Supreme Court Rules in Favour of Asylum Seekers

The Supreme Court has yesterday delivered another landmark judgment in a case brought before it by the Home Office.

The case involved a Zimbabwean woman who came into the UK on a student visa but later had her asylum claim rejected by the UKBA officials who allegedly insisted she should go back to her country of origin and simply pretend she backed the ruling party.

However, seven judges of the Supreme Court "agreed that a person's right not to support any political party deserved the same protection under the UN's Refugee Convention as the right to support them".

This ruling stand to favour thousands of asylum seekers and my advice to anyone in this situation is to seek for proper legal advice on the next step forward.

Immigrants Taking Over Our Jobs?

This line has been thrown up so many times that it has become a political vote winner latched on by all the major political parties in this country to court for our votes.

Last week we woke up to the news that the 10400 jobs up for grabs at the Olympics could not the filled by G4S, the security company contracted to employ people to fill this vacancy. They had to draft in Soldiers from their annual leave to fill the void.

The question running through my mind since the news broke is where are the almost 3 million people on the dole queue whose jobs were supposedly taken by Immigrants?

If these 3 million unemployed are actually looking for employment, shouldn't they be scrambling for the 10400 vacancy?

Can somebody please tell me why this vacancy could not be filled in a country with 3 million unemployed?

Changes to the Immigration (European Economic Area) Regulations 2006

Another change to the Immigration Rules affecting EEA Regulation 2006.

On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:

·         new rights of residence;

·         restrictions on free movement rights;

·         amendments to reflect current operational practice;

·         amendments to implement agreements reached with the European Commission or stakeholders in relation to the UK's implementation of Directive 2004/38/EC;

·         the extension of refusal powers based on public policy, public health, and public security; and

·         amended appeal rights.

The regulations have been amended to give effect to the judgments of the Court of Justice of the European Union (ECJ). The court establishes new rights to enter and reside in the UK and restricts the terms on which free movement rights can be exercised.

Rights to reside in the UK on the basis of ECJ judgments do not stem directly from Directive 2004/38/EC, therefore they are referred to as 'derivative rights'. This means that the recognition of this right by the UK is not equal to rights under the directive.

This also means that those who acquire derivative rights are not eligible to acquire permanent residence in the UK, or to sponsor family members in to the UK once they have acquired a right to reside.

These changes will affect:

·         primary carers of self-sufficient EEA national children;

·         children of EEA national workers or former workers where the child is in education in the UK;

·         primary carers of children of EEA national workers or former workers where that child is in education in the UK; and

·         dependent children under the age of 18 of the primary carers in each of the categories listed above.

A new application form will be available on our website shortly. Until this form is published, applicants must complete form EEA2 (see right side of this page) and include a covering letter explaining the reason for their application. Applicants should post the form and letter to this address:

UK Border Agency
European Applications
PO Box 306
Dept 110
Liverpool
L2 0QN

Changes to applications from overstayers

The UK Border Agency has announced another change to the Immigration Rules affecting applications from overstayers.

"From 1 October 2012 if you have overstayed your leave by more than 28 days any application for further leave will be refused. This change in the Immigration Rules will affect applicants applying for further leave under:

• the points-based system;
• all working and student routes;
• visiting routes;
• long residency routes;
• discharged HM Forces; or
• UK ancestry routes.

This change is in line with the new immigration rules coming into effect for the family migration route from 9 July 2012.

If you have limited leave to remain you must ensure you apply to extend your leave, if needed, in time. If you wish to remain in the UK after the 28 day period you should leave the UK and reapply for a visa".

Please monitor this website for further information about the changes.