Refugees will be sent their decision via email or post. They may need to request that their original documents are returned to them. Page contentsSuccessful outcomeSettlementFamily reunionApplying for travel documentsOther types of statusDealing with a refusalIs there a right of appeal?Can the appeal be pursued from inside the UK?What is...
Page contentsLegal aidMeans testMerits testAsylum supportEligibilityApplying for asylum supportAsylum support after a refusalChange of addressHow to notify the Home Office of a change of address Legal aid Asylum is one of the very few areas of immigration law where legal aid is still available. At the stage of making an...
Page contentsBefore the substantive interviewEvidenceHaving the interview recordedDuring the interviewLegal representative at the interviewInterpreter at the interviewGender of interpreter and interviewerRecords of the interviewFurther readingTips for a good interviewAfter the interviewAsylum streamlining process Before the substantive interview After the screening interview, asylum claimants or their representatives will receive a letter...
Page contentsSources of interpretationUNHCREU and UK lawCase lawScholarsThe definitionWell-founded fearPersecutionConvention reasonsState protection and internal relocationWhat is the difference between a refugee and an asylum seeker?What is the difference between a refugee and an economic migrant? Sources of interpretation The definition of a refugee is set out at Article 1(A)(2) of...
The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following ten years’ continuous lawful residence in the UK. Those who had periods of overstaying can apply for limited leave to remain...
Most work and study migration to the UK is described as being part of the “Points Based Immigration System”. This terminology was first introduced in 2007 and covered the work and study routes available for non-EU migrants. Since 1 January 2021, EU citizens have also had to use the Points...
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...
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...
There are some common and recurring concepts that immigration advisers will encounter across the in their practice and those taking the level 2 assessments should have a good understanding of them. We look at some of the key ones here. Page contentsThe Immigration RulesDependantsSponsorshipNo recourse to public fundsFinancial requirementAdequate maintenance...
Following the outbreak of the conflict in Sudan earlier this year the UK government evacuated thousands of people. This included a number of Sudanese nationals, some of whom were single parents accompanying their British children. What their current entitlements and next steps are is unclear. There is no published...
The latest trafficking statistics show a huge increase in both refusals and delays, suggesting the Nationality and Borders Act 2022 had had a disastrous impact on the protection of survivors of modern slavery. Most of the trafficking provisions of the legislation came into effect on 30 January 2023. Changes were...
…some parts of the rules relating to the EU Settlement Scheme are so difficult to comprehend that it is at least arguable that they lack the clarity of law. An aspect of the definition of a ‘durable partner’ contained in Annex 1 of Appendix EU (definitions) is one such example. ...
Summary of the role We are a market-leading niche immigration law firm based in Nottingham City Centre, and we are looking for a IAAS Senior Caseworker with responsibility for an active and complex asylum caseload involving all aspects of asylum work including unaccompanied minors, adult asylum claims, fresh claims, extension...
All parties to judicial review are under a duty of candour. The duty requires parties to ensure all relevant information and all material facts are disclosed, even where such information undermines their case. For a more detailed exposition of the duty, see our blog post on the topic. In the...
Page contentsA. Part 54 of the CPRB. Administrative Court GuideC. Guidance on preparation of electronic bundlesD. ALBAE. Administrative Court User Group A. Part 54 of the CPR Judicial review claims are governed by part 54 of the Civil Procedure Rules. Part 54 is relevantly supplemented by: Whether to issue in...
Before you send off your application to register as an OISC adviser, you must have prepared for the assessment. This is because once the OISC authorisation team are satisfied they have all of the documents they need from you, you will be scheduled to take the assessment on the next...
I was away on holiday when the Daily Mail published its article with allegations of serious misconduct by immigration solicitors. It is a shocking article and accompanying video. The Solicitors Regulation Authority agrees and has intervened at three of the four named firms, closing them down for further investigation. You...
We have been flagging up concerns about the Home Office use of withdrawals for a couple of months now. We have covered the changes to the immigration rules relating to the withdrawal of asylum claims that come into effect on 7 August 2023, and published a briefing on withdrawals. The...
If you want to give immigration advice and you are not fully legally qualified then you will need to get registered with the Office of the Immigration Services Commissioner, or “OISC”. You will need to pass exams, prove that you have experience, pay a fee to the OISC and more....
If you married an EU national in the UK after 31 December 2020, you can’t get leave to remain under the EU Settlement Scheme unless you previously had or applied for an EEA residence card or family permit as their durable partner. That remains the case even if you would...
In February 2023 the Home Office introduced a new process with the purpose of reducing the asylum backlog, which at the beginning of 2023 stood at approximately 100,000 claims. The process only applies to claimants who lodged their claim before the 7 March 2023. The Home Office refers to these...
The Illegal Migration Act 2023 has now been published, after receiving Royal Assent on 20 July 2023. Previously, we have covered the provisions of what was then the Illegal Migration Bill in detail, so for the purposes of this article we look at what substantive changes have been made during...
The Home Office is increasingly treating asylum claims as being withdrawn. This seems to be a new policy intended to reduce the asylum backlog. The number of asylum decisions made by the Home Office at first glance appears to be increasing. When we look at the detail of the figures,...
This month Colin and Sonia cover visa updates – including the new Innovator Founder visa and Hong Kong British Nationals (overseas) visa concessions – along with a number of new cases. They also cover the latest policy updates, including a new Nationality Bill introduced to protect British citizenship of children...
Two new Upper Tribunal cases emphasise the importance of the parties to an immigration appeal identifying and addressing all the issues in dispute. Both the cases were decided by a panel that included Mr Justice Dove, the President of the Upper Tribunal (Immigration and Asylum Chamber). In Lata (principal controversial...
The second Statement of Changes to the Immigration Rules this week landed today: HC 1715. It adds Dominica, Honduras, Namibia, Timor-Leste and Vanuatu to the list of countries whose nationals require a visa to travel to the UK as a visitor. The change has been introduced with immediate effect, from...
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...
The Global Business Mobility: Secondment Worker visa route is for overseas workers who are undertaking temporary assignments in the UK. The worker must be seconded to the UK as part of a high value contract or investment by their employer overseas. The Global Business Mobility umbrella was launched on 11...
A would-be student stopped on arrival in the UK was wrongly denied a solicitor in interview, the High Court has found in R (on the application of Kumar) v Secretary of State for the Home Department [2023] EWHC 1741 (Admin). The facts Mr Kumar arrived at Manchester Airport with a...
The Home Secretary was entitled to refuse entry clearance to an Afghan interpreter accused of releasing sensitive information and threatening to kill coalition forces. That was the conclusion of the High Court in FMA and others v Secretary of State for the Home Department [2023] EWHC 1579 (Admin), the latest...
Today marks the 75th anniversary of the disembarking of the passengers on board the ship the HMT Empire Windrush at Tilbury docks on 22 June 1948. Even now, five years after the Windrush scandal broke, many well-informed and well-intentioned journalists, writers and policy-makers do not really grasp the true legal...
The Seasonal Worker route is one of those visas in the Temporary Worker family, allowing people to come to the UK for short stints without the right to stay long term. Seasonal Worker visas made up around half of all temporary worker grants in the year ending March 2023. 35,122 seasonal worker visas...
Electronic Travel Authorisation (ETA) has been on the government’s agenda for some time. Finally, in the March 2023 Statement of Changes to the Immigration Rules HC 1160, the long-awaited Electronic Travel Authorisation scheme was announced. This post explains what ETA is, who needs an ETA, and how to apply. It...
How should we seek to comply with the rules relating to foreign language witness statements in litigation that are governed by the Civil Procedure Rules, including judicial review proceedings in the Administrative Court, and civil actions in the Kings Bench Division and County Courts? The relevant rules and guidance relating...
The common travel area enables passport-free and legal travel between the United Kingdom (including Northern Ireland), the Republic of Ireland, the Isle of Man and the Channel Islands for British and Irish citizens and migrants with lawful status. Once a person is within the common travel area, there are no...
This month Colin and Sonia cover visa updates – including the new Innovator Founder visa and Hong Kong British Nationals (overseas) visa concessions – along with a number of new cases. They also cover the latest policy updates, including a new Nationality Bill introduced to protect British citizenship of children...
On 1 December 2020, the Grounds for Refusal in Part 9 of the immigration rules were amended, providing the Home Office with a wider scope to refuse permission applications and cancel existing permission. They include stricter mandatory grounds of refusal which, when applicable, require that applications for permission “must be...
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...
