Search Results for: new immigration rules

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status as a partner is...

10th October 2024
BY Alex Piletska

Since July 2012 the immigration rules for adult dependent relatives have been, in practice, almost impossible to meet. Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. But they don’t all fail. In the right circumstances supported...

9th October 2024
BY John Vassiliou

In this episode of the podcast Barry does everyone a big favour by taking us through the autumn statement of changes in detail. Sonia and Barry also have a bit of a call to arms on discretionary grants of indefinite leave to remain and tackling the ten year route. The...

7th October 2024
BY Sonia Lenegan

Immigration Advice Authority resources Information and guidance on the Immigration Advice Authority (formerly OISC) Table of Contents What is the Immigration Advice Authority and what does it do? The IAA’s role in immigration advice Learn More How to become an Immigration Advice Authority Level 1 Advisor Your path to Immigration...

3rd October 2024
BY matt@meltdesign.co.uk

Over the summer, the Home Office published Border Force guidance explaining how those with status under the EU Settlement Scheme (EUSS) should be treated when entering the UK. The guidance also addresses pending EUSS applications and those who may be eligible but have yet to submit an EUSS application (late...

26th September 2024
BY Chris Benn

The report into the Rwanda country policy and information notes by the Independent Chief Inspector of Borders and Immigration has finally been published. The Rwanda scheme may be over, and the relevant country notes withdrawn shortly after the Supreme Court’s decision but as I pointed out last week, there are...

23rd September 2024
BY Sonia Lenegan

Making a mistake on an immigration application form can be disastrous. If the mistake is interpreted by officials as an attempt to mislead or deceive, the application may be refused and can also lead to a ten-year ban on re-entry to the UK. Following a Court of Appeal decision that...

20th September 2024
BY Colin Yeo

Welcome to the weekly Free Movement newsletter! Another eight people died in the Channel over the weekend while trying to come to the UK. The government continues to focus on securitisation alone, as a new Border Security Commander is announced and the prime minister seems to believe that there is something useful to...

17th September 2024
BY Sonia Lenegan

In this post I explain the variety of reasons that it is a very bad idea to submit a fee waiver application purely for the purpose of getting section 3C leave, with no eligibility for or intention of making the subsequent immigration application mentioned in the fee waiver application. The...

17th September 2024
BY Sonia Lenegan

This summer, a legal challenge against the ten year route to settlement became a national media story. When Nelson Shardey spoke out about the pain of being told he didn’t have any lawful status after 45 years in the UK, his story touched the nation. In this post, solicitor Nicola...

12th September 2024
BY Nicola Burgess

Following the new Office of the Immigration Services Commissioner Code of Standards for regulated immigration advisers going live on 1 September 2024, the OISC has published an accompanying practice note on how immigration advisers need to show they are competent. Unhelpfully, it’s towards the bottom of this page and it...

11th September 2024
BY Free Movement

If a migrant makes a valid application to extend their leave (permission) to be in the UK before it expires, their existing leave will be rolled over until a decision has been made on the application, even if this is after the original expiry date. This is commonly known as...

11th September 2024
BY Alex Piletska

Welcome to the weekly Free Movement newsletter! Following last week’s disaster in the Channel in which six children and a pregnant woman were among the dozen who lost their lives, everyone should read this article by a Syrian refugee in the UK highlighting the problems with the government’s approach to...

10th September 2024
BY Sonia Lenegan

The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for Migration and Citizenship. The errors we covered last week in relation to skilled worker going rates are being corrected from 8 October 2024 and we...

10th September 2024
BY Sonia Lenegan

In April this year, the government introduced significant increases to the qualifying salary rates for the skilled worker and global business mobility routes. While employers and potential employees grapple with how the new salary thresholds and ‘going rate’ percentiles affect new hires as compared to extensions in the same role,...

10th September 2024
BY Ben Maitland

Barry joins Sonia again this month to look back at what happened in August. We cover the latest statistics on asylum, immigration and trafficking. There are a couple of cases relating to asylum family reunion, as well as a policy change for those separated during Operation Pitting. Other cases covered...

9th September 2024
BY Sonia Lenegan

The immigration rules permit a parent living overseas, who has British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this category must meet in...

6th September 2024
BY Nick Nason

Often corporate immigration advice can feel as though it boils down to Skilled Worker applications and little else. In amongst that “little else” is the UK Expansion Worker route, which came in to replace the sole representative route. We already have a briefing on how to apply under this route and...

28th August 2024
BY Robert Houchill

A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...

27th August 2024
BY Sonia Lenegan

Anyone whose life consists of daily references to the immigration rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite constant research, you will still make new discoveries, even when you think there are no further depths to which you...

23rd August 2024
BY Alex Piletska

The Upper Tribunal has held that an Afghan man who was living in Ukraine at the time of the Russian invasion and who wanted to come and join his brother in the UK was lawfully refused a grant of entry clearance under the Ukraine schemes. The case is R (on...

21st August 2024
BY Sonia Lenegan

You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in most cases, the answer to the second question...

16th August 2024
BY Nath Gbikpi

People from Commonwealth countries often ask whether they can get a British visa on the basis of their country’s historical ties to the UK. The answer is, generally speaking, “no”. But there is one route which is open only to, although not to all, Commonwealth nationals: the UK Ancestry visa....

15th August 2024
BY Nath Gbikpi

The Upper Tribunal has held that the Home Office guidance on Zambrano carers is wrong to require decision makers to assess whether a person may be able to make an application with a “realistic prospect” of succeeding under Appendix FM. This was the same conclusion reached by the High Court...

14th August 2024
BY Sonia Lenegan

As the third anniversary of the Operation Pitting flights loom, the Home Secretary has finally announced a scheme, Afghan Citizens Resettlement Scheme Pathway 1 Stage 2, that will allow for evacuated families to be reunited. Background In August 2021, the world watched in horror as the Taliban began to overwhelm...

1st August 2024
BY Jamie Bell

Welcome to the weekly Free Movement newsletter! For the third week in a row a person has died trying to cross the Channel to get to the UK. 23 people have lost their lives attempting that journey and there is a lot of this year left. Still nothing from the new government...

30th July 2024
BY Sonia Lenegan

We have recently seen several cases where a person has received a ‘minded to curtail’ notice from the Home Office following the automatic extension of their permission under the EU Settlement Scheme. Below we look at what is happening in more detail and what people in this situation should do....

30th July 2024
BY Carla Mirallas Martinez

Last week the asylum process formally got moving again as the Illegal Migration Act 2023 (Amendment) Regulations 2024 came into force and so I thought it was a good opportunity to review the highs and lows of last year’s backlog clearance exercise. The impact assessment for the new regulations provides...

29th July 2024
BY Sonia Lenegan

A recent response to a Freedom of Information request shows that there has been a sharp increase in the number of people being invited to more than one substantive asylum interview. In 2022, a total of 4,144 asylum applicants were invited to more than one substantive interview. In 2023 this...

23rd July 2024
BY Katherine Soroya

Being somewhat of a dinosaur (55) I can remember when the UK had a work permit system specific to entertainers and sportspeople. A little team of civil servants beavering away in an office near the Houses of Parliament, deciding who gets a work permit and who doesn’t. For two years...

19th July 2024
BY Steve Richard

EVENTS Short description goes here for this Upcoming Dates Training Year Upcoming Dates OISC Level 1 Guided Learning: 8 January 2024 8 January 2024 £ 500 This course is perfect for those wanting to learn immigration law for the first time. You do not need any prior experience or previous...

18th July 2024
BY matt@meltdesign.co.uk

The King’s Speech has given notice that “A Bill will be introduced to modernise the asylum and immigration system, establishing a new Border Security Command and delivering enhanced counter terror powers to tackle organised immigration crime [Border Security, Asylum and Immigration Bill]”. The background briefing notes provide further detail on...

17th July 2024
BY Sonia Lenegan

The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting of the new rules was ambiguous, yet the updated guidance seemed to suggest that the 548 day limit no longer...

16th July 2024
BY Alex Piletska

The process for identifying and supporting survivors of trafficking has been seriously degraded over the past couple of years and in this article I look at the position in relation to grants of leave made to those people who have been identified as survivors of trafficking. Some recent decisions considering...

12th July 2024
BY Beth Mullan-Feroze

Due to the stated position of the previous Conservative government that there would be a removal flight to Rwanda on 24 July 2024, a High Court hearing was due to take place over four days starting on 9 July 2024. Due to the election of a Labour government and their...

9th July 2024
BY Jed Pennington

HM Chief Inspector of Prisons has published a report on an unannounced inspection of Harmondsworth immigration removal centre, a facility run by Mitie Care and Custody, concluding that “there is a huge amount of work to be done to get Harmondsworth even up to the mediocre standards we found at...

9th July 2024
BY Sonia Lenegan

This post is for those who are new to the area of Windrush compensation claims, or who would like to submit their own claim, and is designed to be a beginner’s guide to the application process. Background to the scheme In April 2018, the news that long-term lawful residents, including...

4th July 2024
BY Nicola Burgess

Excess absences remain a real risk for holders of pre-settled status, with recent changes announced to the EU Settlement Scheme likely to cause more confusion. The changes mean that some people with pre-settled status may see their status automatically upgraded to settled status by the Home Office, while others may...

3rd July 2024
BY Karma Hickman

I am looking forward to voting Labour on 4 July. I live in the Bristol Central constituency and am fortunate to have Thangam Debbonaire as my local MP. I’m doubly pleased to be able to vote for a Labour government and for Thangam personally. She would be a brilliant Secretary...

2nd July 2024
BY Colin Yeo

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...

28th June 2024
BY Nath Gbikpi
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