In R (BAA) v Secretary of State for the Home Department [2021] EWCA Civ 1428 the Court of Appeal has clarified the reach of Article 8 in Dublin III family reunion judicial reviews. Unlawful refusal to accept Syrian asylum seeker The case was about an unaccompanied minor from Syria who...
Yesterday brought about a new immigration route for international sportspeople aged 16 or over wishing to enter the UK. It is intended to create a simplified visa arrangement for elite and internationally established sportspeople and sports coaches. Does it achieve this? Yes, insofar as we no longer need to consult...
The Home Office has published a short statement of changes to the Immigration Rules. It is to implement the emergency temporary visa schemes for HGV drivers and poultry workers and therefore comes into force at 4pm today. Employers in those sectors will be able to request workers from four named...
In a previous briefing we saw that customary international law, four international conventions and international human rights law all impose a duty on states to rescue those in distress at sea and to set up and maintain search and rescue services. We also saw that the enforceability of international law...
We are looking to expand our dynamic Immigration Team. We are seeking an Experienced Immigration Solicitor with a focus on the rights of children and young people. Islington Law Centre has a highly regarded Immigration Team. We are a category 1 Legal Aid Immigration provider and we have considerable...
Two months ago, the Home Office withdrew all but one of its country policy and information notes (CPINs) relating to Afghanistan. New decisions on Afghan asylum claims were halted, and in the immigration tribunals, Presenting Officers sought adjournments in all existing cases. Where adjournments were refused, Presenting Officers indicated that...
Changes to Home Office guidance on issuing visit visas confirm that: Visitors are not allowed to act as au pairs (page 29) Jobseeking and job interviews are allowed on a visit visa, so long as they are the kinds of jobs you can ultimately be sponsored for; low-skilled jobseeking will...
In the case of JM v Secretary of State for the Home Department [2021] EWHC 2514, the High Court has held that the government failed to cater for asylum seekers’ essential living needs during the pandemic. The court found that JM, who was housed in a hotel during the COVID...
British businesses have long relied on workers from the European Union to come in for short or medium-term projects. Before Brexit, this was frictionless from an immigration perspective. People arrived, people worked, people left and businesses were happy. EU free movement ended (for the UK) on 31 December 2020, but...
Lurking in the weeds of the latest statement of changes are some tweaks to the procedural requirements in Part 1 of the Immigration Rules. Most take effect today. These provisions may not be the sexiest part of immigration law but they are worth paying attention to. Falling foul of a...
Carter Thomas Solicitors is a leading UK immigration law firm listed in both The Legal 500 and Chambers and Partners. The firm also appeared in the Times Best Law Firms. We act for businesses, education providers and individuals requiring advice on an exciting range of immigration law issues. We offer...
There has been another successful challenge to the policy on asylum seekers undertaking paid work. In R (Cardona) v Secretary of State for the Home Department [2021] EWHC 2656 (Admin), the High Court has declared that Home Office policy on this issue failed to comply with the statutory duty to...
About half of the Home Secretary’s speech to the Conservative Party conference today was given over to immigration and asylum, but there were no new policy announcements. In fact it was, in structure, tone and content, much like last year’s effort: free movement is dead; work visas for the “best...
In the absence of safe and legal routes to sanctuary countries in which they can rebuild their lives, refugees often resort to travel by unsafe means. The issue of rescuing refugees at sea has risen in global prominence, with an estimated 40,000 refugees and other migrants dying between 2014 and...
Certain foreign citizens who can drive fuel tankers can enter the UK without a visa until 15 October under a new immigration concession. The Home Office published the Concession for temporary leave to allow employment as HGV fuel drivers on Saturday 2 October. It allows entry outside the normal Immigration...
Advocate General Hogan’s opinion in case C‑247/20 VI v Commissioners for Her Majesty’s Revenue & Customs concludes that someone no longer requires Comprehensive Sickness Insurance (CSI) once they have permanent residence under EU law. The opinion is only advisory; it is not legally binding. But the opinion of the Advocate...
Immigration officials may stop people travelling from Ireland to Great Britain and ask to see their papers despite the Common Travel Area, the Home Office has confirmed. A newly updated version (10.0) of the Common Travel Area guidance says: Whilst there are no routine immigration controls when travelling to Great...
Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explored the 180-day absence rule, and...
No, not Prince Andrew, who has enough problems already. Not the late American pop star either. Prince Nasser Bin Hamad Al Khalifa of Bahrain. According to the High Court in FF v Secretary of State for the Home Department [2021] EWHC 2566 (Admin), the Home Office is required to consider...
Immigration casework supervisor — recruitment brief 1. Job Description Refugee Legal Support (RLS) and Safe Passage International (SPI) are looking to recruit two immigration casework supervisors to deliver direct immigration casework, to train and supervise volunteer lawyers working on the Afghan Pro Bono Initiative. Partner Organisations Refugee Legal Support (RLS)...
The number of new visas is starting to make heads spin. The government’s announcement of a route for HGV drivers and poultry workers comes hot on the heels of a new employment route for Graduates which opened in July. Next year will see at least two more new visas launched,...
The government has announced that HGV drivers and poultry workers will be eligible for temporary visas from next month. The policy represents a shift from the firm line against “low-skilled” immigration post-Brexit. Here is what we know about it so far — including some direct responses from the Home Office....
At the outset of the pandemic, on 23 March 2021, Upper Tribunal President Lane issued guidance for making deciding immigration appeals “on the papers”, without an oral hearing. As all immigration practitioners know, oral hearings are essential for appellants to put their case properly and having the decision made on...
In Ciceri (deprivation of citizenship appeals: principles) [2021] UKUT 238 (IAC), the Upper Tribunal has applied the guidance given in R (Begum) v Special Immigration Appeals Commission [2021] UKSC 7 to deprivation of citizenship appeals on grounds of fraud. It does so in a way which inflicts maximum damage on...
Personal immigration lawyer / trainee solicitor / paralegal, OTB Legal Location: Creative House, Unit 1 Chase Park, Daleside Road, Nottingham, NG2 4GT. 1 mile from Nottingham City Centre. Deadline for receipt of applications: 08/10/2021 for the Lawyer role, 04/10/2021 for Trainee Solicitor and Paralegal roles Salary: £25,000 to £40,000 for...
A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn’t find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale required, and she panicked and went back him....
A serious crime is enough for humanitarian protection to be revoked, the Upper Tribunal has held. The case is Kakarash (revocation of HP; respondent’s policy) [2021] UKUT 235 (IAC). Appeal against loss of humanitarian protection initially allowed Mr Kakarash, an Iraqi national, came to the UK as a child and...
The Home Office is now conceding three out of every ten immigration appeals before the hearing, a senior immigration judge has said. Michael Clements, President of the First-tier Tribunal (Immigration and Asylum Chamber), puts the cheerful stat down to a new online appeal process. President Clements was speaking at a...
The fact that the Detained Fast Track asylum appeal process was systemically unfair doesn’t mean it was automatically unfair in every case decided under it, according to the Supreme Court. The case is TN (Vietnam) [2021] UKSC 41. TN is a Vietnamese asylum seeker who first came to the UK...
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. The tribunal concluded that it did not. As a...
Mark Henderson, Rowena Moffatt and Alison Pickup have produced an update of the seminal Best Practice Guide to Asylum and Human Rights Appeals and (bless them) made it available online through the Electronic Immigration Network. As a dumb medic, I cannot pretend to have any useful opinion about most of...
The judgment in Arturas (child’s best interests: NI appeals) Lithuania [2021] UKUT 237 (IAC) looks interesting at first, but turns out to be terrifically arcane. It is about the consequences of a failure by the Home Office to comply with its duties concerning the best interests of children. In most...
Updated on August 2021 version with change of one essential criterion from ‘necessary’ to ‘advantageous’ Rainbow Migration, the leading UK charity dedicated to supporting LGBTQI+ people through the asylum and immigration system, is recruiting a dynamic new position of Legal & Policy Director. We have built an impressive reputation for...
Changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. This post attempts to flag the significant changes that are likely to impact on current and future applications. Joining family members As far as Appendix EU is concerned, the first...
Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a concession is a policy operated by the Home Office that is more...
New from the Upper Tribunal: MY (Suicide risk after Paposhvili) Occupied Palestinian Authority [2021] UKUT 232 (IAC). The case is about migrants who seek to rely on Article 3 of the European Convention on Human Rights to resist removal from the UK on the basis that they are very seriously...
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”? This is the issue considered by the...
Migrants’ Law Project (MLP) Solicitor/Caseworker/Barrister Salary Band £34,986 – £38,404A salary of up to £44,373 may be considered for those at Supervisor level with high levels of experience and expertise We are seeking a solicitor/caseworker/barrister to join our supportive, collaborative team. We will support you to develop a strategic legal...
The Home Office has put out some details on the new Afghan Citizens Resettlement Scheme (ACRS). It is highly topical but arguably irrelevant from an immigration lawyer’s point of view, because immigration law runs on applications and you cannot apply for this scheme. The document confirms as much in paragraph...
