New rules on continuous residence in PBS settlement: no more ILR-application-date-moving in order to fit the long absences in!

Heads up PBS migrants (Tier 1 and 2) applying for ILR!

From Thursday 11 January, new rules on calculating continuous residence come into effect, which put an end to “ILR application date shopping” in order to break long absences into separate 12-month periods. Now all absences will be assessed on a rolling basis, and you will have to not have had ANY 180+ day absences in ANY 12-month periods, not only those counted back from application date!

This will make some remaining T1G migrants permanenly ineligible for settlement and is a very worrying trend. I for one just expected them to relax the rules to help some people settle, and sense unusual hostility to remaining T1G migrants in this move.

{Rare} credit where it’s due goes to a  Freemovement blog associate who noticed this when the rest of us hadn’t.I now analyzed the text and believe now that she is right, the intention behind the change was exactly this (sadly).

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/665828/CCS207_CCS0817919842-3_HC_309_-_Statement_of_Changes_in_Immigration_Rules__4__PRINT.pdf

 

Attention EU citizens: Home Office WILL LOSE your original passports, then LIE about it, then refuse to help or investigate

Been listening much about how we will be all ready for Brexit, with 1200 (presumably external contractor such as Capita) employees and new, brilliant shiny process for handling EU nationals documents? I think MPs, The Home Affairs Select Committee, EU nationals in the UK and the world need to read my complaint to day to the Home office, to see what EU nationals much like themselves are going through now. UKVI LOST TWO ORIGINAL POLISH PASSPORTS (I personally suspect theft by a rogue non-HO employee at Durham payment processing site, and have made a FOI to establish what co runs it and how employees are vetted), but that is not all – the UKVI then LIES about it, refuses to help, covers it up,. basically ANYTHING except apology and offer of cost of replacements – as you would expect!

Read the scary Christmas story here – it can and WILL happen to you

https://drive.google.com/file/d/1lzhMGNOZ1eO8vG7jkS13Z8uguBaRSbLz/view?usp=sharing

This is not all actually. Clearly HO had been having concerns about safekeeping and custody of all these EU passports, so a procedure had been instituted in Durham (mentioned in the letter) that immediately copies and returns EEA passports to sender(s). This has now been expanded to British passports sent with other Durham-processed applications, such as FLR(FP). Those who follow my FB page saw last week how three British passports – loose- had been brought into our building by a bewildered postman with a torn-in-half, non-tracked, yellow paper envelope from which, as he rightly surmised, they had fallen out of. This is the same Durham contractor site sending the passports off, notably in envelopes to which “signed for” stickers are attached, but not enough postage for signed-for. There is more trouble to come!

 

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Lounes ECJ ruling finally published, post-naturalisation spouses must be granted residence “no worse than EU terms” but do not derive rights automatically from the Free Movement Directive

As often, ECJ decisions sort of hard to parce in minutes, so more later. However the gist is, the Court makes a lot of valuable points — which TBH I thought were already obvious after McCarthy2 case – to explain that those EU nationals who have exercised Treaty Rights in another member states and eventually naturalised there, CANNOT be treated just as badly as those state’s own nationals who had never left it. The Court rules that denying residence to their post-naturalisation spouses would constitute deterrent to free movement’s important aim — ultimate integration in the host state. Post-naturalisation spouses … Continue reading →

**United States Diversity Visa Lottery Alert** 

It’s been said a lot over the years, but I now believe we are probably in the waning days of the last ever DV lottery entry period. It is VERY likely that the program will be shut by Congress in the next 6 months, probably letting the DV-2019 run but preventing the DV-2020. ENTER BEFORE 22 NOVEMBER 2017 OR MISS THE PARTY! Diversity lottery accounts for circa 50,000 immigrant admissions per year – by US standards, this is a near-negligible number in the general flow of migrants. Yet, it seems almost nonsensical, as a route for possibly low skilled migrants … Continue reading →