UK Immigration – Latest From Gherson

14 Jun 2021, 34 mins ago

As the world of UK immigration law is continuously evolving, with new immigration routes, new guidance and new rules being implemented regularly by the Home Office, it is essential to keep up-to-date with the latest immigration news and announcements.

We aim to report on the majority of these changes via our blogs. We also often post overviews of the various immigration routes and discuss requirements within the different visa categories.

So what have we been talking about recently?

Can a sponsor change jobs whilst a spouse visa application is pending?

Posted 7 June 2021.

In this blog we explored the case of Begum (employment income; Rules/Article 8) [2021] UKUT 115 (IAC), and the question of whether a sponsor needs to meet the financial requirement at both the date of application and date of decision. The upshot is that the sponsor’s financial circumstances are to be assessed purely as at the date of application. The decision in Begum provides some comfort in a system where processing timeframes can be unpredictable and lengthy, as it confirms that a sponsor has the flexibility to change jobs whilst a spouse visa application is pending, provided the financial requirements were met at the time of application.

Cryptoassets: Temporary Registration Regime extended

Posted 8 June 2021.

The FCA recently announced an extension of the Temporary Registration Regime for cryptoasset businesses, from 9 July 2021 to 31 July 2022. During this period, firms that submitted their applications for registration prior to 16 December 2020 will be allowed to continue to trade whilst their applications are being processed. In early January 2020, the FCA was appointed as the Anti Money Laundering and Countering Terrorist Financing (AML/CTF) supervisor for businesses carrying out various cryptocurrency ventures and therefore, such firms were required to register with the FCA. At the time of our blog’s posting, it would seem that only five such firms had received FCA approval, whilst 167 businesses had outstanding applications. This highlights the difficulties faced in passing the regulatory process.

Mayor of London calls for EU Settlement Scheme extension

Posted 9 June 2021.

The London Mayor, Sadiq Khan, has called for the 30 June 2021 EU Settlement Scheme application deadline to be postponed, due to a significant application backlog and concerns over EU citizens becoming undocumented and vulnerable to discrimination. With the deadline looming at the end of this month, pressure is mounting on the Home Office to provide further guidance as to the potential extension of this deadline.

GDPR after Brexit – EU citizens won their right to access the records held by the Home Office

Posted 8 June 2021.

The “Immigration exemption” clause of the Data Protection Act 2018 (DPA) left EU citizens with no right to access their personal records as held by the UK Home Office and, therefore, with no opportunity to appeal a Home Office decision on their immigration status.

In October 2019, the High Court dismissed a case brought by the activist groups The Open Rights Group and The3million seeking the removal of the UK Government’s “immigration exemption” from the Data Protection Act 2018 (DPA). They claimed that EU citizens were being denied the opportunity to effectively challenge Home Office decisions and advocate for their rights to stay in the UK, as they have no access to the documents used to decide their applications. On 26 May 2021, the UK Court of Appeal took a contrary view, overturning the High Court’s previous decision and ruling that the “immigration exemption” clause was indeed unlawful. A further hearing will be held this year to consider the remedies.

Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for further advice, send us an e-mail, or alternatively, follow us on Twitter to stay up-to-date.

The information in these blogs is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in these blogs. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021