SECTION CONTENTS CHAPTER 1 SECTION 14 LEAVE OUTSIDE THE RULES (LOTR) IMMIGRATION DIRECTORATES' INSTRUCTIONS 1. INTRODUCTION
|
|
- Mercy Blankenship
- 8 years ago
- Views:
Transcription
1 April/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS SECTION CONTENTS CHAPTER 1 SECTION 14 LEAVE OUTSIDE THE RULES (LOTR) 1. INTRODUCTION 1.1. Humanitarian Protection and Discretionary Leave 1.2. Leave Outside the Immigration Rules 2. APPLICATIONS 2.1. Immigration policy concessions 2.2. Particular compelling circumstances 3. GRANTS 3.1. Limited LOTR 3.2. Indefinite LOTR 4. EXTENSIONS 5. APPEAL RIGHTS 6. WORDING FOR LETTERS 6.1. Grants 6.2. Refusals 7. TRANSITIONAL ARRANGEMENTS Annex A IMMIGRATION POLICY CONCESSIONS 1
2 April/06 IMMIGRATION DIRECTORATES' INSTRUCTIONS CHAPTER 1 SECTION 14 LEAVE OUTSIDE THE RULES 1. INTRODUCTION The system of granting leave to people exceptionally outside the Immigration Rules changed on 1 April On that date, the old exceptional leave to enter/remain (ELTE/R) category was replaced with a system of leave being granted on the basis of Humanitarian Protection or Discretionary Leave. The intention is that, wherever possible, the majority of applications which fall outside the Immigration Rules will now be considered within the Humanitarian Protection and Discretionary Leave criteria. However, there are still likely to be a small number of mainly non-asylum and non-protection immigration policy concessions and categories where the Secretary of State or an immigration officer may exercise discretion and grant leave to someone who does not meet the requirements of the Immigration Rules, or the Humanitarian Protection or Discretionary Leave criteria, as well as a general discretion to grant such leave. Where a person does not qualify for leave under the Rules or the Humanitarian Protection or Discretionary Leave policies, any other leave to enter or remain must only be granted under a further category of Leave Outside the Rules (LOTR) such instances are likely to be rare. Caseworkers and immigration officers will therefore need to be familiar with the Humanitarian Protection and Discretionary Leave policies (summaries given below) Humanitarian Protection and Discretionary Leave All claims for Humanitarian Protection are considered by asylum caseworkers. Humanitarian Protection is granted where the person has protection needs but where they do not meet the criteria for refugee status. It is granted where the person would, if removed, face in the country of return a serious risk to life or person arising from: - the death penalty; - unlawful killing; or - torture or inhuman or degrading treatment or punishment. The API on Humanitarian Protection should be consulted for comprehensive and further advice. The criteria to be met for a grant of Discretionary Leave are set out in the API on Discretionary Leave. The majority of grants of Discretionary Leave are likely to be made in protection cases. There are, however, a limited number of circumstances in which a non-protection case may qualify for a grant of Discretionary Leave, for example, where removal would: - breach Article 3 of the ECHR on account of the person s medical condition; - breach Article 8 of the ECHR (right to private and family life) - most likely to 2
3 arise in marriage and, from 5 December 2005, civil partnership cases; - result in a flagrant denial of rights under other articles; or - in other compelling circumstances (in protection cases). The API on European Convention on Human Rights and/or the IDI on Human Rights (Chapter 1, Section 10) should be consulted for guidance on the consideration of applications where it is claimed that removal would breach one or more ECHR Articles Leave Outside the Immigration Rules It has always been possible to grant someone limited or indefinite leave to enter/remain outside the Immigration Rules. Where it is not possible to grant leave under the Immigration Rules, or to grant asylum or Humanitarian Protection or Discretionary Leave, any other leave to enter or remain outside the Immigration Rules must be granted under a further category Leave Outside the Rules (LOTR). The only two circumstances where it will be necessary to consider granting LOTR will be in mainly non-asylum and non-protection cases: where someone qualifies under one of the immigration policy concessions; or for reasons that are particularly compelling in circumstance. The reasons for proposing to either grant or refuse LOTR should always be clearly minuted on the file. All proposed grants of LOTR should be referred to and agreed by a Senior Case Worker/Inspector. 2. APPLICATIONS 2.1. Immigration policy concessions Any request for permission to enter or remain in the United Kingdom must normally be made within a category within the Immigration Rules. There are, however, a small number of immigration policy concessions under which someone may apply for limited LOTR. The table at Annex A lists the immigration policy concessions (as at April 2006). An application under any of the immigration policy concessions must be considered in line with the relevant policy guidance. Please note that most of these concessions will be incorporated into the proposed Points Based System for managed migration, or written into Immigration Rules, as outlined in the Five-Year Strategy for Asylum and Immigration. At that stage further instructions will be provided Particular compelling circumstances There may be particular compelling circumstances where someone may request either limited or indefinite LOTR. Any such case should be considered on its individual merits and in line with any relevant policy at the time. Caseworkers/immigration officers should always first give full consideration to whether someone first qualifies under the provisions of the Immigration Rules, or the Humanitarian Protection and Discretionary Leave criteria or any relevant policy 3
4 instruction. It is not possible to give instances or examples of case-types that might be defined as particular compelling circumstances. However, grants of such LOTR should be rare, and only for genuinely compassionate and circumstantial reasons, or where it is deemed absolutely necessary to allow someone to enter/remain in the UK, when there is no other available option. Some specific policy instructions indicate that in certain circumstances leave should not be granted. In such cases, in order to ensure consistency, specific advice should be sought from the relevant policy unit before any LOTR is granted. 3. GRANTS LOTR should only be granted after the full consideration of whether someone first qualifies under the provisions of the Immigration Rules, and the Humanitarian Protection and Discretionary Leave policies, and any other relevant policy. LOTR should not be granted because removal does not seem a viable option or where it conflicts with any relevant policy. All cases to grant LOTR should be referred to and agreed by a Senior Case Worker/Inspector. The reason for the grant should be clearly noted on the file. CID should be updated as necessary when LOTR is granted Limited LOTR An application for LOTR under any of the immigration concessions must be strictly considered in line with the relevant policy instruction. If it is decided that LOTR should be granted, then limited leave should be granted for a specified period for the necessary duration of stay required. Likewise, where it is decided to grant leave because of particular compelling reasons, limited leave should only be granted in accordance with the individual circumstances of the case, again only for the necessary duration of stay required. The granting of limited LOTR should not convey any expectation of further leave or eventual settlement. As soon as the period of limited LOTR comes to an end, the person will be expected to leave the UK unless he applies to extend his leave, or has an entitlement to remain on some other basis Indefinite LOTR Most persons applying to stay in the United Kingdom will require leave for only a specific, limited period (see para 3.1. above). However, there may be a very small number of instances where it is considered appropriate to grant indefinite LOTR because the particular compelling circumstances of the individual case are such that it is almost certain that there will be no change in circumstances within five years. 4. EXTENSIONS The applicant should apply for an extension of limited LOTR on form FLR(O) shortly 4
5 before the LOTR expires. An application for an extension should be processed in line with the relevant policy at the time. If it is decided to grant a further period of LOTR, either under one of the immigration policy concessions or because of the particular circumstances in an individual case, then a further specified period of limited leave should be granted. If the period of limited leave has come to an end, and if the person has no other entitlement to stay in the United Kingdom, he or she should be refused any extension of LOTR and should make arrangements to leave the country. 5. APPEAL RIGHTS When an immigration decision has been made this may trigger a right of appeal in accordance with Part 5 of the Nationality, Immigration and Asylum Act See Chapter 12 of the IDI on Appeals for detailed information. 6. WORDING FOR LETTERS 6.1. Grants Letters in which LOTR to remain is granted should specify that the Secretary of State has agreed to exercise discretion to grant limited/indefinite leave outside the provisions of the Immigration Rules in the particular circumstances of the case. The letter should therefore state that the applicant has been given leave to remain in the United Kingdom outside the Rules until xxx subject to xxx conditions. Brief reasons explaining why the decision has been taken should also be given. The letter should also state that there can be no expectation that any further application will be granted on this basis Refusals Decision notice ICD.2245, which is available on CID s Document Generator should only be used to refuse an in-time application for LOTR to remain; decision notice ICD.2242 should be used if the application for LOTR to remain was out of time. Decision notice IS82A, also available on CID, should be used when refusing LOTR to enter. Brief reasons as to why the decision to refuse was taken should be given in the refusal notice. 7. TRANSITIONAL ARRANGEMENTS Up until 2007 there may be individuals granted exceptional leave prior to April 2003 under the old system whose leave will be ending and who will be seeking to extend their stay. Those applicants who were granted a four-year period of exceptional leave should be considered for settlement with background character and conduct checks, but without a full review. In other words, they will not need to show that they would necessarily qualify for LOTR at the time of the ILR decision. 5
6 Where a person seeks an extension of stay having spent less than four years on exceptional leave (or where they have spent four years on exceptional leave and this has been granted in more than one block), their application should be subject to a full review of all the circumstances of the case, and ILR should only be granted to applicants who qualify for LOTR (or for DL, HP leave or refugee leave) at the date of the ILR decision. If they do not qualify on any of these grounds, or under the Immigration Rules, their application for an extension of stay should be refused. 6
7 Annex A IMMIGRATION POLICY CONCESSIONS Please note: It is planned to incorporate these immigration policy concessions into the proposed Points Based System, as outlined in the Five-Year Strategy for Asylum and Immigration. In the interim, advice on each concession should be obtained from the relevant policy lead. Airline Staff BUNAC students Carers of seriously ill or disabled relatives Civilian personnel in foreign armed forces based in UK Employees of firms under contract to NATO Entertainers EU Leonardo da Vinci programme Film crew on location Japan Youth Exchange Scheme Jewish Agency Employees Knowledge Exchange category Medical treatment under the NHS bilateral healthcare arrangements Medical treatment under the NHS specific treatment arrangements Off-shore workers Over-age dependants of intra-company transfer work permit holders Overseas lawyers Pestalozzi Children s Trust Research assistants to MPs Representatives of Overseas Insurance Companies St. George s University School of Medicine Sportspersons 7
8 Steiner teachers Van der Elst service providers Voluntary workers Welbeck college army recruitment 8
EMPLOYING A CROATIAN NATIONAL IN THE UK
EMPLOYING A CROATIAN NATIONAL IN THE UK What is this leaflet about? This leaflet explains what employers need to do in order to legally employ a Croatian national from 1 July 2013. Issues covered include
More informationNON-COMPLIANCE. Table of Contents
NON-COMPLIANCE Table of Contents Introduction Application of this instruction in respect of children and those with children The Main Points Human Rights claims Refusing Asylum or Humanitarian Protection
More informationRights of appeal. Version 3.0
Rights of appeal Version 3.0 Guidance on when there is a right of appeal against decisions in immigration cases, including mechanisms to prevent repeat rights of appeal and prevent delay from appeals against
More informationHow to write a letter to request Ministerial Intervention under Section 417 and Section 48B of the Migration Act
Refugee Advice and Casework Service A. Level 12, 173-175 Phillip Street Sydney NSW 2000 P. [02] 9114-1600 F. [02] 9114-1794 E. admin@racs.org.au W. www.racs.org.au How to write a letter to request Ministerial
More informationTIER 5. version 04/14. Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance
TIER 5 (Youth Mobility Scheme) version 04/14 Tier 5 (Youth Mobility Scheme) of the Points - Based System Policy Guidance This guidance is to be used for applications made on or after 6 April 2014 Contents
More informationImmigration Directorate Instructions
Immigration Directorate Instructions Chapter 6a 19 November 2015 Section 1 Settlement Tier 1 Contents 1. Introduction... 1 2. Forms... 2 3. General Requirements for indefinite leave to remain as a Tier
More informationBASIC IMMIGRATION LAW
BASIC IMMIGRATION LAW Introduction Under immigration law, anyone not having a right of abode in the UK is subject to immigration control and can only live, work and settle in the UK by permission (Section
More informationTier 2. This guidance is based on the Immigration Rules. This guidance is based on the Immigration Rules.
Tier 2 This guidance is based on the Immigration Rules. Page 1 of 138 Tier 2 version 23.0 Published for Home Office staff on 15 December Tier 2 Tier 2: about this guidance Key facts Tier 2 Overstaying
More informationUnited Kingdom Permanent Residence Entitlement
United Kingdom Permanent Residence Entitlement 1 United Kingdom Permanent Residence Entitlement 1. Decisions on ordinary residence are a matter for the relevant NHS trust/foundation trust but in deciding
More informationSUMMARY GUIDE FOR EMPLOYERS ON PREVENTING ILLEGAL WORKING IN THE UK. April 2012
SUMMARY GUIDE FOR EMPLOYERS ON PREVENTING ILLEGAL WORKING IN THE UK April 2012 CONTENTS Who should read this guide?...3 Complaints...3 1. Why is preventing illegal working so important?...4 2. What is
More informationHow can I support her? Domestic violence, immigration and women with no recourse to public funds
Glossar y Directory Campaigning Financial support Immigration Immigration Financial support Campaigning Directory Glossary Financial support Campaigning Directory Immigration Immigration Financial support
More informationIMMIGRATION HEALTH SURCHARGE - QUESTIONS AND ANSWERS
IMMIGRATION HEALTH SURCHARGE - QUESTIONS AND ANSWERS Customer Q&A 1. When is the health surcharge being introduced? The surcharge will be introduced on 6 April 2015. It will apply to applications where
More informationASYLUM AND IMMIGRATION TRIBUNAL
ASYLUM AND IMMIGRATION TRIBUNAL GK (Long residence immigration history) Lebanon [2008] UKAIT 00011 THE IMMIGRATION ACTS Heard at: Field House on 8 January 2008 Before SENIOR IMMIGRATION JUDGE STOREY Between
More informationTier 2 the noose continues to
magrath LLP Tier 2 the noose continues to tighten As part of a continuing drive to tighten the rules around sponsorship of foreign nationals and the ability of those nationals to settle permanently in
More informationRehabilitation of Offenders Act. Page 1 of 13 Rehabilitation of Offenders Act version 2.0 Valid from 9 December 2013
Page 1 of 13 Rehabilitation of Offenders Act version 2.0 Valid from 9 December 2013 About this guidance This guidance explains how the Rehabilitation of Offenders Act 1974 applies to immigration and nationality
More informationApplications from overstayers (non family routes) This guidance is based on the Immigration Rules.
This guidance is based on the Immigration Rules. Page 1 of 14 Guidance Applications from overstayers (non family routes) version 6.0 Valid from 20 October 2014 About this guidance This guidance is for
More informationRepresentatives of overseas businesses
This guidance is based on. This guidance applies only to representatives of overseas businesses who are being posted to the UK to establish a branch or subsidiary of that company or representatives of
More informationAnnex E to Chapter 18. Section 1 - This section deals with applications received on or after 28 October 2013
Annex E to Chapter 18 Section 1 - This section deals with applications received on or after 28 October 2013 Section 2 - This section deals with applications received between 7 April 2010 and 27 October
More informationPublic Bill Committee on the Immigration Bill Universities UK written evidence November 2013
Public Bill Committee on the Immigration Bill Universities UK written evidence November 2013 Summary 1. Universities UK, which represents university vice-chancellors, is concerned about provisions in the
More informationInformation for asylum seekers in Sweden
Senast uppdaterad: 2015-09-28 Swedish Migration Agency Information for asylum seekers in Sweden Till dig som söker asyl i Sverige Engelska www.migrationsverket.se 1 Information for asylum seekers in Sweden
More informationBiometric information: case working
Biometric : case working Page 1 of 51 Biometric : case working version 4.0 Published for Home Office staff on 7 April 2015 Biometric : case working About this guidance This guidance tells you about the
More informationHome Office travel documents
s Page 1 of 52 Guidance s version 6.0 Valid from 29 October 2013 s travel (HOTD) a Office travel This guidance tells you about the types of s (HOTD) and: who qualifies for each type how applicants can
More informationThe German Asylum procedure
1 The German Asylum procedure Lodging an asylum application - The decision - The consequences of the decision Distribution and accommodation 3 An asylum application can only be filed in Germany at the
More informationEXPLANATORY MEMORANDUM TO THE IMMIGRATION AND NATIONALITY (FEES) REGULATIONS 2014. 2014 No. XXXX
EXPLANATORY MEMORANDUM TO THE IMMIGRATION AND NATIONALITY (FEES) REGULATIONS 2014 2014 No. XXXX 1. This explanatory memorandum has been prepared by the Home Office and is laid before Parliament by Command
More informationKnowledge of language and life in the UK for settlement and naturalisation Statement of Intent, changes to the requirement from October 2013
Knowledge of language and life in the UK for settlement and naturalisation Statement of Intent, changes to the April 2013 Contents Introduction... 3 The Knowledge of Language and Life Requirement for Settlement...
More information2016 No. 226 IMMIGRATION NATIONALITY. The Immigration and Nationality (Fees) Regulations 2016
S T A T U T O R Y I N S T R U M E N T S 2016 No. 226 IMMIGRATION NATIONALITY The Immigration and Nationality (Fees) Regulations 2016 Made - - - - 23rd February 2016 Laid before Parliament 26th February
More informationSTATEMENT OF INTENT: CHANGES AFFECTING STUDY, POST-STUDY WORK AND MAINTENANCE REQUIREMENTS FOR STUDENTS AND WORKERS. February 2012
STATEMENT OF INTENT: CHANGES AFFECTING STUDY, POST-STUDY WORK AND MAINTENANCE REQUIREMENTS FOR STUDENTS AND WORKERS February 2012 Contents Introduction...3 Interim limit...4 Maximum time in Tier 4 at degree
More informationEVIDENCE LIST FOR GIVING NOTICE OF MARRIAGE OR CIVIL PARTNERSHIP
EVIDENCE LIST FOR GIVING NOTICE OF MARRIAGE OR CIVIL PARTNERSHIP This document provides a list of the evidence which has been prescribed in regulations to enable a person to give notice of their intention
More informationEuropean Court of Human Rights. Questions & Answers
European Court of Human Rights Questions & Answers Questions & Answers What is the European Court of Human Rights? These questions and answers have been prepared by the Registry of the Court. The document
More informationAll basic checks previously mentioned in chapters 1-5 will have been made before establishing that the individual is a seaman deserter:
Chapter 6 Seamen Index Enforcement Instructions and Guidance 6. Seamen 6.1. Procedures when detecting a seaman who has failed to comply with limited leave or a seaman deserter Mandatory systems checks
More informationJobcentre Plus Customer Journey
Jobcentre Plus Customer Journey A Guide to Jobcentre Plus Services for Refugees October 2010 Page 1 of 19 INTRODUCTION...2 Customer Contact Centre Procedure... 3 Child Tax Credit... 3 Habitual Residence
More informationRefugee, Asylum and International Operations Directorate. Humanitarian Parole Program
Refugee, Asylum and International Operations Directorate Humanitarian Parole Program The Humanitarian Parole Program is administered by the Humanitarian Affairs Branch Office of International Operations
More informationImmigration Directorate Instruction Family Migration: Part 8: Annex F. Adequate Maintenance & Accommodation
Immigration Directorate Instruction Family Migration: Part 8: Annex F Adequate Maintenance & Accommodation Contents Contents... 2 1. Introduction... 4 2. Definition of adequate maintenance... 5 2.1. Who
More informationApril 2006 GPC. General Practitioners Committee. Overseas visitors - who is eligible for NHS treatment? Guidance for GPs
April 2006 GPC General Practitioners Committee Overseas visitors - who is eligible for NHS treatment? Guidance for GPs Overseas visitors who is eligible for NHS treatment? There is considerable confusion
More informationFrequently asked questions about the illegal working civil penalty scheme
Frequently asked questions about the illegal working civil penalty scheme May 2015 Produced by the Home Office Crown copyright 2015 1 Contents 1: Introduction Who should read this FAQ? References in this
More informationThe Immigration (European Economic Area) Regulations 2006
STATUTORY INSTRUMENTS 2006 No. 1003 IMMIGRATION The Immigration (European Economic Area) Regulations 2006 Made - - - - - 30th March 2006 Laid before Parliament 4th April 2006 Coming into force - - 30th
More informationAsylum Advice Post Decisions Refusal
Asylum Advice Post Decisions Refusal Asylum Advice - part of the Migrant Help organisation Section 4B: Post Decisions - Refusal This section explains what happens if your application is refused. If you
More informationAsylum Support Application Form (ASF1)
Destitution Message Asylum Support Application Form (ASF1) Under the terms of the Immigration and Asylum Act 1999, the Secretary of State may provide, or arrange for the provision of support for asylum
More informationIt is important that you apply for asylum as soon as you enter the UK and that you seek legal advice as soon as possible.
March 2012 English When you apply for asylum in the United Kingdom (UK), you are asking the Home Office to recognise you as a refugee. The definition of a refugee comes from a piece of international law
More informationSTUDENT SATISFACTORY COURSE PROGRESSION POLICY AND PROCEDURE
STUDENT SATISFACTORY COURSE PROGRESSION POLICY AND PROCEDURE 1. Background The National Code 1 is designed to support the integrity of the Australian Government s migration laws by requiring International
More informationBooklet AN. Naturalisation Booklet The Requirements. To be read in conjunction with Guide AN
Booklet AN Naturalisation Booklet The Requirements To be read in conjunction with Guide AN June 2016 CONTENTS Page 1. Do you qualify for naturalisation? 3 A. Requirements if you are married to or the civil
More informationFull guide for employers on preventing illegal working in the UK. October 2013
Full guide for employers on preventing illegal working in the UK October 2013 Contents Who should read this guide?... 4 Changes to preventing illegal working guidance... 4 Complaints... 4 Introduction...
More informationCHAPTER 7 SECTION 3 EEA NATIONALS & THEIR FAMILY MEMBERS. 1. Background to free movement and the EEA Regulations
IMMIGRATION DIRECTORATES' INSTRUCTIONS CHAPTER 7 SECTION 3 EEA NATIONALS & THEIR FAMILY MEMBERS CONTENTS 1. Background to free movement and the EEA Regulations 2. Member States of the EEA 2.1. A8 countries
More informationSAFE THIRD COUNTRY CASES
SAFE THIRD COUNTRY CASES Table of Contents SAFE THIRD COUNTRY CASES 1. Introduction 1.1 Application of this Instruction in Respect of Children and those with Children 2. The Dublin Arrangements 3. The
More informationUNHCR ACTIVITIES FINANCED BY VOLUNTARY FUNDS: REPORT FOR 1993-1994 AND PROPOSED PROGRAMMES AND BUDGET FOR 1995 PART III. EUROPE
UNITED NATIONS A General Assembly Distr. GENERAL A/AC.96/825/Part III/15 21 July 1994 Original: ENGLISH EXECUTIVE COMMITTEE OF THE HIGH COMMISSIONER S PROGRAMME Forty-fifth session UNHCR ACTIVITIES FINANCED
More informationAhmadi (s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) THE IMMIGRATION ACTS. Before UPPER TRIBUNAL JUDGE PETER LANE. Between JAVAD AHMADI
Upper Tribunal (Immigration and Asylum Chamber) Ahmadi (s. 47 decision: validity; Sapkota) [2012] UKUT 00147 (IAC) THE IMMIGRATION ACTS Heard at Royal Courts of Justice On 7 March 2012 Determination Promulgated
More informationWhat an immigration lawyer needs to know about LASPO 2012
What an immigration lawyer needs to know about LASPO 2012 1. This note addresses the following questions about Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (the Part concerning
More informationImmigration Law Update
Immigration Law Update Summer 2015 Contents: Key changes Health surcharge Marriage and civil partnership Banking Illegal working Right to rent checks Current Immigration Options Investors Entrepreneurs
More informationA GUIDE TO CRIMINAL INJURIES COMPENSATION
A GUIDE TO CRIMINAL INJURIES COMPENSATION Being a victim of crime such as physical or sexual assault can have significant and long-term consequences for a woman s health and wellbeing. If you have experienced
More informationIR20 - Residents and non-residents Liability to tax in the United Kingdom Part I Meaning of residence, ordinary residence and domicile
available for those people who need to make reference to for their tax affairs before - Residents and non-residents Liability to tax in the United Kingdom Contents Preface Introduction General Definitions
More informationInformation for applicants on the new English language requirement for partners
Information for applicants on the new English language requirement for partners General information Who will the requirement affect? From 29 November 2010, any migrant applying to enter the UK or applying
More informationUpdate to cuts/changes to legal aid for immigration advice:
Update to cuts/changes to legal aid for immigration advice: 1. This note accompanies a discussion at the Ealing Advice Forum on 16 th May at Perceval House, West London concerning the ongoing changes to
More informationAustralian Government response to the Joint Standing Committee on Migration report:
Australian Government response to the Joint Standing Committee on Migration report: Enabling Australia Inquiry into the Migration Treatment of Disability November 2012 Preamble The Australian Government
More informationApplying for permanent residence in Australia Information for people with HIV and their advisors
AFAO Factsheet March 2011 Applying for permanent residence in Australia Information for people with HIV and their advisors AUSTRALIAN FEDERATION OF AIDS ORGANISATIONS INC. ABN 91 708 310 631 PO Box 51
More informationIn May and July 2014 UK Visas and Immigration (UKVI) introduced changes to the right to work checks employers are required to carry out.
Summary of changes - August 2014 In May and July 2014 UK Visas and Immigration (UKVI) introduced changes to the right to work checks employers are required to carry out. In light of the recent changes,
More informationPrison Law Team. Leading prison lawyers. We re and we believe everyone has the right to justice and for their voice to be heard.
We re and we believe everyone has the right to justice and for their voice to be heard. Prison Law Team Leading prison lawyers The firm has a burgeoning prison practice and has been handling an increasing
More informationSenior care workers and immigration
Law Centre (NI) Information Briefing This briefing was compiled for an advice and training session for UNISON members. Senior care workers and immigration Changes to Tier 2 of the Points Based system The
More informationHow To Treat An Overseas Visitor
OPERATIONAL DIRECTIVE Enquiries to: Philip Brown (08) 9222-2054 Number: OD 0212/09 Date: 14 August 2009 Supersedes: OP 1986/05 File No: RSD-00135/07 Subject: Reciprocal Health Care Agreements (RHCA) The
More informationFREQUENTLY ASKED QUESTIONS: CHANGES TO THE NOTIFICATION REQUIREMENTS FOR REGISTERED SEX OFFENDERS
FREQUENTLY ASKED QUESTIONS: CHANGES TO THE NOTIFICATION REQUIREMENTS FOR REGISTERED SEX OFFENDERS GENERAL: Q. Why do I have to provide these details? The provision of this information is intended to assist
More informationImmigration Directorate Instruction Family Migration: Appendix FM Section 1.7 Appendix Armed Forces. Financial Requirement
Immigration Directorate Instruction Family Migration: Appendix FM Section 1.7 Appendix Armed Forces Financial Requirement Contents 1. Introduction... 4 1.1. Who needs to meet the financial requirement?...4
More informationAccessing bank accounts and credit for business start up
March 2007 Accessing bank accounts and credit for business start up A Briefing Paper issued by the Refugee Council The Refugee Council is the largest charity working with asylum seekers and refugees across
More informationApplication for a Replacement Biometric Residence Permit (BRP)
Application for a Replacement Biometric Residence Permit (BRP) Replacement Biometric Residence Permit (BRP RC) version 03/2016 In accordance with paragraph 34 of the Immigration Rules, this form is specified
More informationPosition Statement. Policy rationale; policy realities
Position Statement OCTOBER 2013: FOR GENERAL DISTRIBUTION HIV and Australia s Migration Health Requirement for permanent residence: call for policy reform Policy rationale; policy realities The policy
More information2014/15 Social Work Bursary. Booklet for Students Studying on a Postgraduate Social Work Course
2014/15 Social Work Bursary Booklet for Students Studying on a Postgraduate Social Work Course 2014/15 Social Work Bursary students studying on a postgraduate social work course This booklet is for students
More informationChanges to Tier 4 Sponsor guidance (version 12/12)
Changes to Tier 4 Sponsor guidance (version 12/12) PAGE 12 ADDITIONAL PARAGRAPH Maintaining your educational oversight 77. All sponsors are required to maintain their educational oversight throughout the
More informationImmigration Act 2014 CHAPTER 22. Explanatory Notes have been produced to assist in the understanding of this Act and are available separately
Immigration Act 2014 CHAPTER 22 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 20. 75 Immigration Act 2014 CHAPTER 22 CONTENTS PART 1 REMOVAL
More informationLet us Learn briefing
Let us Learn briefing Just for Kids Law is an award-winning charity, which helps young people who are in need of support and advice, or legal representation. Often, these will be teenagers with difficulty
More informationASYLUM AND IMMIGRATION TRIBUNAL
ST (s92(4)(a): meaning of has made ) Turkey [2007] UKAIT 00085 ASYLUM AND IMMIGRATION TRIBUNAL THE IMMIGRATION ACTS Heard at: Field House Date of Hearing: 15 May 2007 Before: Mr C M G Ockelton, Deputy
More informationThe Common European asylum system overview of EU s legal framework. Sofia Pinto Oliveira Bucharest 11 th September 2012
The Common European asylum system overview of EU s legal framework Sofia Pinto Oliveira Bucharest 11 th September 2012 I. Where do we come from? II. Where are we? 1986 Schengen Agreement Abolition of internal
More informationImmigration guide for employers
IMMIGRATION Immigration guide for employers April 2013 Immigration Guide for Employers - April 2013 1 IMMIGRATION GUIDE FOR EMPLOYERS This guide will help you decide the right category for workers you
More informationEquality Analysis Immigration Sanctions for those with unpaid debts arising from the NHS (Charges to Overseas Visitors) Regulations 2011
Gateway reference: 17038 Equality Analysis Immigration Sanctions for those with unpaid debts arising from the NHS (Charges to Overseas Visitors) Regulations 2011 Regulations to charge overseas visitors
More informationSection 4 Bail Accommodation Table of Contents
Section 4 Bail Accommodation Table of Contents 1 Background 1.1 Introduction 1.2 Application of this instruction in respect of children and those with children 2 Applying for Support Under Section 4(1)(c)
More informationTHE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW *
14 January 2014 Level 6 IMMIGRATION LAW Subject Code L6-8 THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES UNIT 8 IMMIGRATION LAW * Time allowed: 3 hours plus 15 minutes reading time Instructions to Candidates
More informationThe Refugee Council s response to Government proposals on legislation on identity cards
The Refugee Council s response to Government proposals on legislation on identity cards July 2004 Registered address: Refugee Council, 3 Bondway, London SW8 1SJ Charity number: 1014576 Company number:
More informationEntertainment Industry Accreditation Application
OFFICE USE ONLY Client no.: Date received: / / Application no.: INZ 1197 Entertainment Industry Accreditation Application Under Specific Purpose or Event Instructions Entertainment industry accreditation
More informationWork Visa Application
OFFICE USE ONLY Client no.: Date received: / / Application no.: INZ 1015 Work Visa Application based on qualifications, employment or humanitarian reasons Refer to the Work Visa Guide The Work Visa Guide
More informationImmigration and HIV Testing: What you need to know
Immigration and HIV Testing: What you need to know Citizenship and Immigration Canada requires a medical exam for all immigrants and refugees. The medical exam includes a screening test for HIV for everyone
More informationEEA nationals requiring comprehensive sickness insurance (including transitional arrangements for students).
From: Subject: European Operational Policy Team EEA nationals requiring comprehensive sickness insurance (including transitional arrangements for students). Date: 9 August 2011 Issue number: 7/2011 (Revised)
More informationTIER 2 Version 11/15. Tier 2 of the Points Based System Policy Guidance
TIER 2 Version 11/15 Tier 2 of the Points Based System Policy Guidance This guidance is to be used for all Tier 2 applications made on or after 19 November 2015 CONTENTS Contents PART 1: INTRODUCTION...
More informationalc halc HIV/AIDS Legal Centre Incorporated (NSW) ABN 39 045 530 926 POSITIVE MIGRATION GUIDE
POSITIVE MIGRATION GUIDE Immigration for HIV positive people, their family members and others who fail the health criteria alc halc HIV/AIDS Legal Centre Incorporated (NSW) ABN 39 045 530 926 This Immigration
More informationUNHCR Policy on Return to Burundi List of Questions of the Ministry of Foreign Affairs of Germany
UNHCR Policy on Return to Burundi List of Questions of the Ministry of Foreign Affairs of Germany 1. Which internationally recognised conditions have to be fulfilled for UNHCR to declare a country or a
More informationContents. Tables of Cases Table of Treaties and Other International and Regional Instruments Selected Abbreviations Online Resource Centre
Tables of Cases Table of Treaties and Other International and Regional Instruments Selected Abbreviations Online Resource Centre xxv xliii xlix lv Chapter 1 The Refugee in International Law 1 1. Introduction
More informationAliens (Consolidation) Act
Consolidation Act No. 808 of 8 July 2008 Aliens (Consolidation) Act The following is a consolidation of the Aliens Act, cf. Consolidation Act No. 1044 of 6 August 2007, with the amendments following from
More informationApplication For No Time Limit (NTL) And A Biometric Immigration Document By Someone Who Already Has Indefinite Leave To Enter Or Remain In The UK
NTL Version 04/2015 Application For No Time Limit (NTL) And A Biometric Immigration Document By Someone Who Already Has Indefinite Leave To Enter Or Remain In The UK In accordance with paragraph 34 of
More informationBUSINESS APPLICATIONS UNDER THE TURKISH- EC ASSOCIATION AGREEMENT (ECAA)
CHAPTER 6 SECTION 6 BUSINESS APPLICATIONS UNDER THE TURKISH- EC ASSOCIATION AGREEMENT (ECAA) Contents 1. Background 2. Applicants who cannot take the benefit of the standstill clause 2.1. Fraudulent /
More informationASYLUM SEEKERS & REFUGEES
ENGLISH Myth Buster ASYLUM SEEKERS & REFUGEES This leaflet is available in accessible formats. Please phone 01978 292535 for information. THIS LEAFLET HAS BEEN PRODUCED TO ANSWER SOME COMMONLY ASKED QUESTIONS
More informationEnglish language. This guidance is based on the Immigration Rules
This guidance is based on the Immigration Rules Page 1 of 39 version 11.0 Valid from 01 August 2014 test This guidance gives information for caseworkers on assessing the s for Tiers 1 and 2 of the points-based
More informationRECRUITING INTERNATIONAL STUDENTS. A Guide for Employers. uel.ac.uk
RECRUITING INTERNATIONAL STUDENTS A Guide for Employers uel.ac.uk ABOUT THE UNIVERSITY OF EAST LONDON The University of East London (UEL) attracts a vibrant and diverse community, with over 26,000 students
More informationA U.S. IMMIGRATION LAW FIRM. Immigration Law Overview
A U.S. IMMIGRATION LAW FIRM Immigration Law Overview Deportation and Removal Proceedings Immigrants face removal from the United States if they are charged with a crime or are caught living or working
More informationAPPLICATION REGISTRATION CARD (ARC) AND STANDARD ACKNOWLEDGEMENT LETTER (SAL)
APPLICATION REGISTRATION CARD (ARC) AND STANDARD ACKNOWLEDGEMENT LETTER (SAL) 1. Introduction This instruction explains what an Application Registration Card (ARC) and a Standard Acknowledgement Letter
More informationOISC LEVEL 1 EXAM RESOURCE BOOK
OISC LEVEL 1 EXAM RESOURCE BOOK AUGUST 2015 VERSION The August 2015 version of this resource book has been updated to include the amended Part 2, and Appendix V of the Immigration Rules, and amendments
More informationA-Z Hospitals NHS Trust (replace with your employer name)
Department of Health will be issuing new guidance relating to the monitoring of equality in April 2013. The equality and diversity sections within NHS Jobs application forms will be reviewed and updated
More informationExecutive Order on Residence in Denmark for Aliens Falling within the Rules of the European Union (the EU Residence Order) 1
Act No. 322 of 21 April 2009 Executive Order on Residence in Denmark for Aliens Falling within the Rules of the European Union (the EU Residence Order) 1 The following is laid down pursuant to section
More informationImmigration directorate instructions Chapter 13: criminality guidance in Article 8 ECHR cases. Version 5.0
Immigration directorate instructions Chapter 13: criminality guidance in Article 8 ECHR cases Version 5.0 28 July 2014 Contents Section 1: Introduction 1.1 Purpose 1.2 Framework 1.3 Section 55 duty Section
More informationILPA response to Inquiry into Asylum Support for Children and Young People
ILPA response to Inquiry into Asylum Support for Children and Young People Annexe 1 Caselist The cases below are drawn from ILPA s February 2010 response evidence to the Ministry of Justice consultation
More informationA guide to Social Work Bursaries for postgraduate students (V1) 05/2015 1
A guide to Social Work Bursaries for postgraduate students (V1) 05/2015 1 Contents Introduction... 3 Disclaimer... 3 Background and regulations... 3 Eligibility... 4 Residency criteria... 4 Residency rules
More informationChanges to the Knowledge of language and life in the UK requirement for settlement and naturalisation
Changes to the Knowledge of language and life in the UK requirement for settlement and naturalisation From 28 October 2013, there will be two parts to the Knowledge of Language and Life in the UK (KoLL)
More informationIntroduction 20. Do I need a visa to go to Australia on holiday 20 or for a short stay? Visitor ETA 20. Short Validity Business ETA 22
Introduction 20 Do I need a visa to go to Australia on holiday 20 or for a short stay? Visitor ETA 20 Short Validity Business ETA 22 Tourist Visa 23 Can I work in Australia while on an ETA or tourist visa?
More informationPart 1 Aliens entry into and stay in Denmark
Consolidation Act No. 863 of June 25 th 2013 Aliens (Consolidation) Act 1) The following is a consolidation of the Aliens Act, see Consolidation Act No. 984 of 2 October 2012 with the amendments following
More informationInformation pack for refugees
English Information pack for refugees September 2012 British Refugee Council, (commonly called the Refugee Council) is a company limited by guarantee registered in England and Wales, [No 2727514] and a
More information