Author Archive
Receiving unsettling news: how to challenge the refusal of EU settled and pre-settled status
The settled status scheme for EU citizens to stay in the UK after Brexit is about to complete its last test phase and will be fully open on 30 March 2019. We have talked about how the Settlement Scheme operates here: How to apply for “settled status ...
22nd March 2019Exceptional circumstances in a spouse or partner visa application under Appendix FM
In recent posts we have looked at the requirements to be satisfied by a British or settled person who wishes to bring their spouse or partner into the UK under Appendix FM of the Immigration Rules. But what can be done if someone is unable to meet the ...
5th November 2018Still Falling Short: recent study highlights special features of LGBTQI+ asylum claims
The recently published UK Lesbian & Gay Immigration Group report Still Falling Short examines the Home Office’s decision-making in asylum applications from LGBTQI+ people. The report is a qualitative study of mainly lesbian, gay and bisexual c ...
22nd August 2018How to apply for a UK spouse or partner visa
Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the Immigration Rules. Specifically, the part of the Rules th ...
20th August 2018What are the financial requirements for UK spouse and partner visas?
One of the trickiest parts of applying for a UK visa as a spouse or partner are the financial requirements. Appendix FM of the Immigration Rules contains minimum financial requirements to be met in entry clearance or leave to remain applications. This ...
6th August 2018No costs awarded despite “clearly unfounded” certification being withdrawn
In ZN (Afghanistan) and KA (Iraq) [2018] EWCA Civ 1059, the Court of Appeal considered the tricky issue of costs in public law cases, in a scenario where the appeals were withdrawn following consent orders. The main points The judgment is interesting ...
4th June 2018Good news for people appealing curtailment of leave on human rights grounds
Lord Justices Hickinbottom, Kitchin and Coulson have delivered an interesting judgment concerning the free-standing balancing exercise of Article 8 ECHR in the context of a leave curtailment. The case is Tikka v Secretary of State for the Home Departm ...
10th April 2018Running a business may amount to private life for the purposes of Article 8
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life ...
12th March 2018No duty of fairness to student left in the lurch by college
Last week the Court of Appeal dealt with the issue of fairness and discretion in the context of the Points Based System. Specifically, it decided that such values take a firm second place to predictability. The case is R (Dharmeshkumar Bhupendrabhai P ...
27th February 2018