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January 2020 Immigration Law Update

Remember to check your junk mail!

In R (on the application of Munim) v SSHD [2020] EWCA Civ 49, the perils of failing to monitor your junk email were examined. It was found that a master had been entitled to dismiss an appeal against a refusal of permission to seek judicial review of an application for leave to remain as a Tier 4 (General) student. The court found that the grounds of appeal were not arguable. The claimant had failed to attend an interview after he did not see the interview request email, and the court found that this was due to his own unreasonable conduct and failing to monitor his junk email box.

The new Global Talent visa  

The Statements of Changes in Immigration Rules HC56 were presented to Parliament on 30 January 2020. The purpose of the instrument is to introduce a new Global Talent category which will replace the existing Tier 1 (Exceptional Talent) category from 20 February 2020. Contemporaneously the Immigration and Nationality (Fees) (Amendment) Regulations 2020 were presented which will remove the fees for Tier 1 (Exceptional Talent) immigration route and add fees for the new Global Talent route. 

What does the Immigration (Citizens’ Rights Appeals) do?

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 was enacted exercising legislative powers under the European Union (Withdrawal Agreement) Act 2020 in preparation for Brexit. It amends two pieces of UK primary legislation for pieces of UK subordinate legislation in relation to immigration, in order to make provision for appeals in connection with various immigration decisions which relate to leave to enter or remain in the UK. This came into force on 31 January 2020 although paragraph 1(1) of Schedule 5 to the 2020 act does not apply.

HM Courts and Tribunals Service statement

HM Courts and Tribunals Service wrote out to state that as of 3 February 2020 the courts will be issuing judicial review orders and substantive decisions for statutory appeals electronically to the Home Office, Appellants, and representatives, where an email address has been provided. Where there is no email address provided by the Appellant, the Tribunal stated that it would also post to the Home Office to ensure both parties are served with decisions at the same time. It is crucial that Appellants and practitioners are aware that service by email means that shorter time limits will apply in respect of lodging appeals. An application for permission to appeal the dismissal of the statutory appeal by the Upper Tribunal must be received by the Upper Tribunal no later than 12 working days after an applicant was sent to the decision by post. If an Appellant is sent a decision electronically, they may have just 10 working days in which the application for permission must be received by the Upper Tribunal.

If an Applicant is outside the UK at the time the application is made, and they are sent the decision by post, then they have 38 calendar days after being sent the decision in which the application for permission to appeal must be received by the Upper Tribunal. The Appellant is sent the decision electronically; they have just 10 working days in which to get their application to the Upper Tribunal. The applicant was detained then they have just seven working days is sent the decision by post or five working days of sent it electronically.  

EU settlement update

Also in January, the Home Office updated their guidance on the EU settlement scheme providing an introduction for employers, an introduction for local authorities and the template letter to all EU citizens staff for employers. The Home Office also updated its employer toolkit, is community groups toolkit and its local authorities toolkit, in an attempt to provide guidance for businesses and local authorities throughout the transitional period.

To keep updated on the latest immigration matter call our lawyers at: 020 7118 4546 or email at:

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