MartynsRose Solicitors Blog

On 2^nd February 2012 the immigration Minister confirmed the introduction of a new route for international graduate entrepreneurs – international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to
develop their business ideas.

New change shave been introduced in respect of all applications for UK visas made in South Africa.

From 16 January all applications for a UK visa made in South Africa must be paid for online, before an application is submitted for consideration at the British Embassy or at one of the visa application centres.

From today,
Monday 19 December 2011 the fees required to be paid for some appeal cases
before the tribunal process them are as follows.

Note the fees
are for each person appealing;

• For an appeal to be determined at an Oral Hearing £140.00

• For an appeal to be determined on the papers provided £80.00

For more
details contact MartynsRose Solicitors on

0208 538 1397,

07931 116 124

www.martynsrosesolicitors.co.uk

admin@martynsrosesolicitors.co.uk

On 14^thDecember 2011, the UKBA announced that from 19 December 2011, all applications
for a UK visa made in some EU countries must be completed using the online
application system and paid for online in Euros.

Applicants must then go to the visa application centre at the British Embassy to submit a
printed copy of the application form and biometric data (fingerprints and
photograph). Applicants will no longer be able to pay at the visa application centre
from this date.

The introduction of online payments is part of a wider move to allow almost all applicants to apply and pay for their visas online by 2013/14.

For more Information contact our dedicated immigration team on 0208 538 1397 07931 116 124, admin@martynsrosesolicitors.co.uk, www.martynsrosesolictors.co.uk

From 19^th December 2011, The Ministry of Justice will be introducing appeal fee charges for some asylum and immigration appeals.

Anyone who wishes to appeal against a decision notice dated 19 December 2011 or later will need to pay a fee. The appeal fee will apply to most categories of visas and decisions. Any exemptions to the fees will be outlined by the Ministry of Justice. This will not affect any decision notices that are dated before 19 December.

From 19 December all appeals will be lodged at the tribunal in the UK. No appeals will be accepted at any overseas visa application centers.

More details contact Martynsrose Solicitors

Tel: 0208 538 1397, 07931 116 124

www.martynsrosesolicitors.co.uk

admin@martynsrose solicitors.co.uk

New changes introduced to the shortage occupation list come into force from 14^th
November 2011. Specialist jobs that are no longer required in the UK have been
removed from a government-approved list.

Occupations removed from the list include:

• secondary education biology teachers;
• speech and language therapists;
• pharmacists;
• orthoptists;
• veterinary surgeons; and,
• Rank and file orchestral musicians.

Added to the list will be:

• actuaries;
• high integrity pipe welders;
• environmental scientists; and,
• geochemists

The Government approved list version can be found at.

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlistnov11.pdf

From 31 October 2011, further changes to the Immigration Rules for Work permit
holders and Tier 2 migrants were introduced requiring applicants to provide
specified documents to confirm that they are being paid at or above the
appropriate rate for their job. This is in addition to the employer’s
confirmation.

From 31 October, any settlement application by a
Tier 2 migrant or a work permit holder must include:

• a payslip and a
  personal bank or building society statement; or
• a payslip and a
  building society pass book.

If an applicant fails to provide this evidence,
their application may be refused.

[EM and Others (Returnees) Zimbabwe CG[2011] UKUT 98 (IAC)]

The Upper Tribunal passed the latest judgement on removal of Zimbabwean asylum seekers. The judgement also considered gave guidance on assessment of the private and family life where a family had lived in UK with children for over 11 years and found in the n the absence of countervailing factors, residence of over 7 years with children well-integrated into the educational system in the United Kingdom, is an indicator that the welfare of the child favours regularisation of the status of mother and children.

Evaluating the position as at the end of January 2011, the country guidance at paragraph 267 of this determination replaces that in RN (Returnees) Zimbabwe CG [2008] UKAIT 00083, as follows:

1. As a general matter, there is significantly less politically motivated violence in Zimbabwe, compared with the situation considered by the AIT in RN. In particular, the evidence does not show that, as a general matter, the return of a failed asylum seeker from the United Kingdom, having no significant MDC profile, would result in that person facing a real risk of having to demonstrate loyalty to the ZANU-PF.
2. The position is, however, likely to be otherwise in the case of a person without ZANU-PF connections, returning from the United Kingdom after a significant absence to a rural area of Zimbabwe, other than Matabeleland North or Matabeleland South. Such a person may well find it difficult to avoid adverse attention, amounting to serious ill-treatment, from ZANUPF authority figures and those they control. The adverse attention may well involve a requirement to demonstrate loyalty to ZANU-PF, with the prospect of serious harm in the
   event of failure. Persons who have shown themselves not to be favourably disposed to ZANU-PF are entitled to international protection, whether or not they could and would do whatever might be necessary to demonstrate such loyalty (RT (Zimbabwe) [2010] EWCA Civ 1285).
3. The situation is not uniform across the relevant rural areas and there may be reasons why a particular individual, although at first sight appearing to fall within the category described in the preceding paragraph, in reality does not do so. For example, the evidence might disclose that, in the home village, ZANU-PF power structures or other means of coercion are weak or absent.
4. In general, a returnee from the United Kingdom to rural Matabeleland North or
   Matabeleland South is highly unlikely to face significant difficulty from ZANU-PF elements, including the security forces, even if the returnee is a MDC member or supporter. A person may, however, be able to show that his or her village or area is one that, unusually, is under the sway of a ZANU-PF chief, or the like.
5.  A returnee to Harare will in general face no significant difficulties, if going to a low-density or medium-density area. Whilst the socio-economic situation in high-density areas is more challenging, in general a person without ZANU-PF connections will not face significant problems there (including a “loyalty test”), unless he or she has a significant MDC profile, which might cause him or her to feature on a list of those targeted for harassment, or would otherwise engage in political activities likely to attract the adverse attention of ZANU-PF.
6.  A returnee to Bulawayo will in general not suffer the adverse attention of ZANU-PF, including the security forces, even if he or she has a significant MDC profile.
7. The issue of what is a person’s home for the purposes of internal relocation is to be decided as a matter of fact and is not necessarily to be determined by reference to the place a person from Zimbabwe regards as his or her rural homeland. As a general matter, it is unlikely that a person with a well-founded fear of persecution in a major urban centre such as Harare will have a viable internal relocation alternative to a rural area in the Eastern provinces. Relocation to Matabeleland (including Bulawayo) may be negated by discrimination, where the returnee is Shona.
8. Internal relocation from a rural area to Harare or (subject to what we have just said) Bulawayo is, in general, more realistic; but the socio-economic circumstances in which persons are reasonably likely to find themselves will need to be considered, in order to determine whether it would be unreasonable or unduly harsh to expect them to relocate.
9. The economy of Zimbabwe has markedly improved since the period considered in RN. The replacement of the Zimbabwean currency by the US dollar and the South African rand has ended the recent hyperinflation. The availability of food and other goods in shops has likewise improved, as has the availability of utilities in Harare. Although these improvements are not
   being felt by everyone, with 15% of the population still requiring food aid, there has not been any deterioration in the humanitarian situation since late 2008. Zimbabwe has a large informal economy, ranging from street traders to home-based enterprises, which (depending on the circumstances) returnees may be expected to enter.
10.  As was the position in RN, those who are or have been teachers require to have their cases determined on the basis that this fact places them in an enhanced or heightened risk category, the significance of which will need to be assessed on an individual basis.
11.  In certain cases, persons found to be seriously lacking in credibility may properly be found as a result to have failed to show a reasonable likelihood (a) that they would not, in fact, be regarded, on return, as aligned with ZANU-PF and/or (b) that they would be returning to a socio-economic milieu in which problems with ZANU-PF will arise. This important point was identified in RN, and remains valid.

From 6^th April 2011, its is now mandatory that persons making an application for work permit under the Point Based System or are planning  to switch their employment must meet the English Language requirement.

If you are a national of a majority English speaking, or hold a degree that was taught or researched in English which is equivalent to a UK Bachellors degree or above, then you meet the requirements.

The test must be attened by one of the UKBA approved providers. Failure to provide the certificate will render  applications in valid.

List of providers can be found at:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf