Immigration Law – What You Should Know About the UK Nationality and Borders Act

UK Nationality and Borders Act

On 28 April 2022, the UK Nationality and Borders Act became law by the government. This new law will change the rules for citizenship and asylum seekers drastically. Therefore, here’s an overview of some of the most significant changes made by this revision to UK immigration law.

The Home Secretary Have the Power to Take Away British Citizenship

This new legislation has given the home secretary a range of new powers, one of which includes having the ability to take away one’s British citizenship without warning. However, the government cannot leave anyone without a national identity. What that means is that you won’t be at risk if you only have British citizenship—and nothing else. However, if you have dual citizenship because of being born in another country or for any other reason, you are at risk.

Asylum Seeker May Be Sent to Rwanda

The UK Nationality and Borders Act has legalized the process of sending asylum seekers to Rwanda while they await their asylum claims. The government will use this for “inadmissible” asylum seekers. This change has been protested by several human rights experts as the UK continues to reduce access to its territory. Also, asylum seekers that are still waiting for their status are now fearful of their futures.

Certain Asylum Seekers Can Be Criminalised

The UK government has set two categories for asylum seekers based on how they entered the country. Group 1 includes those who had a visa to enter the country, while Group 2 includes those who do not. Thus, Group 2 will not meet the requirements of entering the country, which could lead to their prosecution.

What is unfortunate is that most people who attempt to seek asylum are unable to acquire visas for the UK because of the countries they belong to. Therefore, how one enters the UK will have a significant impact on their ability to claim asylum, and those entering through small boats are at great risk of deportation or prosecution.

Group 2 Asylum Seekers Have Worse Accommodations and Other Amenities than Those of Group 1

The home secretary can ensure that Group 2 asylum seekers have worse accommodations and other amenities than those of Group 1. This is also true for those who broke any immigration laws in the past to get to the UK. Thus, harsher living conditions for certain asylum seekers will affect countless people seeking refuge.

Last Few Words

There has been significant pushback since the UK Nationality and Borders Act was first introduced by several human rights experts and regular people alike. There’s no doubt that the passing of this new law makes it significantly harder for immigrants to seek refuge and live a safe life in the UK. That said, if you find yourself in a difficult spot regarding immigration law in the UK, know that you have options. A seasoned and knowledgeable solicitor may be to help your case.

Speeding Offence in the UK – Important Details You Should Know

Speeding offence in the UK

Even though a speeding offence in the UK is a common driving offence, it’s in your best interest to hire a solicitor. They can help inform you of your options and try to contest your case. If you are charged with a speeding offence, here are some crucial details you should know about it.

Speeding Offence in the UK

There are two ways that you can be charged for a speeding offence in the UK.

The first is being stopped by the police. Most suspects of a speeding offence receive a verbal Notice of Intended Prosecution (NIP) by the police. A NIP is a notice that explains that you will be prosecuted for a driving offence. This notice is time-sensitive. Therefore, you must respond to it within the appropriate time to avoid any penalties. It’s also in your best interest to seek advice from an experienced and trained solicitor before you respond to the NIP.

The second case is that you may be charged for a speeding offence without the police stopping you. It’s more common for motorists to be charged for a speeding offence in the UK without any police involvement. In this case, you may learn about your offence through a letter delivered to your place of residence.

What the Penalty for a Speeding Offence in the UK Is

A driving offence can lead to 3 to 6 penalty points. In addition to that, you may have to pay a fine of up to £1000. You may also be disqualified from driving for as long as 56 days. Cumulating penalty points may result in a longer driving disqualification, which may be six months or longer.

What you must understand is that you have the right to check all evidence for your speeding offence. Therefore, you can ensure that the charges against you are accurate, and you can determine if you can contest the charge. In addition to that, the Crown Protection Service may even drop your case entirely if it is unable to locate the evidence of your speeding. Keeping track of all pieces of evidence for every offender can become difficult as that requires considerable resources. Therefore, requesting the evidence for your case may even help your case be dissolved altogether.

You should note that it is not an easy process to acquire the evidence for your case. The Crown Protection Service is typically reluctant to provide any information about the case.

Last Few Words

A speeding offence in the UK may not seem like much, but it can result in unnecessary payments and driving disqualification. Thus, it’s best to hire a solicitor to review your case. They can help you explore your options for contesting the case and requesting to view the evidence against you. Of course, you should also try to be mindful of the traffic laws to stay away from these driving offences altogether.

Drink Driving in the UK

Drink driving in the UK

Throughout the UK, the laws regarding drink driving are strict, with penalties that can cost you money, driving disqualification, and prison time (in some cases). Therefore, this article on drink driving in the UK highlights the different ways the police can determine if you are drunk enough to be breaking the law.

Drink Driving in the UK

There are three ways the authorities may check if you are intoxicated by alcohol. These include a breath, blood, and urine test.

The Drink Driving Limits in England, Northern Ireland, and Wales

The driving limit is different in different parts of the UK. Here’s what it is in England, Northern Ireland, and Wales.

The breath test is the preliminary test, and the authorities typically perform it on the roadside if they suspect someone is guilty of drink driving. Therefore, the drink driving limit for the breath test is 35 micrograms of alcohol for every 100 millilitres of breath.

If you fail the test, you will be placed under arrest and taken to the police station. There, the police may require additional evidence of drink driving by performing blood and/or urine tests.

For the blood test, a suspect will be guilty of drink driving if every 100 millilitres of their blood contain 80 milligrams of alcohol. On the other hand, for the urine test, a suspect will be guilty of drink driving if every 100 millilitres of their urine contain 107 milligrams of alcohol.

The Drink Driving Limits in Scotland

The limits for drink driving in the UK have been stricter in Scotland since 2014.

  • For the breath test, a suspect may be guilty of drink driving if 100 millilitres of their breath contain 22 micrograms of alcohol.
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their blood contain 50 milligrams of alcohol
  • For the blood test, a suspect may be guilty of drink driving if 100 millilitres of their urine contain 67 milligrams of alcohol

Why You Should Not Drink Drive

In addition to breaking the law, here are some additional reasons why you should not drink and drive. Thus, when you are intoxicated:

  • Your brain takes longer to acquire and process the information from your eyes, impairing your vision
  • Your reaction times are slower than normal because it takes your brain longer to send messages to the muscles in your body
  • You may struggle to control the vehicle because your brain finds it challenging to process basic information

Therefore, the bodily impairments can put you and others on the road at significant risk, as you may not read traffic cues or react quickly to unexpected situations.

Last Few Words

If you don’t ever want to be charged with drink driving in the UK, then it’s best to look for other means of transport before you plan to drink. Keep your phone charged, and save any reliable app to make it easy to call for a car when you need one.

Signs You Should Hire Bankruptcy Lawyer – AM International Solicitors

Signs You Should Hire Bankruptcy Lawyer - AM International Solicitors

a bankruptcy attorney is there to counsel you on the bankruptcy process and whether it is right for you. They serve to help you take a critical look at your debts and assets and determine if bankruptcy is the path that will best help you or if a smarter approach is to attempt to improve your circumstances from a different angle.

The infograph below highlights some of the main reasons why you should hire a bankruptcy lawyer:

Signs You Should Hire Bankruptcy Lawyer - AM International Solicitors

Child Arrangement Order in the UK – Vital Details You Should Know

Child Arrangement Order in the UK

If you are going through a divorce with children involved, you should know what a Child Arrangement Order in the UK is. A Child Arrangement Order is a court order that provides details about a child’s living arrangements. It is a legally binding document, so failing to follow its details will result in legal repercussions. With that said, this article will highlight crucial details about this order so that you can manage your child’s custody during a divorce.

A Child Arrangement Order in the UK

The first thing that you should know about a Child Arrangement Order in the UK is not only applicable during a divorce. It can be applied by any person who has parental responsibility for a child. Such people include biological parents, guardians, relatives, step-parents, and so on. That said, it is most commonly used when a child’s biological parents are undergoing a divorce and want to settle the child’s living arrangements in a court of law. Also, those who are not guardians may have to apply for legal permission to be able to file for this order.

The Various Conditions Detailed in this Order

This order provides details beyond the child’s living arrangements. Thus, in the case of the parents, it mentions in whose care (or home) the child will be in, whether the child will get to spend time with or be able to contact the other parent. There may be certain conditions in place for when the child spends time with the parent who doesn’t have custody of the child. Those conditions must be met to prevent any law-breaking.

It also mentions if the child is allowed to stay with the other parent temporarily. The types of contact outside of temporary visits are also detailed. These types of contact include phone calls, emails, texts, etc. In addition to that, a Child Arrangement Order also provides when the child can or cannot have contact with a specific parent.

Typically, a Child Arrangement Order is made to prioritise the child’s needs. Thus, they may be able to receive care and love from both parents. However, if there under potential threat from a specific parent, then they will be unable to be in contact with said parent.

Last Few Words

It’s always essential to have a solicitor when filing for a Child Arrangement Order in the UK. As a complex legally-binding document, it is crucial to get everything done perfectly when preparing the letter. The court also considers the wants of the child, their needs, i.e., their physical, emotional, and educational needs), your ability to fulfil those needs, and how this order will affect the child. Thus, if you want the court order to be in your favour, you must be able to prove your case, and a solicitor with experience in family law can help with that.

UK Offers Humanitarian Support Package to Ukrainians

Humanitarian Support Package for Ukrainians

Recently, the UK relaxed its visa rules to encourage Ukrainian Nationals to come to the country through its Humanitarian Support Package. Home Secretary Priti Patel stated to Parliament in the past week that confirmed the government’s creation of an unprecedented Humanitarian Support Package for Ukrainians.

Let’s take a look at it in detail!

UK’s Humanitarian Support Package for Ukrainians

Currently, the package ensures that all Ukrainian family members of British nationals who need a UK visa can apply via a temporary location in Lviv or through Visa Applications Centres in Moldova, Hungary, Romania, and Poland.

Patel has also elaborated that the government had previously increased the capacity in all locations to prepare for Ukraine’s invasion. They had set up a pop-up Visa Application Centre in Poland, which used to offer a total capacity of more than 3,000 appointments each week, but it is expected to double in the present times.

Moreover, Patel confirmed the removal of the English language requirement and salary threshold for Ukrainians, enabling them to come to the UK to be with their families. Thanks to the UK’s Ukrainian Humanitarian Support Package, British nationals and people settled in the country will be able to bring their immediate Ukraine national family members to the country. It will enable around 100,000 more Ukrainians to become eligible to enter the UK and access its work and public services.

The UK Relaxed Its Visa Rules

The government is advising people in Ukraine intending to apply under the Family Migration route to contact the Home Office’s 24-hour line for assistance before proceeding with their visa application. Ukrainian nationals who are already in the country will be allowed to switch to a points-based immigration route or a family visa route free of cost.

The UK has also extended visas for Ukrainian temporary workers, enabling them to stay in the country until the end of this year. Moreover, Patel has declared that the government will amend its visa penalty measures in the Nationality and Borders Bill to ensure that it slows down or stops processing Russian visas or the visa of any state that poses a threat to the UK’s security or its allies throughout the world.

Phase Two of the Humanitarian Support Package

Prime Minister Boris Johnson also confirmed phase two of the Humanitarian Support Package for Ukrainians, which has opened up the space for a couple of hundred thousand Ukrainians or more to be eligible to apply. This phase included the introduction of the Ukrainian Family Scheme by Priti Patel.

The family scheme essentially enables British nationals and individuals settled in the UK to bring their extended family, such as parents, grandparents, adult children, siblings, etc., to the UK. The UK will grant a leave of the initial 12 months to the joining families. They will have the opportunity to access work and public services in the UK.

Phase two will also include a Humanitarian Sponsorship Pathway, a route Ukrainians who have no family in the UK can take to enter the country. These individuals can match with charities, individuals, businesses, and community groups willing to sponsor and support them. People eligible under this scheme will also be granted a 12-month leave, with the freedom to work and access public services in the country.

Post-Brexit UK – Political Uncertainly & Brexit Will Slow UK’s Recovery

post-Brexit UK

A post-Brexit UK is expected to face delays in economic recovery from COVID-19 due to political uncertainty and Brexit. A Financial Times survey revealed that around 100 economists declared living standards in the UK would worsen next year. They expect low-income households to be hit the hardest due to high taxes and hiking inflation.

The significant challenges facing the national economy are global. These include widespread pandemic-related inflation, high energy prices, continued labour shortages, viral infection waves, supply chain disruptions, increased risk of climate change, and more. But many economists believe the UK will likely suffer more than other developed countries as its fiscal support decreases. Brexit continues to hurt trade and exacerbate supply bottlenecks, while political uncertainty in the region will likely curb investments.

An Overview of What Economists Expect from the Post-Brexit UK

The director of the National Institute of Economics and Social Sciences, Jagjit Chadha declared that the jagged dominance over Brexit and political uncertainty would create obstacles in what could have been a strong recovery for the country. Paul de Grauwi, a professor at the London School of Economics, said that recovery is driven by future-related optimism. But Brexit will lead to chronic pessimism about the UK economy’s future.

Brexit Will Exacerbate UK’s Economic Troubles

Even though some economists believe that Brexit-related pessimism might be overdone as consumers are benefiting from record-high net worth and a booming labour market, Paul Dales, chief UK economist at Capital Economics, described the promising growth as a statistical mirage brought on by the pandemic. The country’s economy is rebounding faster as it has plunged into a deeper hole since GDP levels haven’t yet rebounded to 2019 levels.

Thanks to full tariff control implementation in 2022, many economists Brexit will exacerbate the trade frictions related to the pandemic as labour shortages and supply chain disruptions will persist, and inflation pressure will become more prominent in other countries. Independent consultant John Llewellyn and other economists said that it would force the BoE to tighten fiscal policies, slowing UK’s recovery over time.

The Government Problem

Some economists have pointed out the government’s reluctance to help businesses affected by the Omicron variant. Meanwhile, others believe the government itself is part of the problem. A series of scandals have lowered PM Boris Johnson’s approval ratings and raised the question of a leadership challenge. Survey respondents mentioned unstable politics and the lack of credible plans for long-term productivity gains.

Johnson’s leadership challenges and the chaotic style of government might encourage businesses to remain in interest mode and defer investment decisions to a time when the economic policy outlook looks clearer.

The Rising Inflation

Inflation is another significant issue in the post-Brexit UK. It recorded 5.1% in November – the highest in more than a decade. Plus, it’s expected to rise in the first quarter or 2022 and reach an exponentially high percentage by the end of the year. The survey respondents believe it will make people worse off by the end of the year as their average wages will not keep up with the rising inflation.

With that said, there is still time for the government to assess its post-Brexit UK economic policies and address pandemic-related concerns to help businesses and the country’s economy head in the direction of recovery instead of going further downhill.

EU Settlement Scheme – Latest News in 2022

EU settlement scheme

The UK Home Office had launched the EU Settlement Scheme (EUSS) more than three years ago on 21st January 2019. It was launched to prepare for Brexit. Since then, the government has received and processed thousands of applications, enabling the applicant to receive settled and pre-settled statuses. Data shows that EUS applications received since 30th June 2021 have been filed by late applicants, people moving from pre-settled to settled status, and joining family members.

Let’s explore the latest EU Settlement Scheme news, and the issues applicants are experiencing with their applications in 2022!

Is the EU Settlement Scheme Reaching the Most Vulnerable?

The Independent Chief Inspector of Borders and Immigration, David Neal, presented a EUSS inspection report to Parliament in January 2022. Titled “A Further Inspection of the EU Settlement Scheme,” this report focused on how the Home Office has provided the most vulnerable access to the EUSS. The inspection report highlights that more than 257,000 vulnerable people have received grant-funded organization support to create their EU applications.

However, concerns remain that some individuals eligible to apply might not gain the protected immigration status they are entitled to because of factors outside their control. These people include individuals with severe health conditions, domestic abuse victims, trafficking victims, vulnerable children, and those without a fixed address. Many EUSS refusals stemmed from people failing to provide sufficient evidence of their residency or relationship.

The inspection report recommends the Home Office should:

  • Collect, collate, and use vulnerability and protected characteristic data from diverse sources to identify trends and issues and use that insight into formulating a workable EUSS strategy to support the most vulnerable.
  • Offer refresher training to caseworkers assessing EUSS applications involving minors and individuals under 21
  • Expedite the work to identify eligible adults with the help of third parties, such as local authorities, social and healthcare trusts, Probation Service, and HM Prisons.

Lack of Timely Help from the Home Office

A significant point of concern in recent times is the lack of timely help from the Home Office, preventing people eligible for the scheme from gaining their settled or pre-settled statuses. The Home Office has declared that only 44% of the calls made to the EUSS helpline are reaching caseworkers.

It’s alarming since the EU settlement scheme telephone helpline is the main point of contact for people with questions regarding the application process and the scheme. Many individuals who call the helpline receive an automated message that details there is no space left in the call cue and that their call will be disconnected.

It has left many prospective applicants unsure about the application process and how to go about it. Moreover, since they are struggling with their applications, they also have to face the issues that come with their right to work, claim benefits, live in a rented home, and more.

The High Level of Demand Has Increased the AR Period

Lastly, many people face odd refusals that they can contest based on clear evidence. These individuals apply for an Administrative Review (AR,) which is essentially a request to the Home Office to review its decision. AR applications are supposed to be processed within 28 days. However, due to the increase in demand, these applications are taking three months and longer to be processed. Even though a pending AR ensures their rights are secure, the applicants still face many uncertainties, especially if they have to leave the country for some unavoidable reasons.

The Bottom Line

Even though the EU Settlement Scheme is a significant effort by the Home Office, more work needs to be done for the scheme to reach the most vulnerable. The Home Office needs to thoroughly review its strategy and take measures to reach individuals who risk losing everything without the scheme.

How Businesses Can Prepare for Full Custom Controls Enforced by the UK

UK’s full custom controls

The UK’s full custom controls have finally come into effect, marking the time for businesses to start planning their trade and logistics according to the new rules. Thanks to the introduction of the comprehensive custom controls in January, the government now requires UK businesses importing goods from the EU to make complete custom declarations or have the authorisation to make simplified declarations.

Let’s see how businesses can prepare for UK’s full custom controls!

UK’s Full Custom Controls

In January 2021, the UK government announced trade changes post-Brexit. These included complete export declarations on goods moving from Great Britain to the EU, the convenience of a 175-day delayed declaration on most imported goods in the UK, postponed VAT accounting for UK imports, relaxed custom paperwork requirements, and more.

However, in January 2022, the government changed the trade rules and now requires businesses to:

  • Make full custom declarations
  • Pre-notify the government about agriculture and food imports
  • Pay for any traffic upfront (VAT-registered businesses can still use postponed VAT accounting

The government also plans to implement the following rules by 1st July 2022:

  • Requirement of security and safety declarations
  • Export Health Certificates requirement where necessary
  • Border Control physical checks on agriculture and food imports

5 Ways Businesses Can Prepare for These Rules

Here’s how businesses can prepare for UK’s full custom controls:

Learn about the Import/Export Process

Many companies have already been following the export rules out of the UK, but the new customs controls will affect imports in the UK. Hence, it’s best to familiarise yourself with the ins and outs of the new UK trade regulations so that you can move goods across the EU-UK borders without facing delays.

Study Tariffs & Commodity Codes

The new rules might be complex for businesses as they vary depending on the goods, their origin, and characterisation. Post-Brexit, the UK-EU Free Trade Agreement ensured tariff-free imports between the EU and UK for goods that originated in the UK or EU.

The trade agreement doesn’t state that all goods moving between the two will be duty-free. It’s why you must learn the codes and tariffs related to your goods to complete the paperwork associated with your export/import. It will also enable you to pay the correct import VAT and customs duty.

Hire a Customs Intermediary or Do It Yourself

As a business owner, you can manage your declarations or hire a customs intermediary to do it for you. The latter will enable you to receive expert guidance. Just make sure to learn about the service they provide, how they can assist you, represent you directly or indirectly, and understand their liability policies and commercial regulations.

You will need to give them your EORI number, contracts or invoices for the goods you’re exporting or importing, restricted goods certifications or licenses, and clear goods descriptions. They might also require additional documents that you will need to give to them timely.

Prepare Paperwork Requirements for Goods

You might need to offer additional paperwork to the government based on what types of goods you’re importing into the country. It might include export health certificates and pre-notifications to move animal products and live animals, UK safety and security declarations, and duties and declarations still owed for goods imported from the EU since January 2021.

Prepare Your Supplier for Business

If you’re bringing goods into the UK from the EU, you will need a supplier willing to understand the UK’s full custom controls. Ensure that they can clear the goods through customs under the tariff-free status of the UK-EU Trade Agreement.

 

While it’s too early to determine the full effect of the UK’s custom controls on its trade with the EU, you need to follow the trade rules to ascertain your success as a business operating in the country.

The UK Supports Ukrainians through Ukrainian Family Scheme

Ukrainian Family Scheme

The UK launched its Ukrainian Family Scheme on 4th March 2022 to support the Ukrainian nationals coming to the UK to meet their families. Home Secretary Priti Patel visited the Polish border as the country launched this scheme meant to reunite many Ukrainians with their UK-based families. She firmly pledged to stand side-by-side with the Ukrainians as she met refugees at the border.

Priti Patel, Home Secretary, Visited a Ukrainian Refugee Reception Centre

Priti Patel visited a Ukrainian refugee reception centre in Medyka, one of the significant border crossings between Ukraine and Poland. She was accompanied by Bartosz Grodecki, Poland’s Deputy Interior Minister. Patel met with refugee children, women, and families who will potentially apply to join their families in the United Kingdom.

She reiterated the government’s firm support of the refugees and spoke about its Ukraine Family Scheme, which will effectively allow immediate ad extended family members of British nationals and individuals settled in the UK to come to the country and visit them.

She also announced that those individuals joining their families through the scheme would be granted a leave for three years, which will ensure their future in the country.

After Patel’s visit to the centre, expert Home Office staff have travelled to Poland to offer their advice to Ukrainian refugees regarding visa processing. They will ensure a rapid visa service to help manage the flow of people coming through the Ukrainian border.

More Details about the Ukrainian Family Scheme

According to Patel, it was heart-breaking to have met the refugee families and children who were forced from their homes due to Russia’s senseless invasion. She expressed how wonderful it was to see the first few people apply to the expanded Ukraine Family Scheme.

While the end goal is certainly to help people return to their homeland at the end of this monstrous invasion, giving thousands of refugees a safe route to the UK is the only proper thing to do.

Patel insisted that the entire country is united in its condemnation of Russia’s barbarous and cruel actions. Moreover, the government is doing everything in its power to ensure that the humanitarian support it offers is in Ukraine’s best interest.

This new Ukraine Family Scheme includes routes developed in close consultation with Ukrainian leaders and other leaders in the region to ensure that the measures taken answer their needs. Bartosz Grodecki also reiterated the UK’s continued support in the region.

Additionally, the Home Office has raised the capacity to other countries, including Poland, Hungary, and Moldova. It has set up a new pop-up Visa Application Centre in Rzeszow, Poland, to increase the total number of appointments and help more and more people learn about the scheme. It’s part of the UK’s broader attempt to support Ukraine against Russia’s invasion.

The new Ukrainian Family Scheme comes on the heels of the Prime Minister announcing that the government is working to establish a local sponsorship scheme for Ukrainians with no ties to the UK to seek refuge here. It will involve communities or local authorities to help bring people to the UK.