Lumine Law

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WEEKLY CASEWORKER GUIDANCE UPDATES ( 2-7 OCTOBER 2023)

Asylum decision making guidance (asylum instructions) 2 October 2023

 

New guidance has been added on asylum decision making prioritisation. The purpose of this guidance is to help caseworkers better understand the prioritisation of initial asylum decision making within Asylum and Human Rights Operations.

 

Form B(OTA): guidance 4 October 2023

 

Guidance to register as a British citizen if you are a British overseas territories citizen, British overseas citizen, British protected person, British subject or British national (overseas) has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form NS: guidance 4 October 2023

 

Guidance to apply for a letter to confirm your nationality status has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form T: guidance 4 October 2023

 

Guidance to register as a British citizen if you were born in the UK and lived here until the age of 10 has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form RN: guidance 4 October 2023

 

Guidance to apply to give up your British citizenship or another type of British nationality has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form S: guidance 4 October 2023

 

Guidance to register for British citizenship if you are a stateless person has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form AN: guidance 4 October 2023

 

The Guidance for how to apply for citizenship by naturalisation if you are living in the UK has been changed so that the document format, link references, and any out-of-date information are updated. This guidance provides a summary of the legal requirements to apply for naturalisation, some of which have changed under The Nationality and Borders Act 2022. In particular, the requirements for lawful residence are now easier to demonstrate.

 

Form B(OS): guidance 4 October 2023

 

Guidance to register as a British citizen if you have certain other types of British nationality has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form UKF: guidance 4 October 2023

 

Guidance to register as a British citizen if you were born before 1 July 2006 to a British father and your parents were not married has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form RS1: guidance 4 October 2023

 

Guidance on how to apply to become a British citizen again after giving up (renouncing) citizenship has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form UKF (M): guidance 4 October 2023

 

Guidance to register as a British citizen if you were born after 1 July 2006 to a British father where your mother was married to someone else has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form UKM: guidance 4 October 2023

 

Guidance to register as a British citizen if you were born before 1983 to a British mother has been changed so that the document format, link references, and any out-of-date information are updated.

 

Form MN1: guidance 4 October 2023

 

Updates have been made to the ‘Guidance to register a child under 18 as a British citizen’ document to include a section on Referees.

 

UK visas on a Temporary Work route: caseworker guidance 5 October 2023

 

Updates have been made to the Immigration guidance on the policy on applications for a visa or visa extension under a Temporary Work route to reflect the change to Appendix Tuberculosis that come into effect on 5 October 2023.

 

S2 Healthcare Visitor: caseworker guidance 5 October 2023

 

The extension process found in the Immigration guidance on considering applications under the S2 Healthcare Visitor route has been revised.

 

Application validation, variation and withdrawal: caseworker guidance 5 October 2023

 

The ‘What is a valid application?’ section of the Immigration guidance on application forms and procedures for immigration applications and claims has been updated.

 

International Sportsperson: caseworker guidance 5 October 2023

 

The Immigration staff guidance on how to consider applications to enter, remain or settle in the UK on the International Sportsperson route has been updated to reflect the addition of Appendix Children to the Immigration Rules.

 

Returning residents: caseworker guidance5 October 2023

 

The Immigration staff guidance on processing returning resident applications has been updated to reflect the addition of Appendix Returning Residents to the Immigration Rules.

 

EU Settlement Scheme: caseworker guidance 5 October 2023

 

guidance for EU, other EEA and Swiss citizens and their family members found in the Immigration staff guidance on applications under the EU Settlement Scheme has been updated.

 

Assessing the English language requirement: caseworker guidance 5 October 2023

 

The Immigration staff guidance on assessing whether an applicant has met the English language requirement has been updated in line with recent changes to the Immigration Rules.

 

T2 Minister of Religion: caseworker guidance 5 October 2023

 

The Immigration guidance for a person who has been sponsored to perform a leading role within a faith-based organisation or religious order in the UK has been updated to reflect changes to Appendix Tuberculosis of the Immigration Rules.

 

Administrative review: caseworker guidance 5 October 2023

 

The Immigration guidance on processing applications for an administrative review has been updated to reflect changes to the Immigration Rules which removed the right to seek an administrative review under Appendix AR (EU) against decisions made on or after 5 October 2023.

 

Citizenship fee waiver for individuals under 18: caseworker guidance 5 October 2023

 

The ‘contacts’ section of the Immigration guidance on processing applications for a citizenship fee waiver for individuals under the age of 18 has been updated so that it includes an email for the Child Citizenship Fee Waiver Team.

 

Deprivation of British citizenship: caseworker guidance 5 October 2023

 

Minor changes have been made to the Immigration staff guidance on deprivation of British citizenship to reflect that late notice of a deprivation decision in fraud cases is an administrative process.

 

Public funds: caseworker guidance 5 October 2023

 

Immigration staff guidance on public funds foreign nationals can claim has been updated as seen below:

  • Addition of a quick reference table to identify whether an individual’s immigration status has an NRPF condition attached
  • Addition of a quick reference table to show which government department is responsible for funding and administering individual benefits
  • Addition of definitions of entitlement and discretionary payments that can be made by a local authority
  • Removal of the historical details of EEA nationals’ access to benefits prior to EU Exit and the end of the transition and grace period.
  • Updated Maintenance Undertaking guidance

 

Settlement – Gurkhas discharged prior to 1997: caseworker guidance 5 October 2023

 

New guidance in accordance with changes to the Immigration Rules are being implemented on 5 October 2023 which enables pre-97 Gurkhas and Hong Kong military veterans and their family members to apply for settlement under the Immigration Rules. Previously, only Gurkhas were able to apply for settlement using a leave outside the rules.

 

Student route: caseworker guidance 6 October 2023

 

The Immigration staff guidance on how to consider applications from people to enter or remain in the UK as students helps caseworkers evaluate applications from individuals who desire to enter or remain in the UK to study. This guidance has been updated as seen below:

  • – Addition of references to Appendix Children for Applicant applying as a dependent child and Applicant not applying as a dependent child
  • – Addition of references to Appendix Relationship with Partner for Applicants applying as a dependent partner of a student
  • – Addition of detail on requirements for students holding official financial sponsorship to bring dependants
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