Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Page contentsMandatory refusals for criminality/bad characterSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusalCharacter, conduct...
The grounds for refusal at Part 9 of the Immigration Rules enable, or even require, an immigration application which otherwise meets the requirements to be refused. In 2020, Part 9 of the Rules underwent a significant overhaul. Many of the old grounds for refusal have new names, but the old case law...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...
This month Colin and Sonia cover two statements of changes to the Immigration Rules, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a number of cases, including one from the Supreme Court on Palestinian refugees. If you...
We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load...
A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme. Many of the changes are minor technical or drafting changes. It is...
Following Brexit, almost all EU/EEA nationals lost their permission to be in the UK as free movement ended — unless they secured themselves a new immigration status. This included those who had previously been issued a permanent residence document under the “EEA Regulations”. The EU Settlement Scheme was set up...
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...
A new statement of changes to the immigration rules has now been published. The explanatory memorandum to the statement can be found here. The most significant changes are the addition of the Electronic Travel Authorisation scheme, and the introduction of the Innovator Founder route on 13 April 2023. The minimum...
New guidance has been published by the Home Office confirming how consideration will be given to whether an applicant to the EU Settlement Scheme is a person with a derivative right to reside. A derivative right to reside in the UK was confirmed by the Court of Justice of the...
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30. For those who don’t know, the House of Lords held in Chikwamba v Secretary of State for the...
The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that the EU settlement scheme is unlawful. The scheme was set up by the British government to transition the lawful basis...
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of the changes that have been made. The changes come into force on 9 November 2022. A few of the definitions...
This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...
This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...
Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications,...
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Page contentsBackground: non-working EU citizens needed health insuranceWhy did it take so long to decide that the NHS counts...
In this month’s update we cover right to work checks, quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience, and finish on the hot topic of citizenship deprivation. The downloadable 26-minute podcast follows the running order below. Timestamps indicate when...
Welcome to episode 97 of the Free Movement immigration update podcast. This month we cover quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience and finishing on the hot topic of citizenship deprivation. If you would like to claim CPD...
Another in the rich vein of legacy EU law appeals lodged pre-Brexit. FE v HMRC (CHB) [2022] UKUT 4 (AAC) is about the right of Chen parents — the primary carers of self-sufficient EU citizen children — to claim benefits, in this case child benefit. The appellant FE is Nigerian....
Residence check on application Once the automated residence check has been carried out the applicant will see one of three possible preliminary results on-screen: 1. “You’ll be considered for settled status.” The automated check confirms the applicant had been living in the UK for a continuous five-year period. If this...
In general, family members of UK citizens cannot apply to the EU Settlement Scheme. These relationships have nothing to do with the EU and are a matter for Appendix FM. But the EU Settlement Scheme allowed for a few exceptions. Page contentsQualifying British Citizen (Surinder Singh) casesLounes dual nationalsNorthern IrelandCarersEU...
Applications to the EU Settlement Scheme can be made inside or outside the UK. Applying involves entering some personal details via a Home Office smartphone app and then filling in an online form. There is help available for people who are unable to use the app or need help using...
Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum,...
This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU...
This update course covers June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. We’ll tackle that beast next month; in this edition, we’ve got a few points about the EU Settlement Scheme to cover; a couple of...
Welcome to episode 90 of the Free Movement immigration update podcast. We’re covering June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. But life goes on, and we’ve got a few points about the EU Settlement Scheme...
Most people applying to the EU Settlement Scheme do so entirely online. A minority cannot, including adults without a valid passport, young children with no ID at all and non-EU citizens who qualify for the scheme under various scenic routes (known to lawyers as Zambrano, Chen, Ibrahim/Teixeira and Surinder Singh)....
December 2020 feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military service and refugee status; a big case on asylum accommodation delays; a report on the UK statelessness procedure;...
Welcome to episode 84 of the Free Movement immigration update podcast. We’re going over what happened in December 2020, which feels a bit like it was asylum month: we’ve got some very important changes to the Immigration Rules on claiming asylum and safe third countries; an interesting case on military...
Immigration law is complicated. This will probably not be a surprise to readers of this blog. There has, over the last couple of years, been a concerted effort to simplify it. This is a good thing. But has it been successful? Different types of complicated Immigration law can be complicated...
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...
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in various ways, including longer processing times. The...
Certain non-European nationals who look after EU children, non-EU children of EU nationals or British citizen children living in the UK can apply to the EU Settlement Scheme as well. Though, as with the cases we have already discussed in this course, applications made after the deadline are “late applications”....
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 easily answer this question: your application will be refused. But things can get a bit more complicated. While it is...
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 by the availability of “modern means of communication”. It is a phrase that has become almost invisible to immigration practitioners,...
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 rules relating to the rights of family members of British citizens to move to the UK. That does not, though,...
This month we start with the excellent result on child citizenship fees and the Supreme Court’s clarification of the legal test in Zambrano cases. There are also interesting cases on investment visas, unlawful detention and deportation law to cover, as well some developments in asylum law. The downloadable 20-minute podcast follows the...
