The Home Office published a new statement of changes to the Immigration Rules today. It is 108 pages long and the changes take effect on 6 April 2021 unless otherwise specified. Most relate to the work and study routes branded as the Points Based Immigration System, although there are various...
When I first stepped into the field of statelessness as a practitioner, I expected it to be complex. With a background in asylum and anti-trafficking casework, I was familiar with nationality disputes and the challenges facing those affected. But I did not expect that the legal and human complexity of...
Among the key points highlighted by the Treasury from today’s Budget is “reforms to the immigration system [to] help ambitious UK businesses attract the brightest and best international talent”. As a policy prescription, this is up there with motherhood and apple pie; even the most ardent restrictionists are in favour...
British citizenship by descent is underpinned by the principle of jus sanguinis (“right of blood”). This allows citizenship to be passed down “through the blood” to the first generation of children born abroad. Subsequent generations born abroad do not inherit British citizenship — which can come as a nasty shock....
Shamima Begum has lost her case in the Supreme Court. This means that she will not be able to return to the UK to argue her main case about whether she should or should not be deprived of her British citizenship. But her main case remains outstanding — and may remain...
The High Court in SM v Lord Chancellor [2021] EWHC 418 (Admin) has held that free legal advice must be made available to immigration detainees held in prisons, bringing access to lawyers into line with the legal advice scheme operating in immigration removal centres (“IRCs”). In a significant loss for...
Part 9 of the Immigration Rules consists of a long list of reasons why someone can be refused permission to enter or stay in the UK. These are known as the “general grounds for refusal”. Part 9 was recently overhauled, with the Home Office simultaneously making cosmetic and substantive changes...
The Home Office breached the human rights of a refused asylum seeker by evicting him while his eighth attempt to reopen his asylum claim was still pending, the High Court of Northern Ireland has found. The case is Re Omar Mahmud [2021] NIQB 6. Background Mr Mahmud, 42, is a...
An update on the Fratila case, which in December 2020 saw the Court of Appeal hand down a very significant decision improving access to benefits such as Universal Credit for EU citizens with pre-settled status. A stay on that decision (i.e. it didn’t take legal effect) was in place until...
In typical Home Office fashion, years after it should have been issued, we now have some generic guidance on visa decision waiting times for applications inside the UK. Until now, we only ever had waiting times for applications outside the UK. The standard processing time for most applications is eight...
The Upper Tribunal in QC (verification of documents; Mibanga duty) China [2021] UKUT 33 (IAC) has given useful guidance on how to approach documentary evidence submitted by asylum appellants. The tribunal has also clarified the circumstances in which Home Office must make enquiries to verify an appellant’s documentary evidence before...
The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Exception for overstayers The rules for...
Upholding an earlier High Court decision, the Court of Appeal has confirmed that the Home Office’s £1,012 fee for registering children as British citizens is unlawful. The case is R (Project for the Registration of Children As British Citizens & Anor) v Secretary of State for the Home Department [2021]...
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as British — but there are other requirements which can...
The government wants to restrict the ability of migrants to resist removal from the UK by invoking their right not to suffer inhuman or degrading treatment, the Justice Secretary has said. In an interview with the Daily Mail, Robert Buckland “confirmed plans to restrict the use of Article 3 of...
Since 31 December 2020, the list of people who can sponsor a family member under Appendix FM to the Immigration Rules has included those who are “in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3(d)”. As the name suggests, GEN 1.3(d) is found in...
The European Court of Human Rights has looked for the first time at when the prosecution of a human trafficking victim might violate Article 4 of the Convention. In VCL and AN v United Kingdom (application nos. 77587/12 and 74603/12), it sharply criticises the Crown Prosecution Service for prosecuting victims...
In Bikanu (s.11 TCEA; s.117C NIAA; para. 399D) [2021] UKUT 34 (IAC), the Upper Tribunal has confirmed that paragraph 399D of the Immigration Rules has no relevance to the human rights exceptions to deportation set out in section 117C(4)-(6) of the Nationality, Immigration and Asylum Act 2002. President Lane and...
We get it: immigration law is tricky. Even so, C1 v Secretary of State for the Home Department [2021] EWHC 242 (Admin) is on another level and is probably best summarised by this GIF: Math Calculate GIF from Math GIFs The gist of the decision is that the Home Office...
With travel bans from so-called “red list” countries, the suspension of travel corridors and today’s long-awaited introduction of compulsory hotel quarantine, those already holding or who have applied for UK visas will be concerned about how these measures may affect their visas and ability to travel to the UK. There...
In R (Mozumder) v Secretary of State for the Home Department [2021] EWCA Civ 138, the Court of Appeal has dealt with an unusual costs issue arising from the furore over alleged cheating in English language tests. The issue was how costs should be apportioned from a judicial review which...
Welcome to episode 85 of the Free Movement immigration update podcast (not in fact episode 84 as we incorrectly say in the intro). We again start with developments in asylum law before going to business immigration and the Hong Kong BNO visa which is now open for applications. There is...
In response to growing pressure, the government announced on Monday that no immigration status checks will be carried out for migrants getting the coronavirus vaccination. While Downing Street’s press release focused on the lack of status checks, further action is required to gain the trust of those whose lives have...
Since 1 January 2021 people seeking asylum in Europe, be they adults or children, have been far less likely to reunite with their family in the UK. A vital legal route has been closed, as the Brexit transition period has come to end and the Dublin III Regulation can no...
A High Court judge has raised the prospect of contempt of court proceedings against the Home Secretary, Priti Patel, after her department breached a mandatory injunction. Mr Justice Chamberlain made the ominous comments in the case of Mohammad v Secretary of State for the Home Department [2021] EWHC 240 (Admin). ...
Two different roles here with the Immigration Law Practitioners’ Association; do note the different closing dates (24 Feb and 22 Feb respectively). 1. Legal & Parliamentary Officer Job Title: Legal and Parliamentary Officer Start date: April 2021 Location: Central London (nearest stations Barbican/Farringdon) – although currently working from home Reports...
The hostile environment should be reformed by selective repeal of key provisions, addressing Home Office culture and improved routes to regularisation, an influential think tank has found. Beyond the hostile environment, a report released yesterday by the Institute for Public Policy Research, follows up on a previous look at the...
In an interim relief decision the High Court has ordered the release of an immigration detainee within 48 hours, indicating that judges will not allow the Home Office to use the pandemic as cover to justify long “grace period” delays in releasing detainees. The case is R (Habeb) v Secretary...
Goodbye and good riddance to the “nationality requirement”, which since November 2017 has seen criminal defendants told to state their citizenship during their first appearance in court. A report last year by non-profit law firm Commons Legal found that the rule was deeply unpopular among criminal lawyers and created an...
In the latest round of the legal saga involving Egyptian dissident Yasser Al-Siri, the Court of Appeal has ruled that the Home Office acted unlawfully in only granting him restricted leave to remain after an earlier First-tier Tribunal decision that he is a refugee. There was, the court found, no...
“Illegal migrants’ vaccine amnesty” is the front page of today’s Daily Mail. The paper reports that, in an “unprecedented” move, migrants will be vaccinated against coronavirus irrespective of their immigration status in the UK. In fact this is nothing new: coronavirus diagnosis and treatment, including “routine vaccinations”, have been exempt...
There has been an interesting and mainly polite (if tense) discussion on and off Twitter in recent weeks about advocacy on migrants’ rights. This is in part linked to a short piece I wrote about deportations and a follow-up by Emma Harrison, director of IMIX. I’ve linked to some of...
As we approach 30 June 2021, the deadline to apply for the EU Settlement Scheme, people are increasingly and understandably worried about their applications. In this post, we* try to answer some of the most commonly asked questions about the scheme, for those who haven’t applied yet. You can find...
Praxis, a dynamic, award-winning human rights charity supporting migrants in crisis or at-risk, is recruiting for several different roles as outlined below. Hackney Project Co-ordinator and Senior Immigration Caseworker Location: Mix of remote working and different locations in Hackney and Bethnal Green. Job Type: Full time – 35 hours Duration:...
The High Court has upheld the continued detention of an Indian national in a Category B prison on the basis of a high risk of absconding and serious criminal convictions, despite detention already lasting well over a year. The case is Singh v Secretary of State for the Home Department...
A Bradford solicitor has been struck off for multiple breaches of her professional duties, including reassuring a client that her immigration case was in progress when the application had never been lodged. Legal Futures reports that the Solicitors Disciplinary Tribunal “upheld a litany of allegations” against Rizwana Jamil, who practised...
