EU IMMIGRANTS TO NO LONGER CLAIM BENEFITS FROM JULY 2014

http://www.workpermit.com/news/2014-04-10/uk-seeks-to-deter-eu-immigration-with-benefit-chnges

Derivative rights of residence under EU law

This page explains how some non-EEA nationals may be able to claim a right of residence in the UK under European Union law - known as 'derivative rights of residence'.

A person who does not qualify for a right of residence under the Free Movement Directive (Directive 2004/38/EC) may qualify for another right of residence under EU law. These are known as 'derivative rights' because they come from (are 'derived' from) other instruments of EU law, not from the directive.

For more information on how a person can apply for a document confirming a derivative right of residence (known as a 'derivative residence card'), visit the UKBA Website.

Types of derivative rights of residence

A person may qualify for a derivative right of residence in one of the following categories:

• as the primary carer of a British citizen child or dependent adult, where requiring the primary carer to leave the UK would force that British citizen to leave the EEA ('Zambrano' cases)         https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/zambrano.pdf" target="_blank">https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/zambrano.pdf

• as the primary carer of an EEA national child who is exercising free movement rights in the UK as a self-sufficient person, where requiring the primary carer to leave the UK would prevent the EEA national child exercising those free movement rights ('Chen'cases);    https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/chen.pdf" target="_blank">https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/chen.pdf

• as the child of an EEA national worker/former worker where that child is in education in the UK ('Ibrahim and Teixeira' cases);https://contact-ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/ecg/ibrahim_and_teixeira.pdf" target="_blank"> https://contact-ukba.homeoffice.gov.uk/sitecontent/documents     ; /policyandlaw/ecis/ecg/ibrahim_and_teixeira.pdf   

• as the primary carer of a child of an EEA national worker/former worker where that child is in education in the UK, and where requiring the primary carer to leave the UK would prevent the child from continuing their education in the UK ('Ibrahim and Teixeira' cases); or

• as the dependent child aged under 18 of a primary carer in one of the categories set out above, where requiring that dependent child to leave the UK would force the primary carer to leave the UK with them.

A person who is claiming a derivative right of residence in a category above must meet the relevant conditions set out in the Immigration (European Economic Area) Regulations 2006 (as amended) to qualify for this right.

What are derivative rights?

A person who qualifies for a derivative right of residence has a right to live and work in the UK for as long as they continue to qualify for this right.

A person with a derivative right of residence can apply for a document confirming this right. This is known as a 'derivative residence card'. For more information, see the Derivative residence documents on the UKBA Website page.

Permanent residence

Time spent in the UK with a derivative right of residence does not count as residence for the purpose of acquiring permanent residence in the UK. If you have a derivative right of residence you cannot acquire permanent residence on this basis. You will only continue to have that right of residence for as long as you qualify for that right.

For example, if you have a derivative right of residence as the primary carer of a child of an EEA national where the child is in education in the UK, you will only continue to have a right of residence for as long as the child is still in education and continues to need you to be present in the UK to be able to continue their education.

Further information

For more information on derivative rights of residence under EU law, see the UKBA Website page.

• A new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child.

• Extension of the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship.

• Abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period.

• From October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt.

• Allowing adult and elderly dependants to settle in the UK only where they can demonstrate that, as a result of age, illness or disability, they require a level of long-term personal care that can only be provided by a relative in the UK, and requiring them to apply from overseas rather than switch in the UK from another category, for example as a visitor; and

• restricting family visit visa appeals, initially by narrowing the current definitions of family and sponsor for appeal purposes, and then, subject to the passage of the Crime and Courts Bill, which was published on 11 May 2012, removing the full right of appeal against refusal of a family visit visa.

Discretionary Leave to Remain Under Article 8 ECHR

A person can apply for Discretionary Leave to Remain on the basis of Article 8 of the European Convention on Human Rights (ECHR) arguing that his/her removal from the UK will result in breach of the UK's obligation under Article 8 of the ECHR and that interference of the UK Authorities in a person's private and family life will be an unreasonable and disproportionate interference. The Discretionary Leave to Remain is a leave granted by the Secretary of State outside the Immigration Rules and any exceptional and compassionate circumstances in the case are always a relevant consideration when it is decided whether or not discretion should be exercised to grant Discretionary Leave to Remain.

Discretionary Leave Following Refusal of An Asylum Claim

If you have claimed asylum in the UK and the Home Office do not recognise you as a refugee or a person who qualifies for humanitarian protection, the Home Office UKBA may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

The Home Office will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, the Home Office will review your circumstances before deciding whether to give you further permission to stay. To extend your residence permit or apply for permanent residence, you will need to complete application form DL.

 Application Form To Apply For Discretionary Leave.

To make an initial application for discretionary leave, an application Form FLR (O) should be used. If you were previously granted discretionary leave as a result of FLR (O) application, you can then apply for extension of your discretionary leave by using the same form i.e. FLR (O) application Form. An application for Indefinite Leave to Remain (ILR) in such case will be made using the Application Form SET (O).

If you were granted discretionary leave as a result of refusal of your asylum claim, you can apply for extension of your discretionary leave by using Application Form DL. An application for ILR will also be made using form DL in such case.

When Can A Person With Discretionary Leave Apply For Indefinite Leave To Remain (ILR)?

You will not be able to apply for Indefinite Leave to Remain (ILR) until you have lived in the UK for at least six years under the Discretionary Leave to Remain. Application for Indefinite Leave to Remain is made using Application Form DL if you were granted discretionary leave to remain following refusal of your asylum claim and in any other case the Application Form SET (O) will be used to apply for Indefinite Leave to Remain (ILR).

Will You Get Right To Appeal If Your Discretionary Leave Application Is Refused By The Home Office?

If your FLR (O) application for initial discretionary leave to remain is refused by the Home Office, you may or may not get a right to appeal to the First Tier Tribunal of the Immigration and Asylum Chambers.

You may get right of appeal against the refusal of your FLR (O) application for discretionary leave only if an enforcement decision is made by the Home Office giving directions for your removal from the UK on the grounds that your removal from the UK will be breach of the UK's obligations under the European Convention On Human Rights (ECHR) unless the Home Office certified your human rights claim as manifestly unfounded.

You will get right to appeal against the refusal of your application for extension of your discretionary leave as long as you made the application for extension of your discretionary leave before the expiry of your leave.

Indefinite Leave to Remain (ILR)

The correct terminology for full or permanent residency is indefinite leave to remain (ILR). You can apply for ILR in several ways depending upon your UK immigration status.

ILR allows you to remain in the UK for an indefinite period, on condition you intend to remain present and settled here. If you leave the country for a continuous period of 2 years or more, it is usually deemed by the authorities that you are no longer present and settled, and you may have your ILR revoked.

ILR allows you to work without restriction in the UK. It allows you to exit and re-enter the country multiple times. You are free of immigration control.

An application for Indefinite Leave to Remain (ILR) can be submitted to the Home Office, UKBA on the basis of 5 years residence in the UK as a recognised refugee under the 1951 United Nations Convention Relating to the Status of Refugees. An application using Form SET (Protection) should be used to submit the application to the Home Office, UKBA within 30 days from the date of expiry of your leave to remain in the UK as a refugee.

If you do not apply in time, your permission to stay as a refugee will end and the Home Office, UKBA will carry out an in-depth review of your case. Your status may be revoked, causing you to be removed from the UK. There is no Home Office fee for the SET (Protection) application form.

You may wish to consider applying under any of the following circumstances:

• Shortly prior to the expiry of a 2 year marriage visa
• Shortly prior to the expiry of a 5 year ancestry visa
• Once having held work permit status in the UK for 5 years
• Once having legally spent 10 years in the UK
• Once having spent 14 years in the UK
• Once having spent continuous 5 years in UK as an investor
• Once having spent continuous 5 years in UK as a writer, composer, or artist
• Once having spent continuous 5 years in UK as a retired person of independent means

Most applicants for ILR will be required to have passed the Life in the UK Test.

Dispute resolution law: area of practice

Where disputes arise between individuals, companies or organisations, lawyers can become involved to assist in resolving these disputes by the use of litigation, arbitration, mediation and other forms of alternative dispute resolution.

Lawyers in this field deal with a vast range of disputes

One of the attractions of this area of work is the vast range of types of disputes that can arise. While dispute resolution lawyers will be working within a common court system, the value and subject matter of the disputes can vary widely. For example, a lawyer might be part of a large team focusing on one very significant commercial dispute. Another lawyer could have responsibility for a caseload of 50 claims where they are acting for individuals who have sustained serious injuries as a result of accidents at work.

While some firms provide a general dispute resolution service to clients, many will provide a specialist service, for example in international, commercial, insurance or personal injury work.

Depending on the nature of the dispute and the extent of the issues between the parties, some cases might be resolved within days or weeks of being instructed, while others will take months or even years to conclude. Having assessed the issues, the role of the lawyer is to advise on the most effective way to achieve the best result for their client, whether by negotiation (face to face, by telephone or by letter) or by use of court proceedings and/or alternative dispute resolution.

The working week of a dispute resolution lawyer

The greater part of a lawyer’s time is likely to be spent in the office, reviewing documents, drafting correspondence, witness statements and court documentation and speaking on the telephone to clients and other lawyers. However, in many cases there are opportunities to get out and about, for example going to clients’ offices, carrying out investigations and attending court.

Working hours will vary significantly depending on the type of work. Some lawyers will generally be able to work fairly civilised hours, subject to being flexible if, for example, they have a busy period or a trial approaching. Other lawyers will work much longer hours, either on a regular basis or over a particular period of time. It will often also be important to spend time building and maintaining relationships with clients, for example through providing training or social events.

Recession-proof?

While clients are likely to be more costs conscious in times of recession, it is arguable that the number of disputes increases during recessionary times, leading to an increased flow of work to dispute resolution lawyers. As a trainee, much will depend on the type of work being carried out by your firm. Where larger cases are involved, the role of a trainee is likely to be to provide support to the other lawyers on the team. If the firm is carrying out smaller cases, the trainee may have some direct responsibility for cases.

Types of law practised

• Commercial.
• Contract.
• Tort.

A good dispute resolution solicitor needs…

• Attention to detail. The work is likely to involve drafting of witness statements and other documents for the court.
• Negotiation/persuasion skills. The vast majority of cases will settle and these skills are key in achieving the best result for the client.
• A commercial approach. A balance is always needed between achieving the best outcome and the costs involved.
• The ability to keep calm under pressure. Deadlines are often involved, including most importantly trial dates.

TRACY HEAD is a partner in the liability division of KENNEDYS. She studied law at the University of East Anglia (UEA).

Heads of UKVI and HM Passport Office confirmed

Sarah Rapson was initially appointed as UK Visas and Immigration’s (UKVI) interim director general in April 2013. She will now take up the post permanently.

Paul Pugh, who was appointed interim Chief Executive of Her Majesty’s Passport Office (HM Passport Office) in April 2013, will now also assume the position permanently.

Permanent Secretary Mark Sedwill said:

I am pleased to confirm these appointments.

Sarah has made an excellent start since taking on this post in an interim capacity, achieving tangible improvements in all aspects of the command’s operations. I welcome her as a permanent member of the executive team and am looking forward to her continuing to drive customer service, robust decision making and efficiencies in our visa operations.

Under Paul’s watch, the UK passport has remained one of the most secure and trusted documents in the world. Paul has worked for the Home Office for almost three decades and his experience and professionalism is indispensable.

Sarah Rapson

Ms Rapson joined the UK Passport Service (now HM Passport Office) in 2005. In July 2010, she became its Chief Executive, with the immediate task of dismantling the National Identity Service. She was appointed by the Queen as Registrar General for England and Wales in November of the same year.

UKVI Director General Sarah Rapson

In her time at HM Passport Office, she was responsible for delivering significant improvements in operational performance and value for money, leading to reductions in passport fees.

Before joining the Civil Service, Ms Rapson’s career was in retail financial services, including management positions at Woolwich plc, Barclays and American Express.

UKVI Director General Sarah Rapson said:

Protecting our borders and providing a good service to visa applicants are not incompatible and I think the improvements that we have made since UKVI was established demonstrate that.

Our visa service should be renowned as consistently competent, high performing and customer focused. We’ve begun the journey to achieving that and I’m delighted to be given the opportunity to see it through.

Ms Rapson will remain as Registrar General until the Queen makes a new appointment to this post.

Paul Pugh

HM Passport Office Chief Executive Paul Pugh

Mr Pugh joined the HM Passport Office in November 2010. As Executive Director for Operations he was responsible for the delivery of passport and certificate operations, before taking up the post of interim Chief Executive in April last year.

Under Mr Pugh’s leadership, HM Passport Office has delivered a new passport application management system and is in the process of introducing an online application service as part of a programme of modernisation of the organisation’s processes. They have also continued the work to transfer the passport application service for UK customers overseas from the Foreign & Commonwealth Office to the Home Office.

HM Passport Office Chief Executive Paul Pugh said:

I am delighted to be taking on the role of Chief Executive permanently.

I look forward to continuing our work to modernise how we provide passport and civil registration services, building on our great customer service and the security and integrity of all that we do to protect the public.

Before joining HM Passport Office, Paul was the Regional Director of the Government Office for the East of England. He has held senior Civil Service posts in the Home Office since 1995, with spells outside the department as Chief Executive of the Central Police Training Authority, HR Director at Great Ormond Street Hospital NHS Trust, and Executive Director of Organisational Development at the North West London Strategic Health Authority.

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Changes are being made to how you apply for a visa outside the UK

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