Do you need to worry about Brexit if you have indefinite leave to remain?
11 April 2018
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An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might
An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might
On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an
The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues
One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable”
To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a
Warning: contains spoilers. And information about the plot too. See also my review of the original Paddington film. Let me say at the outset that
Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation
On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in
In tribute to beloved author Michael Bond (1926-2017), who died yesterday, I am republishing this blog post reviewing the film Paddington, based on the character
“Why don’t asylum seekers stop before they get here?” I have been asked this question many times. There are lots of safe countries on the
“Two visas had been rejected … I was wrenched by a heavy feeling of humiliation…trying to prove that I’m a “normal person” like any Englishman,
Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence”
A new set of requirements for overstayers who apply for leave to enter or remain in the UK was introduced late last year. In short, the
To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration
Fees for judicial review applications hare risen yet again from today, Monday 25 July 2016. A new fees order was quietly laid last Friday: The Civil Proceedings, First-tier Tribunal, Upper Tribunal
“I’ll never forget that day” We tend to believe that the more important an experience, the more likely it is that it will be ‘engraved’
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines
It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR
This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought
I thought it was high time for a general advice post, as it’s been a while since the last one. This one is about fresh
On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In other words, a draft Brexit divorce agreement. This blog post will...
An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they: are 18 or over are of “good character” meet the knowledge...
Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatical abroad, I would worry about things like whether I...
The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent residence under EU law. It is asking...
One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is impossible to play a sport...
To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a power of exile or banishment. In Roman law, the punishment of “proscription” was civic and literal death, unless the person went into exile. It would...
Warning: contains spoilers. And information about the plot too. See also my review of the original Paddington film. Let me say at the outset that Paddington 2 is a deeply unrealistic film. As a Paddington fan and father of two young children I had no problem suspending my disbelief to...
Where a European national commits a crime in the UK and is sentenced to a term of imprisonment, they will often be subject to deportation proceedings. The protections afforded to them (and to British nationals who commit crime in European countries) are contained within a European Directive (2004/38/EC of 29...
On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in MM (Lebanon) & Others v Secretary for the Home Department [2017] UKSC 10 on the Minimum Income Requirement. The new rules come into effect on...
In tribute to beloved author Michael Bond (1926-2017), who died yesterday, I am republishing this blog post reviewing the film Paddington, based on the character created by Bond. The blog post was originally published on 1 December 2014 and versions of it appeared in the New Statesman and Financial Times....
“Two visas had been rejected … I was wrenched by a heavy feeling of humiliation…trying to prove that I’m a “normal person” like any Englishman, that I’m not aspiring to swap my career in Egypt as a cartoonist [and] scriptwriter … for British social welfare, that I really want to...
Summary The Home Office has hardened its position on EU citizens who are living in the UK but who do not have a “right of residence” under Directive 2004/38/EC. New regulations were introduced on 1 February 2017 and a swathe of policy documents were updated shortly afterwards. These regulations and...
To acquire EU rights of residence and ultimately permanent residence, a person usually has to engage in certain activities: employment, self employment, study or being self sufficient. There are other criteria as well, but these are the four key ways that a person qualifies. The activities have to be “genuine...
The British Nationality Act 1981 requires a successful applicant for British citizenship to show, amongst other things, that he or she is free from immigration restrictions. Technically, the requirement is set out in paragraph 2(c) of Schedule 1 to the British Nationality Act 1981, which requires an applicant to show:...
Fees for judicial review applications hare risen yet again from today, Monday 25 July 2016. A new fees order was quietly laid last Friday: The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016. The fees going up are for the permission stage and they rise...
“Cockroaches” according to Katie Hopkins. A “swarm” according to our likeminded Prime Minister, David Cameron, and The Daily Mail (again). An “army” according to the popular press, who seem to think we should literally send troops into France (without asking the French, we can assume) to hold the thin red...
The question of when family and private life exists in a legal sense is an increasingly important one in immigration law as it effectively determines whether a person has a right of appeal against refusal on an immigration application. The Court of Appeal addresses this issue in the case of...
It is very widely believed that the Human Rights Act stops the UK from deporting foreign criminals whence they came. To a limited extent, there is some truth in this. Some appeals against deportation decisions do succeed on human rights grounds. Not many, though, and none succeed because of the...
The word “hopeless” appears five times in the determination of R (on the application of Rashid) v Secretary of State for the Home Department IJR [2015] UKUT 190 (IAC). While the judge remains fairly cool she was clearly irritated with Counsel. Much of the case is devoted to salvaging some...
This piece started life as a practice note for welfare benefits cases but the same principles are transferrable to the immigration jurisdiction so we thought it would be helpful to share it here on Free Movement as well. If permission to appeal against a decision of a First-tier Tribunal in...
