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US Immigration Update – Supreme Court allow partial enforcement of ‘Travel Ban’

The U.S. Supreme Court has today issued a partial victory to the Trump Administration, allowing the enforcement of the temporary ‘travel ban’ on travellers from Iran, Libya, Somalia, Sudan, Syria and Yemen who do not hold a “credible claim of a bona fide relationship with a person or entity in the United States”.   The…

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UK Immigration Update – Theresa May’s Offer to EU Citizens

UK Prime Minister, Theresa May, has today published her offer to EU citizens and their family members living in the UK ahead of the UK’s exit from the EU, when the rights enshrined under EU Treaties disappear. The 22-page document sets out her vision as to how EU nationals and their families may obtain ‘settled status’ prior to and after so-called ‘Brexit’, along with the rights they seek to enshrine in relation to employment, health, welfare and pensions rights.

In her report, Mrs May shall propose the following:

– That a ‘specified’ or ‘cut-off’ date be set between 29 March 2017 (the date Article 50 was triggered) and the formal date of Brexit, to establish who may benefit from the ‘new rights’ being created

– That beneficiaries of these new rights will be subject to a new administrative process that is “modernised and kept as smooth and simple as possible

– That where the relevant EU national has been residing in the UK lawfully for five years before this specified date, and they remain resident in the UK, they will be able to apply for ‘settled status’, meaning “they will be free to reside in any capacity and undertake any lawful activity, to access public funds and services and to apply for British citizenship

– That those EU nationals who have not been in the UK lawfully for five years prior to the specified date will be allowed to apply for a temporary residence permit and given the opportunity to accrue five years’ of lawful residence in order to secure settled status

– That EU nationals lawfully resident in the UK at the point of Brexit will be able to remain in the UK for a period of up to two years with ‘blanket permission’ without needing to apply for new documentation under the new administrative process – a so-called ‘grace period’ – thought to end around 2021, during which time applications may voluntarily be made for a new residence document. Once the new residence document is issued, the blanket permission will automatically expire. Those who fail to apply for a new residence document before the grace period ends may no longer have permission to remain in the UK.

– That EU nationals arriving after the specified date will be able to apply for leave to remain under UK immigration provisions, details of which shall be proposed at a future date, although the proposal makes it clear that such individuals “should have no expectation of guaranteed settled status

– That residence documentation issued to EU nationals and family members under the EU Regulations prior to Brexit, including individuals holding permanent residence documentation, will no longer be valid following Brexit (at which point the UK is no longer subject to the EU Treaties that enshrine such rights)– such individuals will also be required to apply for the settled status document or temporary residence permit in order to acquire evidence of their continuing right to live in the UK beyond the grace period, although the Home office (perhaps realising the frustration this is going to cause) confirm that such individuals will have their applications “streamlined”

– That family members joining the qualifying EU national before Brexit occurs may be able to apply for settled status after five years, even if arriving after the specified date

– That EU nationals who are serious criminals or represent a threat to the UK may face deportation without the level of protection currently afforded to such individuals

– Continuation of the European Health Insurance Card scheme however comprehensive sickness insurance (‘CSI’) will no longer be required for those EU nationals who are economically inactive

– To protect the current Common Travel Area arrangements, meaning Irish nationals will not be required to undertake the above

– That those with settled status will continue to have access to UK benefits on the same basis as a UK national under domestic law and those with temporary status will likewise continue to have the same level of access

 

The Home Office will be seeking to extend the above to the other EEA states – namely, Iceland, Liechtenstein, Norway and Switzerland.

Should the offer be accepted in substance, it is expected that employers conducting right to work checks on EU nationals and their family members following Brexit will not be able to rely upon existing residence documentation issued under the EU Regulations and, instead, will require sight of the new settled status document or temporary residence permit.

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For further information on any part of this newsletter, please contact your dedicated Immigration Consultant via emails on comms@fergusonsnell.co.uk or call us on +44 (0) 20 3668 2700.

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Global Immigration Update – June 2017

The Irish Naturalisation and Immigration Service (INIS) have recently announced a new policy amendment which will apply to all non-EEA persons holding a Stamp 2 Student Permission seeking to apply to extend their stay under the Third Level Graduate Programme. This programme allows non-EEA students who have graduated from an Irish educational institution to extend…

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Global Immigration Update – 1st June 2017

Switzerland – Safeguard Clause for Bulgarian and Romanian Nationals From 1st June 2017, citizens of Bulgaria and Romania (EU-2) who wish to take up employment under residence permit B in Switzerland will have limited access to the Swiss labour market for the next 12 months. Residence permits B will be limited to 996 units for…

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Global Immigration Update – May 2017

Spain – Signatories of Employment Contracts Residence permit applications for highly qualified professionals are processed under the Entrepreneurs’ Act. Authorities may require the signatory of the employment contracts for such individuals be a legal resident in Spain. Recently, however, authorities have indicated that they will not apply this requirement if the signatory is an EU,…

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India Immigration Update

Expatriates and foreign nationals working in India may have to obtain an Aadhaar number by 31 July 2017, despite certain relaxations from the government Aadhaar is a unique identification number in India that is obtained by individuals. The government is increasingly using Aadhaar to track the economic activity of individuals and promoting its socio-economic welfare…

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Global Immigration Update – Europe

EUROPE Sweden – Processing Delays There are current delays in processing of work and residence permit renewal applications submitted in Sweden. The Swedish Migration Agency is currently prioritising new work and residence permit applications, causing processing times for renewals to take four to six months. Denmark – Processing Delays There are processing delays for Pay…

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UK Immigration Update – 2017/2018 Home Office Fees Announced

Following legislation laid in Parliament today, changes to Immigration, Visa and Nationality fees are set to come into effect on 6 April 2017. Ferguson Snell identify the significant changes to be: Fees for visitors, full-time students and workers, which will be restricted to a 2% increase in line with the government’s inflation target; Application fees…

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UK Immigration Rules changes for April 2017 – a detailed summary

Following the Statement of Changes announced by the Home Office on 16 March 2017, we have prepared a detailed summary of those changes as outlined below (brief overview can be found here). The majority of changes will take effect from 6 April 2017. Tier 2 General Annual updates are made to the appropriate salary rates…

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Immigration Update – Article 50 triggered

And we’re off: Article 50 triggered          Today, Theresa May’s formal letter triggering Article 50 of the Lisbon Treaty was handed to the European Council and its president, Donald Tusk. The two year process of negotiation between the UK and its counterparts has now commenced, with a view to securing a deal to govern the UK’s…

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UK Immigration Update – Statement of changes

New Statement of Changes to the UK Immigration Rules The Home Office has laid before Parliament the latest Statement of Changes to the Immigration Rules, ushering in the additional alterations and refinements arising from the Migration Advisory Committee’s 2016 recommendations on numerous areas of the Rules. Below is a summary of the headline changes.  …

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Global Country Overview

The Republic of Ireland  Introduction Ireland has been a member of the European Union (EU) since 1973 and in recent years, attracted a large number of international organisations investing into Ireland and to set up Headquarters or hubs in Ireland. In 2015, the Industrial Development Agency (IDA) recorded a growth of 7.8% in the Irish…

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US Immigration Update

US Immigration Update: Temporary Block to new Executive Order   “Travel Ban” Executive Order Blocked by Hawaii Judge On 15th March 2017, hours before the new Executive Order was due to take effect, US District Judge Derrick Watson issued a temporary restraining order preventing the implementation of Executive Order 13780 nationwide. The revised Executive Order…

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US Immigration Update – New Executive Order

REMINDER: United States – New Executive Order (13780) takes effect 16 March 2017 The revised Executive Order regarding travel to the U.S., signed by President Trump on Monday, 06 March 2017, will take effect from 12:01 EDT on Thursday, 16 March 2017. The new Order, has broadly similar aims to its predecessor, and will impose…

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US Immigration Update – Site Inspections

Potential Increase in USCIS Site Inspections Since July 2009, the United States Citizenship and Immigration Services (USCIS) has conducted compliance reviews through the Administrative Site Visit and Verification Program. Fraud Detection and National Security (FDNS) officers make unannounced visits to verify whether petitioners and beneficiaries are following the applicable immigration laws and regulations primarily for…