The Upper Tribunal found no error of law in a First-tier Tribunal decision that allowed an EU Settlement Scheme derivative rights appeal, following a Home
In a recent freedom of information request, the S.A.F.E project asked the Home Office for information on how long EU Settlement Scheme administrative reviews are
The Border Security, Asylum and Immigration Bill is at committee stage in the House of Lords. The Bill as first introduced has several government amendments
The statement of changes to the immigration rules HC 836, published on 24 June, will amend the definition of “continuous qualifying period” in Annex 1
A new statement of changes to the immigration rules (HC: 836) has been published today and before your adrenaline gets going I can tell you
There is a strong argument that the answer to this question is yes. The Home Office recently conceded a judicial review brought on this basis.
The latest statement of changes to the immigration rules has been published, accompanied by an explanatory memorandum and a ministerial statement. A visa regime has
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had
The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where
Following the article ‘EU Settlement Scheme: automatic extensions and potential curtailments’, published on 30 July 2024, we are now able to provide a bit more
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
The latest quarterly statistics show little movement on the asylum backlog, which was to be expected given the Home Office was not making many decisions
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
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
The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to
It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that
The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the
The Home Office has introduced some flexibility for some people who are applying late to the EU Settlement Scheme, after the rules were severely tightened
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach
The Upper Tribunal found no error of law in a First-tier Tribunal decision that allowed an EU Settlement Scheme derivative rights appeal, following a Home Office concession that the Appendix EU rules were met. Appealing to the Upper Tribunal, the Home Office argued that the First-tier judge should not have...
In a recent freedom of information request, the S.A.F.E project asked the Home Office for information on how long EU Settlement Scheme administrative reviews are taking to decide, in light of the ever increasing published processing time. The Home Office’s response shows that four in five applications for administrative review...
The Border Security, Asylum and Immigration Bill is at committee stage in the House of Lords. The Bill as first introduced has several government amendments made as it completes its passage through Parliament, and so I have detailed those below. I look only at those put forward by the government...
The statement of changes to the immigration rules HC 836, published on 24 June, will amend the definition of “continuous qualifying period” in Annex 1 of Appendix EU from 16 July to offer an another way for a pre-settled status holder to complete a five year continuous residence period. The...
A new statement of changes to the immigration rules (HC: 836) has been published today and before your adrenaline gets going I can tell you that unlike some of the more recent ones, there are no immediate changes being made. As ever, the explanatory memorandum is a useful read but...
There is a strong argument that the answer to this question is yes. The Home Office recently conceded a judicial review brought on this basis. However, to date, the argument has not been tested in court. The eligibility requirements for entry clearance as a spouse are in Appendix FM of...
The latest statement of changes to the immigration rules has been published, accompanied by an explanatory memorandum and a ministerial statement. A visa regime has been imposed on Trinidad and Tobago with immediate effect, I am pretty sure you can guess why. Details on that and many of the other...
The Court of Appeal has upheld the Home Secretary’s decision to refuse an application made under Appendix EU by an extended family member who had not first obtained a residence document under the Immigration (EEA) Regulations 2016. The case is Emambux v Secretary of State for the Home Department [2024]...
The High Court has dismissed a challenge to changes made to late applications to the EU Settlement Scheme which removed the right to appeal where it is not accepted that the applicant had a good reason for applying late (i.e. where the application is rejected as invalid, rather than being...
Following the article ‘EU Settlement Scheme: automatic extensions and potential curtailments’, published on 30 July 2024, we are now able to provide a bit more insight about current curtailment activity under the EU Settlement Scheme (EUSS), gained from stakeholder engagement with the Home Office. Background The Home Office has the...
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...
The latest quarterly statistics show little movement on the asylum backlog, which was to be expected given the Home Office was not making many decisions due to the Illegal Migration Act. Following restrictions to the ability of people to bring their immediate family to the UK with them, we have...
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...
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....
The court has held that a parent granted a family permit under the EU Settlement Scheme based on assumed dependency must show actual dependency to get leave to remain when applying after 1 July 2021. That decision is Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ...
It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did not amount to a relevant document for Appendix EU purposes, the protection of the Withdrawal Agreement was engaged because of...
The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held to be unlawful by the Upper Tribunal. The case is R (Lukasz Krzysztofik) v Secretary of State for the Home...
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin). Both appellants...
The Home Office has introduced some flexibility for some people who are applying late to the EU Settlement Scheme, after the rules were severely tightened in August last year. The new version 22 of the guidance for caseworkers on the EU Settlement Scheme applies to decisions made from 16 January...
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously. The Office of the Immigration Services Commissioner (OISC) has updated its guidance to reflect these changes...
