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Legal Minute: immigration cases and the latest on Brexit

A trainee doctor who has spent more than half her life in the UK says she has received a letter giving her a week to leave the country or face deportation. From Sky News. * Oxford professor’s children refused visas to join her in UK. US family split as Home Office makes it increasingly difficult for overseas academics to work in UK universities. From The Guardian. * A PhD student carrying out pioneering research into prostate cancer is facing jail in the UK because of an administrative error on her visa application. From Independent. * The European Union is “open but not convinced” by the UK PM’s new proposals for a Brexit deal. From BBC. * Government documents submitted to the Court of Session say the prime minister will send a letter asking for an extension to article 50 – despite Mr Johnson’s repeated insistence that he will never delay Brexit. From Independent.

Leis e Imigração, Notícias Variadas

LEGAL MINUTE: MPs return and what it means for Brexit

With the ruling against the government in the Supreme Court, we had another tumultuous week in the British Parliament. Check out the main news and how this may affect Brexit deal with the UE. And more: immigration in the UK. Boris Johnson’s decision to suspend Parliament was unlawful, the Supreme Court has ruled. From BBC. * The citizenship rights and interests of nearly a million children of EU parents have been overlooked in the Brexit turmoil. From iNews. * EU governments admit that a new Brexit extension would be likely to take the pressure off both sides to make the compromises necessary to agree a new deal. However, the bottom line is that Europe’s leaders are unsure whether Boris Johnson would be willing to make Brexit compromises. From BBC. * MPs seek way to make Boris Johnson request Brexit extension earlier. From The Guardian. * Twenty-three people suspected of trying to smuggle migrants across the English Channel have been arrested. From BBC. * Hanifa Yousoufi, 26, and a fellow female mountaineer, Freshta Ibrahimi, 27, were distraught after the Home Office rejected their visa applications last Friday, even though empowering women in Afghanistan through adventure sports is an area Britain supports. From Sky News. Image: FreePik.com

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European citizenship by marrige

One Love and one passport When a woman finds her loved one in another harbour, far away from Brazil, she goes through endless proofs of love. Different cultures, a new language, a whole new world to know and many other situations to venture in…but those difficulties are not the only ones, and an international relationship does not survive just of feelings. To begin a new life abroad requires a lot of changes. Starting a marriage with a foreigner in another country requires much deeper changes. And besides all love and emotional feelings evolved, we can not forget about legal subjects surrounding marriage with someone outside Brazil. By now the question is: I am Brazilian and got married to a European. Do I have the right to have citizenship? If you got married to an Italian citizen for at least 3 years or you have kids older than 18 months, you can order your citizenship. It is important that the A.I.R.E. of the Italian citizen is up to date with his/her current address. For Brazilians, dual citizenship must have been granted by at least 1 year. Furthermore, citizenship requested by marriage demands proficiency certificate of the Italian language. Portuguese citizenship by marriage brings an easy criteria for Brazilians: Portuguese language fluency. Other cases will be measured as if the couple has kids or not or how long have you been married. Other aspects will be considered as parents bond or if you have been to Portugal for example. In Switzerland, to order citizenship demands that you have been married for at least 3 years. Besides that, you must have to prove the settlement period living in the country, you must have proficiency in French or German and fulfil other legal criteria. To apply for French citizenship, your marriage must be valid at the moment of your request (some countries allow requests after divorce). It is also necessary to have a proficiency test in French and prove cultural knowledge about the country. It is substantial to know that French citizen must have his/her nationality since the wedding day. However, Polish citizenship is not easy to obtain. Once you are married to a Polish, the Brazilian person can acquire the citizenship since he/she is married for at least 3 years and live for 4 in Poland’s territory – with a temporary visa and permanent residence. Marrying an Irish citizen gives you citizenship as well. For Brazilians to get this passport, he/she must live for 3 years in Ireland, and one whole year right before the citizenship request. If a Brazilian wants Spanish citizenship in a marriage, it is enough if the couple lives for 1 year in Spain and be married for at least the same period of time. That easy path is due to an agreement between Brazil and Spain. In the UK, British citizenship is not linked straight to marriage, but to the period that the foreign partner remains married in the territory. It is necessary to apply for other visas, until he/she gets the full-settlement and becomes eligible to request for naturalization. The main criteria to acquire citizenship by marriage in Germany are naturalization and idiom tests, territory residence and at least 2 years married. Ah! And for sure there are several Brazilian couples in love in the same situation where one of them is a European citizen as well. Nothing changes in this case, so partners’ rights remain the same according to their respective nationality. Just have in mind if the marriage is in-between people of the same gender, rules don’t get modified by the countries previously listed. For Italian citizenship, however, the rule for children is not applied, because adoption by homosexual partners is not allowed. Remember: for ALL citizenships, marriage needs to be registered in the country that will give you the double nationality.

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Legal Minute: Parliament suspended, Supreme Court hearing and Brexit

The third and final day of the Supreme Court hearing into whether Boris Johnson acted lawfully in suspending Parliament. A decision from the court is due “early next week”. From BBC. * British immigration officials have warned migrants in northern France they are being lied to by people smugglers promising them a better life in the UK. From Sky News. * The Polish ambassador to the UK has written to Poles living in Britain urging them to “seriously consider returning to their homeland” after Brexit, and as Poland’s economic surge continues. From Independent. * European students at Scottish universities will be able to complete their courses after Brexit, the UK Education Secretary has pledged. From Glasgow Live. * There’s been a rapid rise in the number of British nationals living in the Netherlands applying to become Dutch since the UK voted in a referendum to leave the European Union. From BBC. Image: FreePik

O que ainda está em discussão sobre o Reino Unido e a Irlanda com Brexit
Dicas de Imigração, Leis e Imigração, Notícias Variadas

Legal Minute: deal or no deal Brexit and the latest on immigration

Transport, food, healthcare, public order: the government has released an assessment of the possible effects of a no-deal Brexit on the UK. From BBC. * Plans for new immigration route revealed to enable international students to work in the UK for two-years post-graduation, aimed at attracting and retaining the brightest and best talent. From Gov.UK. * France will demand that any extension to the Brexit deadline should be at least two years to allow the UK to “re-evaluate” its departure from the European Union, a senior En Marche MP has said. From iNews. * There were extraordinary scenes of chaos and anger in the House of Commons overnight as opposition MPs staged a protest against the suspension of parliament for five weeks – a prorogation that the Speaker of the House said represented “an act of executive fiat”. From The Guardian. * MPs have once again rejected Boris Johnson’s demand for a snap general election next month. From Sky News. * The victim of a college degree scam who helped the Home Office convict the perpetrators has been ordered to leave the UK in what has been described as an “appalling story of misery”. From Independent.

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New immigration rules for international students

Plans for new immigration route revealed to enable international students to work in the UK for two-years post-graduation, aimed at attracting and retaining the brightest and best talent. Prime Minister Boris Johnson has unveiled plans to transform how talented international students are able build successful careers in the UK through a new immigration route, as a new ground-breaking project in the fight against life-threatening illnesses launches. International students make up half of all full-time post-graduate students in Science, Technology, Engineering and Maths (STEM) subjects. The new immigration route announced today (11 September 2019) will mean international graduates in any subject, including STEM, will be able to stay in the UK for two years to find work. Students will need to have successfully completed a degree from a trusted UK university or higher education provider which has a proven track record in upholding immigration checks and other rules on studying in the UK. This will build on government action to help recruit and retain the best and brightest global talent, but also open up opportunities for future breakthroughs in science, technology and research and other world-leading work that international talent brings to the UK. Prime Minister Boris Johnson said: Britain has a proud history of putting itself at the heart of international collaboration and discovery. Over sixty years ago, we saw the discovery of DNA in Cambridge by a team of international researchers and today we are going even further. Now we are bringing together experts from around the globe to work in the UK on the world’s largest genetics research project, set to help us better treat life-threatening illnesses and ultimately save lives. Breakthroughs of this kind wouldn’t be possible without being open to the brightest and the best from across the globe to study and work in the UK. That’s why we’re unveiling a new route for international students to unlock their potential and start their careers in the UK. Home Secretary Priti Patel said: The new Graduate Route will mean talented international students, whether in science and maths or technology and engineering, can study in the UK and then gain valuable work experience as they go on to build successful careers. It demonstrates our global outlook and will ensure that we continue to attract the best and brightest. Education Secretary Gavin Williamson said: It is a testament to our world-leading universities that so many students from abroad want to study here. The important contribution international students make to our country and universities is both cultural and economic. Their presence benefits Britain, which is why we’ve increased the period of time these students can remain in the UK after their studies. Our universities thrive on being open global institutions. Introducing the graduate route ensures our prestigious higher education sector will continue to attract the best talent from around the world to global Britain. From Gov.UK: https://www.gov.uk/government/news/worlds-largest-genetics-research-project-to-fight-deadly-diseases-and-offer-new-offer-for-international-students

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LEGAL MINUTE: last week’s Brexit battles

Government announces immigration plans for no deal Brexit. In a move signalling the end of free movement in its current form, a tougher UK criminality threshold for EEA citizens will be applied in order to keep out and deport those who commit crimes. From GOV.UK. * A £100m public information campaign urging people to make sure they are prepared for Britain’s departure from the EU has been launched by the government. From Sky News. * The Commons voted 328 to 301 to take control of the agenda, allowing them to bring a bill requesting a Brexit delay. The PM is to call for a general election if he is forced to request an extension to the 31 October deadline. From BBC. * MPs have backed a bill aimed at blocking a no-deal Brexit. The bill forces the PM to ask for an extension beyond the 31 October Brexit deadline if a deal has not been agreed with the EU. From BBC. * Opposition parties agree to block election until Brexit delay secured. From The Guardian. Image: FreePik.com

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Government announces immigration plans for no deal Brexit

If there’s a no deal Brexit, border controls will be introduced to make it harder for criminals to enter the UK. New border controls that will make it harder for serious criminals to enter the UK will be introduced in the event of a no deal Brexit, the government has announced today (4 September). In a move signalling the end of free movement in its current form, a tougher UK criminality threshold for EEA citizens will be applied in order to keep out and deport those who commit crimes. The changes will be introduced alongside a new European Temporary Leave to Remain scheme (Euro TLR) for EEA and Swiss citizens and their close family members. Citizens of those states moving to the UK after we have left the EU and up until the end of 2020 will be able to obtain a temporary immigration status lasting 3 years. This will give businesses certainty that they will be able to recruit and retain staff after Brexit. Home Secretary Priti Patel said: “On 31 October, we will leave the EU come what may. Introducing tougher checks and ending free movement as it currently stands will allow us to take the first, historic steps towards taking back control of our borders. In the future, we will introduce a new points-based immigration system built around the skills and talent people have – not where they are from.”   Further measures to be introduced after 31 October 2019 include: removing the blue EU customs channel, requiring all travellers to make customs declarations by choosing the red or green channel introducing blue UK passports later this year removing the rights to permanent residence under retained EU law for those who arrive after Brexit   After 31 October 2019, EU citizens will still be able to come to the UK for visits or short trips. They will be able to apply for Euro TLR if they wish to stay beyond 31 December 2020. Applications for the scheme will open after the UK leaves the EU and will involve a simple online process and identity, security and criminality checks. EU citizens will receive a digital status lasting three years entitling them to work and rent property during this period. EU citizens wishing to stay on in the UK after their temporary status expires will need to make a further application under the new points-based immigration system. Employers and landlords will not be required to distinguish between EU citizens who arrived before and after exit until the future immigration system is introduced from 2021. For EU citizens who are living in the UK by 31 October 2019 and their families, they have until at least 31 December 2020 to make an application to the EU Settlement Scheme. On 15 August, the Home Office confirmed that over 1 million people had been granted status through the Scheme. There is a wide range of support available over the phone, email and in-person, including a dedicated Settlement Resolution Centre, to help people to apply. Published 4 September 2019 From: Home Office and UK Visas and Immigration https://www.gov.uk/government/news/government-announces-immigration-plans-for-no-deal-brexit

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All you need to know about the UK leaving the EU: key questions

EU leaders and the UK have approved an agreement which provides for the terms of Brexit. It is a significant moment in European history – the EU’s 28 leaders have approved the “divorce” agreement for the UK to withdraw from the bloc. No member state has ever left the European Union before and this summit – two years and five months after the UK’s Brexit referendum – is a culmination of months of tough negotiation. But is this really the end? BBC News has made an article finally understand all you need to know about the UK leaving the EU: 8 key questions. What are they agreeing on? There are two documents. The withdrawal agreement The so-called divorce part: a 585-page internationally binding legal text that sets out the terms of how the UK leaves the EU on 29 March 2019. Importantly it also provides for a transition period which begins the same day Britain leaves and lasts until 31 December 2020, although it could be extended to the end of 2022. And it has a “backstop”, an arrangement that says if the UK hasn’t negotiated a new relationship with the EU by the end of the transition it will stay in the bloc’s customs union, to prevent the need for a border between Northern Ireland and the Irish Republic. The political declaration This is the roadmap for the relationship between the UK and EU after Brexit. Much shorter at 26 pages, and not legally binding, the declaration calls for an “ambitious, broad, deep and flexible partnership across trade and economic co-operation, law enforcement and criminal justice, foreign policy, security and defence and wider areas of co-operation”. It is long on aspiration but very short on detail. Why is this important for Theresa May? Apart from the obvious – getting agreement on the two documents – for Theresa May this is all about momentum. She is hoping that the weight of approval by the EU27, including such big names as German’s Angela Merkel and French President Emmanuel Macron, will convince British politicians this is a very big deal indeed, of international proportions. When will we know if she is successful? It’s thought the big vote in the UK Parliament could come sometime in the second week of December. The numbers don’t look good for Theresa May, do they? It was US President Lyndon Baines Johnson (LBJ), who said the first rule of politics was to be able to count. Although there are 650 MPs, for various reasons some of them, like the Speaker, don’t vote, so the magic number for victory for Mrs May is 320. But there are only 315 Conservative MPs and the BBC estimates nearly 60 hardline Brexiteers in the party and 14 Remainers are likely to vote against. She also appears to have lost the support of the 10 MPs from the Northern Ireland party she relies on for big votes, the DUP. And of course all the opposition parties have said they will vote against it. What are those alternatives if the deal is voted down? No-one knows for sure, but here are some of the options: She tries again a few weeks later, hoping MPs will be so worried about the expected turmoil in the financial markets after a no vote that they change their minds The UK leaves without a deal, which most believe would be catastrophic A second referendum, which many MPs fear would make Britain even more divided than it is already Theresa May or another Conservative leader could try for a different deal Another general election. What are those alternatives if the deal is voted down? No-one knows for sure, but here are some of the options: She tries again a few weeks later, hoping MPs will be so worried about the expected turmoil in the financial markets after a no vote that they change their minds The UK leaves without a deal, which most believe would be catastrophic A second referendum, which many MPs fear would make Britain even more divided than it is already Theresa May or another Conservative leader could try for a different deal Another general election. A health warning on such predictions: it’s important to say that if UK politics are already in uncharted waters, a no vote could send them off the navigational map altogether.

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Legal Minute: UK and EU officials have agreed the draft text of a Brexit agreement

The EU and UK have agreed on a 585-page text that covers citizens’ rights, the Brexit divorce bill and unlocked the thorny issue of avoiding a hard border on the island of Ireland. Transition period Michel Barnier said the withdrawal agreement ensured there would be a transition period of 21 months with the possibility of an extension by mutual agreement. The agreement actually says that the period could be extended to the year “20xx”. “No guarantees” Barnier also conceded that securing backing for the provisional Brexit deal struck with the UK would be difficult as he unveiled a new customs union along with a joint pledge to keep the EU and UK in permanent regulatory lockstep. Four UK ministers resign over Theresa May’s draft Brexit deal Four ministers have resigned for disagreeing with the EU agreement on Brexit. Theresa May said she respected the decision of the ministers who resigned but the whole process required difficult choices. The prime minister said that this preliminary agreement is the draft treaty for the UK to leave the EU in a “smooth and orderly” manner by the deadline of March 2019.

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