Immigration Update 2017

TRIBUNAL FEES

In November 2016, the government withdrew the 500% increase in immigration tribunal fees. Refunds are being issued to those who paid the higher fees of £800.00 for an oral hearing and £490.00 for paper based hearings. Fees are now to be applied at the previous levels of £140.00 for an oral hearing and £80.00 for a paper based hearing.

CERTIFICATION OF NON-DEPORTATION CASES

In December 2016, the ‘Remove First Appeal Later’ procedure was extended to non-deportation cases. This means that appeals may only be brought from outside the UK and be challenged by way of Judicial Review. However, these cases must meet two criterias as follows:

1. The applicant must have no existing leave at the time the human rights claim was submitted;
2. The applicant does not rely on a relationship with a British national family member.

The certification applies to human rights claims that do not involve protection or asylum issues.

SECTION 3C LEAVE

The Secretary of State now has the power to cancel an applicant’s leave that has been extended by operation of law where an applicant appeals an immigration decision within the UK and appeal is accepted as an in-time appeal. This power is exercisable where an applicant uses deception in seeking Leave to Remain or has failed to comply with previous condition of leave.

RESIDENTIAL TENANCIES

It is now a criminal offence for a landlord to rent a property to someone disqualified from renting by virtue of their immigration status in the UK. There is also now a new power of eviction.

ILLEGAL WORKING

There are now restrictions for taxi drivers, illegal working closure notices and compliance orders which are currently in force.

PUBLIC SECTOR WORKERS

There is now a duty on public authorities to ensure public sector workers in a customer facing role in the UK have command of spoken English.

OVERSTAYERS

Effective 24 November 2016 the 28-day grace period for consideration of applications where an individual has overstayed their leave in the UK has been abolished. The immigration rules now provide for current overstaying to be disregarded in a limited number of circumstances but otherwise overstaying will be a ground for refusal.

Overstaying will be disregarded in the following two circumstances:

1. Where the applicant has a good reason beyond their control why the application could not be made in time. This is however conditional on the applicant submitting the application within 14 days of the expiry of leave;
2. Overstaying is to be disregarded where the applicant previously made an in-time application and the current application is made within 14 days of expiry of leave. The leave which the applicant holds can either be section 3C leave (extension following an in-time immigration appeal) upon the expiry of the time limit for administrative review or appeal or the expiry of time limit following the withdrawn or conclusion of an appeal.

Kemesha Lynch – Immigration Solicitor

MANAK SOLICITORS

18 January 2017