The UK’s agreements on the post-Brexit rights of EU, EFTA and Swiss residents allow beneficiaries to sponsor their non-European family members to live with them
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The
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
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
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement
Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found
If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify
In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse
With the Armed Forces Bill making its way through Parliament, the opposition announced yesterday that it is moving a clause to ensure that service personnel
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63
In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for
In FA (Sudan) v Secretary of State for the Home Department [2021] EWCA Civ 59, the Court of Appeal has confirmed that someone applying to
Following years of discussion and consultation, the government’s draft Domestic Abuse Bill was eventually published in January 2019. Now, nearly two years later, the bill
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its
The UK’s long-awaited Domestic Abuse Bill has reached the House of Lords stage of its progress towards becoming law. In the House of Commons, MPs
Everyone in the UK has the right to respect for their family life under Article 8 of the European Convention on Human Rights. But as
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A
The DeSouza case raised complex issues of citizenship, identity and implementation of the Good Friday Agreement, but at the heart of the case was an
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at
Adilah is from Afghanistan. In 2012, she marries a British citizen, and moves to the UK on a spouse visa, which her husband applied for
In asylum and criminal deportation and probably all areas of immigration, credibility is the key. Some of my own techniques for building credibility into a
Whilst survivors and campaigners welcomed the reintroduction of the Domestic Abuse Bill in parliament last week, there is a clear consensus amongst us that the
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments
The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to
The status orange weather warning was justified. On Stormont Hill in east Belfast we were exposed to the full blast of Storm Boris as it
The Duke and Duchess of Sussex, Prince Harry and Meghan Markle, have dominated recent news headlines with their announcement that they intend to “balance” their
Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor,
It will not have escaped your notice that today is Valentine’s Day. The day when love, new and old, seems inescapable. Whether it’s lovers gazing
Yesterday’s Sunday Times report that “Commonwealth soldiers don’t earn enough to bring families with them” will come as no surprise to immigration practitioners confronted on a daily basis
The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now
The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic
In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether
In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix
MS (Pakistan) TD and X (A Child) (Jamaica) [2018] EWCA Civ 1776, a case about the minimum income requirement for sponsoring a family member under
The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international
In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State
The UK’s agreements on the post-Brexit rights of EU, EFTA and Swiss residents allow beneficiaries to sponsor their non-European family members to live with them in the UK. There are broadly two types of eligible family members: direct family members, such as spouses, civil partners, children and dependent parents, who...
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is a short summary; for more detail, see...
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...
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...
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing so — but also some pitfalls and potential issues to...
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying. With the deadline to...
Since the introduction of highly restrictive rules for adult dependent relatives there have been numerous stories, all desperately sad, of parents trying and failing to join or remain with their children in the UK. Mobeen v Secretary of State for the Home Department [2021] EWCA Civ 886 is yet another...
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...
If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8) [2021] UKUT 115 (IAC). Facts of the case Ms Begum,...
In this edition of “have I got immigration news for you”, we look at the case of Mahabir v Secretary of State for the Home Department [2021] EWHC 1177 (Admin), in which the High Court found that the Home Office had caused a “colossal interference” with the right of a...
Rules restricting migrants’ access to benefits are back in the spotlight following a new High Court decision, which found that aspects of the “no recourse to public funds” (NRPF) scheme fail to protect the rights of children. The case of ST (a child, by his Litigation Friend VW) & VW...
With the Armed Forces Bill making its way through Parliament, the opposition announced yesterday that it is moving a clause to ensure that service personnel with Commonwealth citizenship should not have to pay £2,389 for indefinite leave to remain following their service. We would also look to end the currently...
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”) [2021] UKUT 63 (IAC) has provided helpful clarification on when having a partner can disqualify someone from getting permission to remain in the UK as a parent of...
In another blow for the Home Office on visa application fees, the department has been forced to concede that its policy on fee waivers for entry clearance applications is unlawful. Fee waiver policies At time of writing, the relevant guidance states that applicants outside the UK can only be granted...
In FA (Sudan) v Secretary of State for the Home Department [2021] EWCA Civ 59, the Court of Appeal has confirmed that someone applying to stay in the UK under the domestic abuse rules must have had permission to remain as a partner. This appeal was a bold challenge to...
Following years of discussion and consultation, the government’s draft Domestic Abuse Bill was eventually published in January 2019. Now, nearly two years later, the bill comes before the House of Lords on Tuesday 5 January. Campaigners and survivors alike know that this so-called “landmark” legislation continues to fall short— specifically...
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its people’s inability to speak the same language. But as anyone who has ever had the misfortune to read Home Office guidance can attest, it is...
The UK’s long-awaited Domestic Abuse Bill has reached the House of Lords stage of its progress towards becoming law. In the House of Commons, MPs had considered an amendment to lift the no recourse to public funds rule for migrant survivors of domestic abuse. This amendment was proposed to fill...
No recourse to public funds (‘NRPF’) is a condition imposed on the majority of UK visa holders preventing them from claiming benefits. In R (W, A Child By His Litigation Friend J) v Secretary of State for the Home Department & Anor [2020] EWHC 1299, the High Court found the...
The DeSouza case raised complex issues of citizenship, identity and implementation of the Good Friday Agreement, but at the heart of the case was an immigration matter and a family who have faced a brutal uphill struggle to live together in the UK, like so many others. Last week, the...
What happens when you enter the UK as a visitor and then apply to remain here so that you can stay with your British family members? Most immigration lawyers can easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
In countless Home Office decisions, and in judgments at all levels of the courts system, separation of family members for immigration reasons is – at least in part – justified by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
In asylum and criminal deportation and probably all areas of immigration, credibility is the key. Some of my own techniques for building credibility into a statement include: I “read” or “watch” the client’s narrative like a novel or a film. I then ask whatever question springs to mind to make...
Whilst survivors and campaigners welcomed the reintroduction of the Domestic Abuse Bill in parliament last week, there is a clear consensus amongst us that the government’s “landmark” legislation fails to protect migrant victims. In order for the UK to comply with its domestic and international obligations, the Bill must include...
The case of SD (British citizen children – entry clearance) Sri Lanka [2020] UKUT 43 (IAC) shouldn’t come as a surprise to anyone following developments around Appendix FM and the rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...
The case of MM v NA (Declaration as to Marital Status) [2020] EWHC 93 (Fam) is very (very!) niche, but may be of interest to practitioners with clients who got married in Somaliland and wish to rely on that marriage for immigration purposes. Spoiler: that marriage is likely to be...
The status orange weather warning was justified. On Stormont Hill in east Belfast we were exposed to the full blast of Storm Boris as it blustered fiercely around us. So the Irish Times opened its report on the recent visit of the Prime Minister to Belfast. However fierce Storm Boris...
The Duke and Duchess of Sussex, Prince Harry and Meghan Markle, have dominated recent news headlines with their announcement that they intend to “balance” their time between North America and the UK, reducing the time spent on official royal engagements. This change of direction raises many questions, of clearly which...
Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor, but whose two daughters, aged 4 and 9, were refused visas to join her in the UK. The story explains that Ms Murrey’s husband lives...
It will not have escaped your notice that today is Valentine’s Day. The day when love, new and old, seems inescapable. Whether it’s lovers gazing into each other’s eyes over candlelight or in moments snatched after the children have been put to bed — even if it’s just saying “I...
Yesterday’s Sunday Times report that “Commonwealth soldiers don’t earn enough to bring families with them” will come as no surprise to immigration practitioners confronted on a daily basis with British citizen or settled clients who can barely meet the minimum income requirement. My experience of representing over a dozen Commonwealth...
The domestic violence concession allows victims of domestic abuse access to public funds while they make an application for settlement. The High Court has now made clear that this concession only applies to those who are already on the route to settlement as a partner in the case of FA...
The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic testing was compulsory for certain family visas. Sajid Javid also announced a potentially wide-ranging review of the immigration system more generally in a sign of...
In SR (subsisting parental relationship – s117B(6)) Pakistan 2018 UKUT 3345 (IAC), the Upper Tribunal examines the various pieces of law relevant to deciding whether someone who has a child in the UK should be allowed to stay here. The case is helpful for two reasons: The Home Office’s approach...
In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rules for non-EU citizens who want to...
MS (Pakistan) TD and X (A Child) (Jamaica) [2018] EWCA Civ 1776, a case about the minimum income requirement for sponsoring a family member under the Immigration Rules, shows that sometimes starting over with an immigration application and waiting a little longer for a decision is the right way to...
The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or appeals in this area. The case is also authority for the proposition that...
In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500, hot on the heels of the Immigration...
