Early on, practitioners and others highlighted a problem: that pre-settled status expires. They were concerned that it could lead to a situation where people would lose all their rights and become overstayers if they failed to make another application to the Scheme for settled status. This is a significant penalty...
We live in what some have called ‘multi-status Britain’, a country in which discrimination is baked into a social, economic and racial hierarchy based on different forms of legal status. With British citizenship, other forms of British nationality, indefinite leave to remain, permanent residence, the five year route to settlement,...
An important update confirms British citizenship rights for people born to EU citizens between 1 January 1983 and 1 October 2000 following a change in the Home Office’s position on how British nationality law applies to them. The change was first announced during a hearing before the High Court in...
Prior to Brexit, EU citizens and their family members could be deported. However, their deportation was regulated by EU law, and more specifically the European Union Directive (2004/38/EC of 29 April 2004), brought into domestic law by the Immigration (European Economic Area) Regulations 2016. The protections afforded to European nationals...
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel to another temporary hotel. R(HZ) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) leaves open the...
Job title: SENIOR IMMIGRATION ADVISER (Scotland and Wales) Reporting to: Immigration Advice Manager Duration: 35 hours/5 days a week (full time) Location: Responsible for work in Scotland and Wales, working from home or embedded in local services. Salary: £33,250 p.a., initially a one-year contract with expectation of extension. About Settled...
The scandal of asylum-seeking children going missing from Home Office hotels (Ministers resist terms such as ‘kidnapped’) is an extreme situation. But they are not the only children suffering at the hands of the UK’s migration policies. The Lords Justice and Home Affairs Select Committee has recently published All families...
The UK continues to play host to industrial action with the latest strike action announced this week being opted for by Junior Doctors and currently set for March 2023. For many, negotiated settlements continue to be some way off and further strikes are anticipated in the coming months. UK visa...
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016? The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement. This is the...
The Home Office is not beloved as an institution. Some consider it necessary. But no-one likes it. That seems to include not just migrants and their families but also many of the civil servants at the Home Office itself, the lawyers and judges who interact with the Home Office and...
In a judgment handed down last Friday, the High Court has cast doubt on the British citizenship status of children born in the United Kingdom before 2 October 2000 to EU citizens who did not at that time possess indefinite leave to remain. The case is R (on the application of...
In the latest podcast episode, Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and...
Colin and Sonia take a look back at 2022 and ahead to 2023 as well as covering the immigration updates from December 2022. Looking back, they talk about small boat crossings, the Ukraine and Hong Kong schemes, the impact (or lack of) the Nationality and Borders Act 2022, the Rwanda...
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...
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful immigration status, the Department for Work and Pensions (DWP) Regulations treat them as a person not in the UK and...
Hot on the heels of Celik and Batool comes another case dealing with the complex mess of post-Brexit free movement law. The case is Elais (fairness and extended family members) [2022] UKUT 300 (IAC). You can read more about the cases of Celik and Batool here. In this case, the Upper Tribunal considered...
The minimum income requirement for a spouse or partner visa is well known. Broadly speaking, applicants must show that their sponsor has a gross annual income of at least £18,600. Alternatively, they can rely on savings or, if they are already in the UK and working legally, on their income....
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons. The update effectively concedes...
While most commonly registration applications are made by children, some adults can also register as British. This type of registration is particularly common for adults who would have been born British had nationality law not been discriminatory. Page contentsSection 1(4): 10 years of continuous residence in the UK since birthSection...
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...
The Home Office has put in place some immigration concessions and special visa schemes in response to Russia’s full-scale invasion of Ukraine. This includes the very important Ukraine Family Scheme. The department’s “core plan” is to issue visas rather than formal refugee status to Ukrainian citizens, keeping them out of...
Since the Nationality and Borders Act 2022 came into force on 28 June 2022, there are now different forms of protection status. Some have additional requirements to satisfy in order to successfully apply for reunion. The different forms of protection status are: All refugees and those granted Humanitarian Protection who...
It has been six months since the UK announced its initial response to the humanitarian crisis in Ukraine, allowing those affected by the outbreak of conflict to arrive or remain in the UK under visa-based immigration routes. Three routes were made available: These visas grant three years limited leave to...
Article 1D of the Refugee Convention excludes people from refugee protection where they are in receipt, or are eligible to receive, another form of international protection from organs or agencies of the United Nations other than UNHCR. It states: This Convention shall not apply to persons who are at present...
We first heard of the Windrush scandal in early 2018, as a result of powerful investigative journalism. It stands for decades of injustice experienced by thousands, whose lawful existence in this country was denied by the state. Individuals faced constant questioning about their rights and entitlements and were told that...
Page contentsWhat is a creative worker visa and why is this route useful?Key informationConsider alternatives firstEarly considerations – border concession and switching in-countryWho can be a sponsor?What is the Certificate of Sponsorship requirement?What is the Resident Labour Market Test for Creative Workers?What is the difference between single, multiple and consecutive...
Are you applying to stay in the Isle of Man, Jersey or Guernsey? This is one of the final questions asked at the submission stage for all UK residence visa applications. Immigration professionals will invariably select “no” and progress with submission. But for those independently making an application to enter...
In this month’s podcast episode, we are discussing the new Home Secretary and the direction of government immigration policy, changes in policy and new visas, and the latest immigration case law. The 40-minute podcast follows the running order below. Timestamps indicate when a particular section begins. Politics Priti Patel: an...
Welcome to episode 104 of the Free Movement immigration update podcast. This month I am joined by “immigration lawyer about town”, as she put it, Sonia Lenegan. Taking pity on me after my solo effort last month, Sonia is the legal and policy director at Rainbow Migration, a consultant solicitor...
In Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC) and Batool and others (other family members: EU exit) [2022] UKUT 00219 (IAC) the Upper Tribunal considered to what extent human rights arguments can be considered in EU Settled Status appeal. In short: they can be considered where the...
Many predicted that the heady mix of Brexit and COVID-19 would result in litigation, and so it has come to pass. Ending EU free movement law in the middle of a global pandemic – when people faced difficulty travelling, marrying, and getting advice from an immigration lawyer – was bound...
Extended family members who have made an application under the EU Settlement Scheme, without having first obtained a residence document under the Immigration (EEA) Regulations 2016 are not entitled to settled or pre-settled status. This is the conclusion of the Upper Tribunal in Batool and others (other family members: EU...
When the footballer Mario Balotelli’s house was on fire, the first person he called was his agent. Who, quite predictably, told him to phone the fire brigade. As an immigration lawyer I have received less dramatic phone calls. Yet the story resonates with me. For those we help to enter...
The current/outgoing government on 22 June 2022 introduced to Parliament the Bill of Rights Bill. For those (like me) who have been struggling to keep up with the news of late, the legislation will, if it becomes law, scrap and entirely replace the Human Rights Act. The Bill of Rights...
“Theresa May exercised her free movement rights with a trip to Florence on Friday…” So began CJ’s first blog post for Free Movement, published on 26 September 2017. Nearly five full years later — a period sufficient to see off three Home Secretaries — CJ is moving on to a...
The EU Settlement Scheme (EUSS) opened in 2018 and had issued almost 6.5 million decisions by the end of June 2022. The sheer scale of the scheme is a remarkable achievement for the Home Office. The department took on a momentous task when the UK government decided that everyone who...
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...
Short-term: domestic abuse concession A victim of domestic abuse who is working may be able to escape the situation by moving elsewhere and supporting themselves while making an application for indefinite leave to remain. Those without the means to do this are likely flee to a refuge to escape the...
Leave as a partner depends on the relationship between sponsor and partner continuing. But there is a special scheme for migrants in the UK as partners when the sponsor passes away. Essentially it allows the bereaved partner to get indefinite leave to remain early. This not only secures their immigration...
A person with leave to remain as a parent can qualify for indefinite leave as a parent following either: The applicant for indefinite leave must continue to meet the same relationship, financial and immigration status requirements as previously, although it is not possible to rely on a relationship with a...
