After a hard BREXIT: British citizens and residence in the EU By Elspeth Guild, Kingsley Napley, Steve Peers, University of Essex and Jonathan Kingham, LexisNexis, 3 November 2016 Introduction The purpose of this briefing note is to outline what a so-called hard BREXIT will mean for British citizens seeking to...
The Chambers and Partners listings for 2017 were released last week and Garden Court Chambers has retained its position as the only top ranked London set of chambers for immigration law. The write up is very flattering: The foremost set leading the way at the London Immigration Bar, Garden Court...
A new free best practice guide to statelessness applications for leave to remain has been published by ILPA and Liverpool Law Clinic. You can get it here. It equips lawyers with the tools they need to offer high quality legal representation and to press for the best possible implementation of...
Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for whom the minimum salary level is increased,...
New Immigration (European Economic Area) Regulations 2016 were laid today, coming into force mainly from 1 February 2017. The new version is mainly a consolidating exercise — the 2006 regulations has been amended and reamended over and over again — but there are also some significant changes slipped in. These...
The end of immigration appeals from within the UK is nigh: section 63 of the Immigration Act 2016 is being brought into force from 1 December 2016 by the Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI 2016/1037). The change introduces a power for the...
New(ish) tribunal case on burden and standard in refugee exclusion cases. The official headnote: In every case involving exclusion of protection under Article 1F of the Refugee Convention, the onus of proof is on the Secretary of State, a detailed and individualised examination of the facts is required, there must...
Welcome to the August 2016 edition of the Free Movement immigration update podcast. This episode I start with the issue of when an EU national can apply for naturalisation, cover several Court of Appeal then High Court cases and then move on to talk about a few Home Office policy...
In HD (Trafficked women) Nigeria CG [2016] UKUT 00454 (IAC) the Upper Tribunal considered the position of victims of trafficking returning to Nigeria. Under the previous country guidance case, PO (trafficked women) Nigeria [2009] UKAIT 00046, in order to demonstrate a real risk of persecution on return to Nigeria, a...
Updated Home Office policy on reviewing cases when appeals are lodged: UK Visas and Immigration guidance for how it considers the grounds for appeal and supporting documents of an application. Call me a cynic, but I have never ever seen any evidence that ECOs or the Home Office seriously reconsider...
The Upper Tribunal in this case considers its powers to set aside its own decisions. The official headnote: The decision of the Court of Appeal in Patel [2015] EWCA Civ 1175 entails the view that the Upper Tribunal’s powers to set aside its own decisions are limited to those in...
The Supreme Court has decided that the historic failure of British nationality law to confer automatic citizenship on a child born out of wedlock was discriminatory, it has continuing consequences which breached a person’s human rights in a discriminatory way and that denying such a person British citizenship now is...
New CPD rules are being introduced for solicitors and barristers in England and Wales and OISC advisers across the UK. The new rules are broadly similar in nature but start at different times, so it is important to know which rules apply when. At the end of the blog post...
The Government is raising immigration and asylum tribunal fees by an unprecedented amount, in the face of almost universal opposition. Help us ensure that not only the rich are able to challenge incorrect Government decisions, by contributing to this urgent legal action. You can donate here: Challenge to the five-fold...
The judgment is in French only, unfortunately, but an English language press release is available. The summary reads as follows: In today’s Chamber judgment in the case of B.A.C. v. Greece (application no. 11981/15) the European Court of Human Rights held, unanimously, that there had been: a violation of Article...
The European Framework Decision 2008/909/JHA has replaced the framework previously set out in the Council of Europe Convention on the Transfer of Sentenced Persons, itself supplemented by the Protocol of 18 December 1997, to provide the framework within which a request may be made to another Member State for the...
Article 4(1) of the Qualification Directive does not impose a shared duty of cooperation on the Member State to substantiate an applicant’s nationality. Article 4(2) refers to documentation (including documentation regarding nationality(ies)) “at the applicant’s disposal” – which must include documentation which is not in the applicant’s present possession but...
(1) As held in Deliallisi (British citizen: deprivation appeal: scope) [2013] UKUT 439 (IAC), in an appeal under section 40A of the British Nationality Act 1981 the Tribunal is required to determine the reasonably foreseeable consequences of deprivation. (2) Whilst the Tribunal considering a section 40A appeal cannot pre-judge the...
The Upper Tribunal again finds that Dublin returns to Malta can go ahead: (i) There have been significant developments in Malta during recent years. While there may be imperfections in the Maltese asylum decision making processes, these are not sufficient to preclude returns under the Dublin Regulation and, in particular, do...
The Upper Tribunal finds that an English speaking student faked the ETS English language test using a proxy. The official headnote: (i) The question of whether a person engaged in fraud in procuring a TOEIC English language proficiency qualification will invariably be intrinsically fact sensitive. (ii) Per curiam: where the voice data generated...
The Chief Inspector of Borders and Immigration, David Bolt, has published five new inspection reports. The most interesting is on the “hostile environment”, specifically the powers to deny driving licences and bank accounts to migrants unlawfully resident in the UK. The report reveals that the Interventions and Sanctions Directorate (“ISD”)...
I am planning to do a Brexit themed question and answer Free Movement podcast on EU free movement law and applications next week. The idea is to offer readers (er, listeners?) what I hope is useful information in a slightly different format to usual. But I will need your help....
To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being self sufficient. There are other criteria as well, but these are the four key ways that a person qualifies. The activities have to be “genuine...
UPDATE: Use of official application forms (paper or online) is mandatory from 1 February 2017. See new post: Can the Home Office force EU nationals to use the official 85 page permanent residence application form? In a useful policy document explaining internal processes within the UK Visas and Immigration department...
The Upper Tribunal has issued a new Country Guidance case on Eritrea: MST and Others (national service – risk categories) (CG) [2016] UKUT 443 (IAC). It weighs in at 459 paragraphs plus voluminous appendices. The findings are good news for Eritrean refugees seeking sanctuary; the tribunal recognises the danger they...
As of today, 10 October 2016, it now costs £800 to lodge an appeal against an immigration decision where a proper oral hearing is requested. The change was announced on 15 September 2016 and the necessary legal change, the First-tier Tribunal (Immigration and Asylum Chamber) Fees (Amendment) Order 2016, was...
Online versions of the FLR(M) and FLR(FP) application forms are now available for use. The form needs to be printed at the end and sent off to the Home Office with the required supporting documents. Use this online application as an alternative to the FLR(M) and FLR(FP) paper forms. Apply...
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to the British Nationality Act 1981, which requires an applicant to show:...
Welcome to the July 2016 edition of the Free Movement immigration update podcast. This episode I cover some important EU law issues then move through a considerable number of cases and appeal issues and then end with some updates on new and changed Home Office policies. The material is all...
On 16 June 2016, during a referendum campaign dominated by the issue of whether there are too many foreigners in the UK, Member of Parliament Jo Cox was shot and stabbed multiple times outside a surgery in her constituency. She later died from her injuries, leaving two young sons and...
The Home Office has quietly and with no fanfare launched online residence certificate and permanent residence certificate application processes and accompanying European passport return service. I have put together a 20 minute video walk through of what the permanent residence application service looks like with some commentary which I hope...
In two linked cases, CS v UK C-304/14 and Marin v Spain C-165/14, the Court of Justice of the European Union has ruled that Zambrano-like derived rights of residence under EU law are not automatically lost if a crime is committed. Instead, each case must be assessed on its merits...
