Descartes Solicitors in London, United Kingdom

Covid 19: Immigration and asylum hearings in the First-tier and Upper Tribunal On 19/02/20, the Senior President of Tribunals issued an emergency practice direction (Pilot Practice Direction: Contingency Arrangements in the First-Tier Tribunal and the Upper Tribunal) in accordance with s.23 Tribunals, Courts and Enforcement Act 2007. The practice direction is to cover all chambers of the First-tier and Upper Tribunals during the Covid-19 pandemic. The practice direction conf...irms that: Where it is reasonably practicable and in accordance with the overriding objective to hear the case remotely (that is in any way that is not face-to-face, but which complies with the definition of ‘hearing’ in the relevant Chamber’s procedure rules), it should be heard remotely. The arrangement has been put in place for a period of 6 moths, though it will reviewed and can be revoked at any time should the measure become inappropriate or unnecessary. The practice direction essentially allows: 1) Decisions, where possible, to be made on paper without a hearing 2) Hearings to go ahead in a party’s absence in accordance with the overriding objective, the parties’ CHR rights and Chamber’s procedure rules about notice and consent (consent of parties) 3) Chamber Presidents to prioritise triage cases to determine on paper i.e. for cases where a positive outcome is likely (with the consent of parties) Where it is deemed necessary for a hearing to take place, the hearing should be heard remotely i.e. video hearings (if reasonably practicable) i.e. that is in any way that is not face-to-face. Up until now, some hearings have been adjourned while others will go ahead as Case Management Hearings (CMR) via telephone or skype. The Senior President of Tribunals has noted that the tribunals will take into account the impact of the Covid-19 pandemic when considering applications for the extension of time for compliance with directions and the postponement of hearings, insofar as compatible with the efficient administration of justice. See more

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Proposal to reform British citizenship Daha fazla bilgi edinmek icin lutfen bu link'e tiklayiniz: ... On 02/10/18, the Home Secretary proposed a series of reforms to British citizenship which includes tougher English language requirements including changes to the Life in the UK test. The objective is to give greater prominence to the British values and principles expected of those wishing to call the UK their permanent home. Changes to the Life in the UK test will ensure that the test is more relevant to daily life and culture in the UK while the level of the English language test (presently CEFR level B1) will be increased. A public c... http://www.descartessolicitors.co.uk/proposal-to-reform-br/

Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 274 (IAC) "This appeal was heard at the Upper Tribunal (UT) on 02/07/18 before Mr. Justice Lane President. The appeal considered the effects of poor professional immigration advice or services on the Appellant’s protected private or family life in the UK. Brief Background... The Appellant is a citizen of Bangladesh born in 1980. He arrived in the UK in April 2005, as a student, and was granted further leave to remain under the same category until 2010. The Appellant was then granted leave to remain until March 2012 for post-study work. Prior to the expiry of his leave, the Appellant submitted a successful application to extend his leave as a student which was granted until 31/07/13. In July 2013, and before the expiry of his leave, the Appellant applied for leave to remain as a Tier 2 (General) Migrant. The Respondent refused this application on 02/10/13 and the Appellant appealed the decision. The appeal was subsequently dismissed, by the First-tier Tribunal (FTT), on 07/08/14. The Appellant made an application to the FTT for permission to appeal to the UT which was refused and subsequently made an application for permission to appeal the FTT decision directly to the UT. As a consequence, the Appellant’s leave between March 2012 to 31/07/13 was extended by virtue of 3A(2)(c) of the Immigration Act 1971 (as amended) which provides that leave is extended during any period when an appeal is pending within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002. And Section 104(2)(a) provides that an appeal is pending while an application for permission to appeal under section 11 of the Tribunals, Courts and Enforcement Act 2007 could be made or is awaiting determination. On 07/10/14, the Appellant instructed Immigration & Work Permit Ltd..." Daha fazla bilgi edinmek icin lutfen tiklayiniz: http://www.descartessolicitors.co.uk//mansur-immigration-/

Changes to Divorce UK Government proposes no-fault divorces "In order to demonstrate this, an individual (the Petitioner) applying for divorce will need to satisfy the court of one or more of five facts: The Respondent has committed adultery... The Respondent has behaved unreasonably The Respondent has deserted the Petitioner The parties have been separated for two years (if both parties agree) In the absences of the above scenarios, the parties must wait until they have been separated for five years (if the parties cannot agree) Whether an application for divorce is made by living apart for a substantial period of time or making an allegation about their spouse’s conduct, both routes equally cause further stress and upset for the parties, as well as any children involved. In 2016, the Central Family Court refused to grant a Petitioner (Mrs. Owens) a decree nisi of divorce (allowing a divorce to proceed), despite finding that the marriage had broken down. The Respondent had defended the divorce and the judge found that the Petitioner had failed to prove, by law, that the Respondent had behaved in such a way that she could not reasonably be expected to live with him. The Petitioner was forced to stay in her loveless marriage until a period of five years had elapsed. The Petitioner’s appeals to the Court of Appeal in 2017 (Owens v Owens [2017] EWCA Civ 182), and the Supreme Court in 2018 (Owens v Owens [2018] UKSC 4) were both unsuccessful. In the Court of Appeal, with no enthusiasm whatsoever, Lady Justice Hallett agreed to dismiss the appeal with the judgement noting:...." Daha fazla bilgi edinmek icin lutfen bu link'e tiklayiniz: http://www.descartessolicitors.co.uk/changes-to-divorce-uk/

It has come to the attention of Descartes Solicitors that Mr. Garth Karnchanapee has falsely held himself out as a Paralegal Executive/Managing Director/Employee of this firm. Mr. Karnchanapee is not an employee or authorised personnel of this firm. He is not authorised to bind Descartes Solicitors or the Directors of Descartes Solicitors or act on behalf of Descartes Solicitors in any way or at all. We have reported him to the police and relevant authorities and would urge any person who has been a victim to immediately report any concerns to the nearest police station.

SETTLEMENT IN THE UK UNDER THE ECAA ROUTE Prior to 18 March 2018, applicants could apply to settle in the UK after a continuous period of 4 years lawful residence under the ECAA businessperson category. However, on 18 March, the Home Office announced changes to the ECAA guidance for Turkish Workers and Business-people stating that applications post marked later than 15th March 2018 would no longer be accepted for settlement. This is further to the Upper Tribunal case of Aydo...Continue reading

The Home Office has announced new Immigration Rules to enable Turkish nationals who are in the UK as either ECAA business persons or ECAA workers, as well as their family members, to apply for indefinite leave to remain (ILR). This announcement follows the 16 March 2018 withdrawal of the previous ECAA ILR policy, which operated outside of the Rules. In addition to its commitments under the European Communities Association Agreement (ECAA), the UK will provide a tailored categ...ory of settlement for this group of Turkish nationals. From 6 July, ECAA business persons and ECAA workers, as well as their family members will be able to apply for ILR, with standardised ILR requirements including: -a 5 year residency requirement for main applicants and their spouses/partners -a knowledge of language and life in the UK (KOLL) requirement -the standard ILR application fee See more