FOR those navigating the UK Immigration system, there has been further changes to note which are as follows;
HIKE IN TRIBUNAL APPEAL FEES
It certainly seems that justice is now for sale in the UK if you are a migrant seeking to appeal to the Court against a decision made in an immigration application. Clearly, the British government is determined to make sure that appeal rights become a thing of the past in immigration.
Apart from removing appeal rights against Home Office decisions in most Immigration applications, they have gone further to increase the Court fee for lodging appeals from a reasonable £140 to £800. This fee is in respect of initial appeals to the First Tier Tribunal which is the Court responsible for considering an initial appeal against the decision of the Home office in Immigration applications.
No doubt, this increase will discourage some people from appealing against decisions that the Home Office makes and I guess that is the Government’s aim – to make justice out of reach for some migrants. No other area of law has seen such a massive increase in Court fees except in immigration law.
The new Tribunal Fees are a huge blow for those seeking justice. It is my experience that Home Office caseworkers who are not legally trained lawyers frequently make such poor decisions in applications. This might be down to the fact that they have no understanding of the complex legal provisions that apply or because they are under pressure to refuse as many applications as possible. Having a right to have those ridiculous decisions overturned by the Court is crucial in a democratic society in which we believe in the checks and balances where the Judiciary can make sure the Executive is not abusing its power.
Justice cannot be served where we have the Executive at liberty to make whatever decisions it likes without the people affected having easy access to Independent Courts. We have seen the importance of the role of the Judiciary in the ongoing Brexit Legal Challenge which has been before the High Court and now waiting to be heard in the Supreme Court.
I have had the privilege of seeing many applicants get justice in Court after the Home Office had messed up their applications and made decisions that were unlawful. Today I had the privilege to celebrate a Tribunal’s decision for someone who was virtually made an overstayer by the Home Office several years ago when they wrongly refused his application. Instead of apologising to him and rectifying the situation, they wanted to remove him from the UK. In Court, we highlighted this miscarriage of justice and the Judge agreed that the Home Office cannot remove a person it has unlawfully rendered illegal or an overstayer. It is a pity that this avenue is becoming an option for an elite few.
It is important to note that the increase in Court fees applies to Judicial Review in immigration matters as well. There is also a completely new introduction of Appeal fees to applications for permission to appeal to the Upper Tribunal. Before 10th October 2016, there was no appeal fee for applying for permission to appeal to the Upper Tribunal against a determination of the First Tier Tribunal.
Fortunately, there is a group of campaigners seeking to challenge the increase in Court fees. We hope that their efforts will yield a good result. An update on the fees will be provided when it becomes available. In the meantime, those applying for leave to enter or leave to remain in the UK have to prepare themselves for these exorbitant Court fees in case their applications are refused. This is after they have paid Home Office application fees and NHS Immigration Health Surcharge at the application stage.
In previous articles, I have discussed what has been happening to appeal rights since 2014. Please watch the video below for more information if you have missed the last posts on this website. This video should get you up to speed.
The advice is for people not to discouraged by the fees when they face negative Home Office decisions because statistics show that a huge number of applications that are refused by the Home Office are overturned by the Courts.
NEW ENGLISH LANGUAGE REQUIREMENT FOR SPOUSES AND PARENTS APPLYING FOR LEAVE TO REMAIN
There are changes to the English language test requirement under the Immigration Rules for those applying for leave to remain in the UK as spouses/partners and parents of British citizens or those who are settled in the UK under Appendix FM of the Immigration Rules. Currently, the requirement is that non-EEA nationals applying for leave to remain in the UK are required to take and pass the English Language test at Level A1 of the Common European Framework of Reference for Languages.
The new requirement is for applicants to take the English Language Test at Level A2 of the Common European Framework of Reference. It appears that the test has been upgraded. The new requirement will apply to people whose leave to remain is due to expire on or after 1 May 2017.
The new English language requirement is one of the many changes introduced by the Government’s Statement of Changes to the Immigration Rules HC667.
REMOVAL OF THE 28-DAY GRACE PERIOD TO APPLY FOR LEAVE TO REMAIN AFTER A VISA EXPIRES
Currently there is a grace period of 28 days for anyone whose visa or leave to remain in the UK has expired to re-apply to the Home Office. During that 28 days, the applicant is not considered to be an over-stayer. That position has been changed by Statement of Changes HC667. The new rule only allows 14 days to submit an application before a person becomes an over stayer and liable to removal.
STATEMENT OF CHANGES TO IMMIGRATION RULES- HC667
This statement which was laid before Parliament on 03/11/2016 introduces many changes which are just too many to get into in one article. The changes include new rules for students applying under Tier 4 and for those applying for leave to enter and leave to remain for employment purposes under Tier 2. The Tier 2 rules applicable to nurses have also been changed slightly although nurses will remain on the shortage occupation list.
The statement of changes also lays out the requirements for making a valid immigration application. Please note that if an application to the Home Office does not meet these requirements, the application can be rejected as invalid by the Home Office. It is good for those applying to ensure that their applications are valid to avoid the nightmare that comes with dealing with an application that has been rejected as invalid. Where this happens, it usually renders the applicant an overstayer as it is likely that by the time the application is rejected, an applicant’s leave would have expired. The Home Office is expected to give notice of an invalid application before rejecting it but they don’t always follow procedure. There is no right of appeal against a decision to reject an application as invalid.
The full statement of changes can be viewed on the government’s website www.gov.uk
Please note that this article does not seek to provide direct legal advice in people’s individual cases. The purpose of this article is to just raise general awareness. If you are affected by the Immigration reforms in the UK, please seek advice from a professional.
Primerose Makunzva is a Solicitor and Partner at IPS Legal Solicitors LLP in Central London in the heart of London Bridge. She can be contacted on 07818 066522/ 0203 1765216 or p.makunzva@ipslegal.com. Her Immigration law video updates youtube or at www.ipslegal.com. You can also follow Primerose on twitter.
Disclaimer: This article only provides general information and guidance on immigration law. The writer will not accept any liability for any claims or inconvenience as a result of this information.
