Author: nathgbikpi

nathgbikpi

nathgbikpi

Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need to pay an Immigration Health Surcharge (£624 a year for adults and £470 for children). On average, therefore, migrants will...

12th July 2022
BY nathgbikpi

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross over with family law does not make it any easier. This blog post...

17th October 2018
BY nathgbikpi

Part 4 of the Immigration Act 2014 introduced a referral and investigation scheme for proposed marriages and civil partnerships involving a non-EEA national who could gain an immigration advantage from their nuptials. Under this scheme, register offices must refer all proposed marriages and civil partnerships to the Home Office if...

28th February 2018
BY nathgbikpi

The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 mainly revolved around the question of whether a child adopted abroad, where the adoption is not recognised by an EU member state, could be considered a “family member” under the EEA Regulations 2006. The Supreme Court has referred the case to...

15th February 2018
BY nathgbikpi

The case of Visa Joy Ltd will be of interest to immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC). The OISC makes sure that immigration advisers meet certain standards and are “fit and competent” to provide immigration advice and services. It will register as immigration advisers...

24th October 2017
BY nathgbikpi

In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a disappointing result for Mrs AMS, the...

17th October 2017
BY nathgbikpi

A surrogacy arrangement is, broadly speaking, where a woman carries and delivers a child for another couple or person. Under section 2(1) of the Surrogacy Arrangements Act 1985, it is a criminal offence for a person on a commercial basis to initiate or take part in a surrogacy agreement in the UK....

11th October 2017
BY nathgbikpi

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions under sections 37 and 41 of the Mental Health Act 1983 is “a foreign criminal...

4th October 2017
BY nathgbikpi

The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released a third interim decision in the case, relating to a very specific issue: had the UK derogated from Article 17 of Directive 2004/38 by the Accession...

3rd October 2017
BY nathgbikpi

The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the burden of proof of establishing a ‘marriage of convenience’ falls on the...

26th July 2017
BY nathgbikpi
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