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 […]
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 […]
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 […]
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 […]
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, […]
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), […]
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 […]
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 […]
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 […]
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. […]
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 […]
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 […]
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 […]
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 […]
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 a migrant from outside the […]
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 […]
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 […]
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 […]
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 […]
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 on her behalf. When she […]
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 […]
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 […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant […]
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 […]
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 […]
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 […]
The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this […]
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 […]
The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But […]
The ill-treatment of Commonwealth soldiers may no longer make headlines, but scandalously high immigration fees are depriving many of those who have served this country of their right to settle […]
