Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). This post looks at how to make...
South West London Law Centres are seeking two experienced Asylum/Immigration Solicitors or Caseworkers with the appropriate level of accreditation to provide casework together with colleagues in a number of new projects including homelessness and domestic violence cases. You will show care and attention to our clients and the command of...
A new statement of changes has been laid today. Most of the changes relate to the EU Settlement Scheme and travel document requirements for school groups visiting the UK from France. There are also three new appendices (taking us up to 81 separate appendices to the immigration rules), Appendix Bereaved...
The Home Office has recently updated its guidance to clarify that leave under the Hong Kong BN(O) route cannot be cancelled because of relationship breakdown. Background Like most other immigration routes, a dependent spouse/ partner under the Hong Kong BN(O) route needs to show the Home Office that they are...
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350. Background The appellant is a...
Page contentsContriving to frustrate the intentions of the Immigration RulesImmigration law breaches that might trigger refusalReceiving “services or support to which they were not entitled”Aggravating circumstancesDealing with refusalsHelpful casesPast breaches of immigration rules: re-entry bansWhat periods apply and when?When does the ban period start?When do re-entry bans not apply?Can entry...
Only a relatively small number of failed asylum seekers who are appeal rights exhausted are forcibly removed. Government policy is to cut off their accommodation and support and hope that they leave the UK of their own volition. The reality is that some remain in the UK, and some of...
There will be a wide array of topics that will need to be discussed with the client before deciding to proceed with a claim for judicial review. We discuss some of the most common and important here. Page contentsClient objectives and alternative remediesCosts and funding“Strategic” challenges“Academic” challenges Client objectives and...
On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. Both result in a grant of five years’ permission to remain in the UK on a pathway to settlement...
While advisers qualified at OISC Level 2 can lodge notices of appeal against immigration and asylum decisions, they are not authorised to do substantive appeals work. This includes paper appeals work and making representations to, or appearing before, the courts or tribunals. In this unit we will look at which...
Page contentsOverview of family applicationsPartnersSuitability requirementsRelationship requirementFinancial requirementEnglish language requirementAccommodation requirementImmigration status requirementGrant of leave and settlementBereaved partnersVictims of domestic abuse Overview of family applications Family members (“applicants”) of certain people (“sponsors”) can apply to come to, or remain, in the UK on the basis of their family relationship. Such...
Ordinarily, the Administrative Court will only consider judicial review claims where there is a live issue affecting a prospective litigant. At paragraph 6.3.4.1, the Administrative Court Guide states: Where a claim is academic, i.e. there is no longer a case to be decided which will directly affect the rights and...
South West London Law Centres are recruiting (3 x Immigration Solicitor/Caseworker positions) Salary up to £36,377 per annum depending on experience. Hours – Full Time or Part Time Considered South West London Law Centres (SWLLC) is recruiting 3 x new Solicitor/Caseworker (permanent positions), expanding our highly respected and friendly team...
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules in human rights appeals. The Upper Tribunal has neatly encapsulated the current position in a recent case, Caguitla (Paragraphs 197...
This month Colin and Sonia cover the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin’s suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, the latest caselaw and some business immigration issues. If you...
This month we talk more about the Illegal Migration Bill and its potential consequences, the right way to go about tackling the asylum backlog, Colin’s suggestion of a new British Citizenship Act, the resumption of hostile environment bank account closures, we run through a load of cases and end by...
Salary: negotiable, based on experience Hours: 3 days per week Benefits: Flexible working including part-remote; parental leave; workplace pension; generous training and development budget; generous annual leave plus public holidays. Location: Hammersmith, London. Duration: Permanent Deadline for Applications: Friday 12th May 2023 Start Date: ASAP Cromwell Wilkes is an outstanding...
The MYTH: Being bilingual is all you need to be an effective interpreter. The TRUTH: To be a competent interpreter, speaking two languages is necessary but not sufficient. Interpreters are trained professionals. The MYTH: Everyone who works as an interpreter has a qualification. The TRUTH: At the time of writing (March 2023) interpreter...
Rishi Sunak announced yesterday a number of measures to address the government’s self-made asylum backlog. The tone of Sunak’s statement was more measured than the sometimes rather unhinged rhetoric to which we have become accustomed, although he still introduced the topic as being about “illegal immigration”. There were no attacks...
There is no good reason to treat victims of transnational marriage abandonment differently from victims of domestic abuse in the UK. So found Lieven J in the case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). Background Avid readers of...
Raising misconduct by or within your employer is a brave and difficult step. You put your financial security, your career and your well-being at risk for the greater good. Often the rewards are nil, if not negative. For migrants there is the additional burden of legal precarity, which is often...
Appendix FM states that it “sets out the requirements to be met and, in considering applications under this route, it reflects how, under Article 8 of the Human Rights Convention, the balance will be struck between the right to respect for private and family life and the legitimate aims”. Despite...
MY (Pakistan) v SSHD [2021] EWCA Civ 1500 Free Movement write up October 2021 The Court of Appeal confirmed the Home Office does not need to address an Article 8-based human rights claim unless it is made using the specified form or process. In this case, there was no obligation...
The provisions covering family life are mainly contained in two parts of the Immigration Rules: Appendix FM and Part 8. Part 8 pre-dates July 2012 – which is when Appendix FM came into force – and the two sets of provisions are structured differently. Part 8 covers children sponsored by...
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts arise because “overseas visitors” are charged for certain types of NHS treatment. The National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015 No....
The various judgments in Horvath are complex, and direct quotation is often necessary. On the central issue of sufficiency of protection, Lord Hope’s is now generally regarded as the leading judgment. His comments on the necessary standard of protection were as follows: The standard to be applied is therefore not...
The five ‘Convention reasons’ are central to the Refugee Convention. A refugee is a person with a ‘well-founded fear of being persecuted for reasons of…’. There must therefore be a causal link between the harm suffered and one of the five Convention reasons. In addition, the Convention reasons can have...
The eligible “close” family relationships that can be sponsored by an EU citizen in the UK are the same irrespective of which category the family member falls under. Extended family members can only fall under category 1 (Family Members) and are not included in the Appendix EU definition of category...
The Court of Appeal has given its long-awaited decision in the case of MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500. Unfortunately, it confirms that the Home Office can refuse to engage with a human rights claim for permission to stay in the UK...
A woman went back to her husband who had previously been violent to her, and it was at least partly because she couldn’t find anyone to make her application for indefinite leave to remain under the domestic violence rules within the timescale required, and she panicked and went back him....
This is where we keep tabs on changes to UK immigration laws, rules and procedures brought on by the coronavirus pandemic. We’ve been trying to keep this post continually up to date rather than covering new coronavirus developments as separate blog posts that may become rapidly out of date. Material...
From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after that deadline, but they must have “reasonable...
Job details Role Title: Immigration/EUSS Programme Manager Grade: C Salary: £32,029 – £35,934 per annum pro rata, depending on experience Hours: Full time Contract: Permanent Location: London Reports to: Deputy CEO Background East European Resource Centre (EERC) is an independent charity that has been providing advice and support to disadvantaged...
2020 has presented huge challenges for people trying to navigate the immigration system, for immigration advisers trying to support them, and for the Home Office and the courts. At Greater Manchester Immigration Aid Unit (GMIAU) we’ve analysed six immigration changes made because of COVID-19 that have proved beneficial for all...
When is a “false document” not a “false” document? In LLD v Secretary of State for the Home Department [2020] NICA 38, the Court of Appeal in Northern Ireland held that a document cannot itself be dishonest. Dishonesty requires an assessment of the state of mind of the person submitting...
This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of case law this month, so we take a detour via domestic...
Welcome to episode 80 of the Free Movement immigration update podcast. This month we start with the EU Settlement Scheme before turning to a couple of cases at the intersection of immigration law and family law. With the slow down in the court system, there wasn’t a whole lot of...
Working with interpreters can bring many challenges and it is important that lawyers develop their skills in this area so as to ensure that the process operates as smoothly as possible. Speaking via an interpreter can easily create additional barriers between a lawyer and a client but taking the following...
The Home Office has so far rejected the majority of EU Settlement Scheme applications that rely on Zambrano rights. New figures show that 770 of the 1,260 Zambrano carers applying for leave to remain under the scheme have been rejected (61%). A non-EU citizen who is the primary carer of...
