Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their
The Home Office can impose entry bans on people who have previously breached immigration law or used deception in their application for leave. Bans can
A Youth Mobility visa enables people aged 18-30 (or 35 for some countries) to live and work in the UK, usually for up to two
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
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
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,
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
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
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of
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
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
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
A visit visa allows a person to visit the United Kingdom on a temporary basis, usually for up to six months at a time. As
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having
Lawyers do not own the word “refugee”. The term has been in use since the eighteenth century and has its own evocative, wider meaning in
With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is
Appendix Long Residence of the immigration rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite
The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money
In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under
Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones.
Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect people from any background and part of
Naturalisation is the legal process by which a non-British adult becomes a British citizen. An application has to be made to the Home Office and
The Immigration Health Surcharge (IHS) is a fee levied on the majority of UK visa applications. The Immigration Health Surcharge is on top of other
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in
On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion.
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who
One of the most common UK immigration myths is that there is a maximum permitted stay of 180 days in a year (or six months
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048.
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for
Asylum lawyers like me tend to focus on just one clause of the Refugee Convention: the definition of a refugee. This is the gateway to
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is
Asylum seekers who would otherwise face destitution must rely upon support from the government. This support is limited to either £8.86 a week if their accommodation provides meals or £49.18 in other cases which means most will struggle to meet their basic needs. Given this meagre level of support, it...
The Home Office can impose entry bans on people who have previously breached immigration law or used deception in their application for leave. Bans can last one year, two years, five years or ten years. Generally speaking, and except for some minor exceptions, the person will not be allowed to...
A Youth Mobility visa enables people aged 18-30 (or 35 for some countries) to live and work in the UK, usually for up to two years. It used to be called the “working holiday-maker scheme” and some people may still call it that. Crucially, there is no requirement to have...
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...
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...
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...
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...
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...
The Home Office often makes mistakes when exercising its immigration powers. The high appeal success rates bear testimony to this: as many as 50% of some categories of appeal are allowed. However, there are only some limited circumstances where it is possible to extract compensation from the Home Office by...
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...
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...
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....
A visit visa allows a person to visit the United Kingdom on a temporary basis, usually for up to six months at a time. As is typical of many sections of the immigration rules, the rules for visitors are complex and spread across several different appendices. The rules are also...
This piece is about refugees, asylum seekers, and the Refugee Convention. It outlines who can be a refugee, and how being a refugee and having “refugee status” are two very different things. We also explore the rights and entitlements available to refugees and to asylum seekers awaiting the outcome of...
Lawyers do not own the word “refugee”. The term has been in use since the eighteenth century and has its own evocative, wider meaning in the public consciousness. Those fleeing Ukraine or relocating to the United Kingdom from Hong Kong can validly be referred to as “refugees”, for example, even...
With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is now the Skilled Worker visa. The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply apply for this visa unaided. Applicants need...
Appendix Long Residence of the immigration rules enables a person with 10 continuous and lawful years of residence in the UK to apply for indefinite leave to remain. It is also possible to apply for limited leave to remain in this route. But there are complications and qualifications. What kind...
The Appendix FM minimum income requirements for spouse and partner visas can catch out even those with enough money to meet them. Having the money only takes you so far: the income must come from a specific source, must be calculated in a certain way, and specified evidence must be...
In other posts we have looked at the requirements to be satisfied by a spouse or partner who seek leave to enter or remain. Under Appendix FM, the sponsor can be a British citizen, a settled person, a refugee, or someone with humanitarian protection, limited leave under Appendix EU, Appendix...
Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the immigration rules. Specifically, the part of the rules that applicants need to navigate are...
Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect people from any background and part of society. Migrants can be particularly vulnerable and unwilling to seek help because of their precarious status in the UK. This article looks at in country...
Naturalisation is the legal process by which a non-British adult becomes a British citizen. An application has to be made to the Home Office and if the criteria set out in the British Nationality Act 1981 are met then the application will be granted and the person can attend a...
The Immigration Health Surcharge (IHS) is a fee levied on the majority of UK visa applications. The Immigration Health Surcharge is on top of other Home Office immigration fees and designed to land in a different government pocket. Also sometimes known as the NHS surcharge, it essentially adds £1,035 per...
A “returning resident” is a resident of the United Kingdom with settled status who returns to the country after a lengthy absence abroad. Ordinarily, when a person refers to “returning residents” they might be talking about a temporary resident who leaves for a short time, for example on holiday or...
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
Deportation proceedings pit the rights of the individual against those of the state, appointed guardian of the public interest. And as very clearly stated in primary legislation, the deportation of foreign criminals is in the public interest. The law in this area is rent through with politics, shifting relentlessly with...
On the face of it, refugee status and humanitarian protection seem like two sides of the same coin. Both are a form of international protection granted to a person in need. Both result in a grant of five years’ permission to remain in the UK on a pathway to settlement...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...
The UK Expansion Worker visa is part of the Global Business Mobility route. It enables overseas businesses seeking to expand into the UK to temporarily assign senior managers and specialist employees, including business owners, to the UK to establish a British operation. Opening on 11 April 2022, it replaced the...
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who have the unenviable job of fielding complaints about their colleagues from irate migrants and their lawyers, their enlightenment must rival that of any Renaissance polymath....
Immigration applications are extremely expensive. Most requests for permission to stay in the UK (other than under the Points Based Immigration System) now cost £1,048. In addition, applicants may need to pay an Immigration Health Surcharge (£624 a year for adults and £470 for children). On average, therefore, migrants will...
The Home Office has published guidance on fee waivers for entry clearance applications (in other words, when it is possible to get a visa for free). This is important as the fees are set at a level that is prohibitive for many families. The waiver application form is here. The...
Asylum lawyers like me tend to focus on just one clause of the Refugee Convention: the definition of a refugee. This is the gateway to formal recognition as a refugee and is therefore of vital importance to any person seeking asylum. From this definition, set out at Article 1A(2) of...
Owing a debt to the National Health Service is a ground for refusing applications for permission to enter or remain in the UK. Such debts arise because “overseas visitors” are charged for certain types of NHS treatment. The National Health Service (Charges to Overseas Visitors) Regulations 2015 (SI 2015 No....
For a UK immigration application to be considered at all, it must be valid. Whether an applicant meets the criteria is a moot point if this first, fundamental requirement isn’t met. Validity is a bit like oxygen: all things being well, it is invisible and unnoticeable. You only notice it...
A successful application for asylum or humanitarian protection in the UK results in the grant of five years’ permission to stay, on what is known as a “protection route”. People granted permission on a protection route then need to apply for settlement, or “indefinite leave to remain”, shortly before the...
There is a UK visa for overseas domestic workers, first introduced in 2002. Although the Immigration Rules do not define “domestic workers”, the route is typically used by nannies, cleaners, chauffeurs, cooks, personal carers and protection staff. The domestic worker route has undergone a number of changes over the years,...
