Category: Immigration

An Indian family who have lived in Oxford for seven years have been told they must leave the UK, despite doctors warning their son is too ill to travel.

Gopul Anand, 23, who has schizophrenia, epilepsy and autism, moved to the city when his father got a job at Oxfam GB.

Shekhar Anand said his son’s condition had deteriorated to the point he was not well enough to fly home.

The Home Office said it had contacted the family about “support options available to them”.

A spokesperson said: “We have been in touch with the Anand family to discuss the arrangements for their travel to India, including support options available to them.”

The family, who arrived in the UK in 2011, were hoping to be granted discretionary leave to remain after their visas ran out. Two tribunals have ruled against them.

Letters from Gopul’s psychiatrist and social worker say he experiences hallucinations, displays impulsive and aggressive behaviour, and would be a risk to himself and other passengers.

Describing how his son could be affected, Mr Anand, a regional livelihood development lead at Oxfam, said: “He gets panic attacks which can be very severe.”

A flight would pose a “very difficult situation” with “scary voices and images,” Mr Anand added.

Solicitor Dr Sugina Mehra said the family has “supplied ample evidence clearly saying [Gopal was] not fit to fly”.

Anneliese Dodds, MP for Oxford East, said she was “very disappointed” the appeal had been dismissed.

Oxfam said it would “continue to employ Shekhar in his current role should his appeal be successful”.

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“This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.”

By the end of this year, the UK plans on leaving the European Union. This means a new points-based system for immigration will be announced to replace the current system for all European and Non-European Nationals in 2021.

There will be changes to be implemented for certain categories thus affecting mainly students, employers and employees.

• A job offer skilled to A-Level standard or equivalent from a company that is a licensed sponsor. 
• The worker must be able to speak English to the required level.
• The worker must then be able to secure further points based on their education, remuneration and or shortage occupation roles.

Note: Workers currently on the Tier 2 visa will need to extend or transfer their visas to the new skilled worker route. 

As of 1st January 2021, these are some of the major changes to be aware of: 

• The Resident labour market test will be removed for the entire ‘skilled worker’. This means employers will no longer need to show that the job role they are seeking to fill has been advertised prior to sponsoring the skilled worker. Despite this, the sponsor must still show that it is a genuine vacancy and meet the skills and salary threshold for the skilled worker. 
• All tier 2 sponsor licence holder will automatically be converted to skilled worker Licences. 
• Removal of the Tier 2 General Restricted Cap. This means that the limit on how many skilled workers can come to be UK will be removed. 
• In country switching between visa routes will be made more flexible, so where a migrant is able to meet the criteria of the new routes, they will be allowed to switch from one immigration route to another category from within the country.  This is a positive change for both employers and visa applicants, it will allow for a smooth switch minimizing disruption for both parties. However, visitors will not be able to switch.
• A ‘cooling off period’ will be removed for all skilled workers including employers and employees. Skilled workers will no longer have to return to their home country for 12 months before re-entering the UK, they can do so immediately. 

Tier 2 Inter Company Transfer visas route will  remain the same with no substantial changes. 

Businesses can continue transferring existing skilled employed to the UK. Skilled workers on Tier 2 ICT will continue to be skilled at degree level and minimum salary of £41,500 or SOC Code level (if higher).  The applicant will still not be required to have English speaking skills and the route will not lead to permanent residence. 

The two important changes to note:

• The applicant requires 12 months of prior service with the business immediately before applying,
• Cooling off period will still apply however will be relaxed and more flexible. 

All European Nationals who arrive in the UK before 31/12/2020 need to register under the EUSS for them to be able to reside in the UK. The application must be made at the latest before 30/06/2021 and is always recommended to be submitted ASAP. 

From 01 January 2021 all EEA Nationals will need to apply for a visa under the new Points based system to come and work in the UK. 

Other Changes 

The guidance omits certain routes including Tier 1 investor and Sole representative Visa. Chances are these routes will not be affected by the new PBS System. 

A new highly skilled worker route will be introduced and opened for a small number of highly skilled worker without a job offer. 

The Graduate route will allow international students to remain in the UK to work after graduating, like post study work visas form the past. No sponsorship will be required. 

The immigration health surcharge will be increased from 01 October 2020 from £400 to £623 per visa year per person. Anyone under the age of 18, NHS worker, Care worker and wider health workers will be exempt. 

Please note, these rules are guidance at the moment and further detailed information will be released later this year to confirm the implementation.  

Our recommendation to you is to seek advice from a professional immigration expert to guide you on your immigration matter.

Contact our Immigration Solicitors in Ruislip, Middlesex

The locally-based lawyers at The Sethi Partnership Solicitors have been providing specialist legal advice for a diverse range of clients since 1994. Whatever your circumstances, speak to one of our trusted solicitors today to discuss your case.

To arrange an initial appointment, call us today on 0208 866 6464 or complete our online enquiry form and we will be in touch.

As part of the governments overall changes to the UK’s family migration policy.

The Adult dependent relative rules which came into effect in July 2012, brought with them a tougher and stringently enforced entry criterion. In a leading case, the court of appeal has confirmed that the ADR Rules are rigorous and demanding and hence evidence provided in support of any application under this rule can never be good enough nor sufficient and for this reason the number of ADR visas issued in the UK is categorically low.

The joint council for the welfare of immigrant has stated that the ADR rules are ‘unnecessarily harsh, causing families suffering and anxiety and are rationally disconnected from the government’s policy on family values’.

In simple terms, applicants applying under the ADR rules must be able to demonstrate the following;

• That they require long term personal care
• That they are unable to get the long term personal care in their home country due to cost or availability
• That the person sponsoring them can accommodate and maintain them without public funds for at least 5 years

The first requirement, that the applicant must need long term personal care is subjective and easier to satisfy as Medical reports, doctors’ opinion etc. can be provided to prove that the applicant requires support with everyday tasks such as cooking cleaning washing and dressing.

The stumbling block for applicants is the second and third strands whereby the applicants must demonstrate that their required personal care cannot be obtained in their home country due to availability or cost. There is not a single country that we know which does not have care homes, private hospitals, or paid carers, hence making this hurdle virtually impossible to clear. This is particularly so, when taken together with strand 3 which requires sponsors to undertake to accommodate and maintain their adult dependent relative in the UK for at least 5 years, without recourse to public funds. It would flow from this, that if sponsors are able to provide this undertaking, they will find it hard to categorically prove that long personal care cannot be provided to the Adult dependent relative, due to costs or that they are unable to afford it.

A review of the rules in December 2016 found that the number of visas issued to parents and grandparents dropped from 2325 per year to an average 162 per year after the new rules were introduced. Figures have found that only 34 ADR visas were granted 2016-2017, this figure has only declined further with most visa grants involving an initial refusal followed by an allowed appeal at the courts. The review considered whether the rules were meeting their policy objectives and whether alternative rules might be introduced, the UKVI concluded that the rules would not change.

Evidently, making an application to bring your parent or grandparent to the UK is notoriously difficult, especially given that the intention of the current government is to clamp down further.

A recent case has helped with ADR applicants; the case found that applicants and their sponsors can rely on their Article 8 right to respect for private and family life under the European Convention on Human Rights, to overturn a hostile decision in exceptional circumstances. An argument under Article 8 will provide some assistance to people struggling to bring their dependant relatives and their family members to the UK.

Given that ADR visa applications are made in area of law which is rigorous, stringent and technical, it is vital that sound professional legal advice is sought from a knowledgeable and experienced immigration solicitor. Comprehensive legal advice from the initial stage is crucial in obtaining the best possible outcome for the Applicants circumstances.

The immigration department at The Sethi Partnership Solicitors can assist you in aspects of bringing your Adult dependant relative to the UK and all other immigration applications. Contact us on 0208 866 6464 or immigration@sethi.co.uk or sethi.reception@vyman.co.uk.

“This document is for informational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given.