who work in restaurants which provide takeaway services, as many Indian and Chinese restaurants do, are not included on the UK’s Shortage Occupation List.

The second issue is that for any restaurant owners in the UK, it is costly to employ Tier 2 overseas workers since current rules stipulate that foreign national chefs must be paid £29,570, which may be detrimental for small family run restaurants. These tough rules were introduced because of the UK Government’s plan to deter UK businesses from employing Tier 2 overseas workers and instead training and hiring British born nationals which may not be appropriate for those restaurant owners who are keen on maintaining the authenticity of their cuisines. It is advisable to seek legal advice before applying for a Tier 2 overseas work visa and the application of the UK’s Shortage Occupation List.

4. New Home Office Immigration Amnesty Policy for Grenfell Tower Survivors

The UK Government has published a New Home Office Policy and Guidance for the survivors of the Grenfell Tower tragedy by offering them a 12 month Immigration Amnesty. The Home Office has said that it will grant leave outside of the immigration rules to individuals who have been directly affected by the devastating Grenfell Tower fire. The following group of people may apply:

  • Applicants with no Immigration status (including illegal entrants and over stayers) and EEA nationals in the UK not exercising Treaty Rights;
  • Applicants with limited Leave to Remain in the UK that is due to expire within 12 months to the date of the announcement of the New Home Office Immigration Amnesty Policy; or
  • Applicants who have had their Asylum applications refused and individuals with a current immigration status which is subject to a condition of no recourse to public funds.

The Home Office has emphasised that Applicant’s must not abuse this new Policy and Guidance offering a 12 month Immigration Amnesty and those who do will be referred to Immigration Enforcement and will be considered for removal on the grounds of deception.

Using Legal Representation to Submit a UK Immigration Visa

Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on the law and your immigration matter. You can instruct one of our immigration and visa legal representatives to successfully assist you with a UK Immigration & Visa application. Our solicitors and Barristers will help you comply with the Home Office’s requirements and meet the Immigration Rules.

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 Immigration & Visa application succeeds, our solicitors and barristers will ensure all specified documents must be provided.

The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.

Successfully Apply for a UK Immigration Visa

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 prospects of submitting a UK Immigration & Visa application before your application even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of an application to switch into a Tier 1 Entrepreneur Visa and ensure that you meet all the requirements of the relevant rules.

Our offices 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.  We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.

Preparation is the key to successful immigration applications. 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 to discuss a UK Immigration & Visa application.

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

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