Briefing: invalid immigration applications
25 April 2022
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For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic
As a result of the almost aggressively complex way our immigration system works, not just in law but procedure as well, Ukrainians applying under the
No set of amendments to the Immigration Rules is complete without tweaks and additions to the ever-expanding Points Based Immigration System, and statement of changes
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ
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
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.
Since the announcement of the new High Potential Individual route as part of the UK Innovation Strategy, there’s been considerable buzz about what it will
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration permission? As a reminder, the Court of Appeal in Afzal held that...
As a result of the almost aggressively complex way our immigration system works, not just in law but procedure as well, Ukrainians applying under the Ukraine Family Scheme or Homes for Ukraine may appear to be granted less time in the UK than they were promised. Applicants to both schemes...
No set of amendments to the Immigration Rules is complete without tweaks and additions to the ever-expanding Points Based Immigration System, and statement of changes HC 1118 is no exception. In addition to the changes already outlined by CJ, there are a number of important changes to existing routes, as...
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invalidity beyond biometrics Confirms that in most cases, invalidity (and...
What amounts to a “fresh claim” for permission to stay in the UK and how should the immigration tribunal handle challenges arguing that someone’s case should be treated as a fresh claim? These were the questions considered by the Upper Tribunal in R (Akber) v Secretary of State for the...
This was the question before the Court of Appeal in R (X and others) v Secretary of State for the Home Department [2021] EWCA Civ 1480. The court decided that the answer is “yes”, with some caveats. Challenge to five-year delay pending fraud investigation The case concerned a family who...
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...
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...
Since the announcement of the new High Potential Individual route as part of the UK Innovation Strategy, there’s been considerable buzz about what it will mean for graduates around the world seeking to move to the UK. Until the new route is mapped out in a statement of changes to...