In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as
The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot
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
This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The
From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s
When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference
This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for
In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a
In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave
Time is definitely a relative concept, a new Upper Tribunal decision suggests, examining the issue of what constitutes a “month” for the purposes of the
Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is
In Hoque & Ors v SSHD [2020] EWCA Civ 1357 the Court of Appeal addressed the issue of gaps in lawful residence in ten-year long
A post by a young Cambridge academic refused indefinite leave to remain after spending a year abroad has triggered a viral Twitter outpouring of indignation
Boris Johnson’s suggestion of an “amnesty for tens of thousands of illegal immigrants”, as the Daily Mail puts it, has ruffled some right-wing feathers, but
Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in
The issue of when a child should be expected to relocate to another country because of UK immigration laws is an emotive one. In 2012
President McCloskey certainly isn’t wrong when he says of the immigration rules on human rights introduced in 2012: These provisions of the Rules have generated
Now in version 12, valid from 17 October 2014. The only major change seems to be removal of guidance on qualifying for ILR after 10
UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield
The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled
I was recently reviewing the long residence policy for an informal advice and noticed that since I last looked at it (admittedly a little while
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed
Yes another Statement of Changes – HC 565 – has been laid and (hold your breath), most of it comes into force… today! I am grateful
As the second in a series of blog posts on the radical new July 2012 immigration rules we turn now to long residence requirements. Transitional
It looks like the 14 year rule may be for the chop. See this question and answer from Prime Ministers Questions yesterday: Mr Hollobone: … Under
In a fairly unsurprising decision, the Upper Tribunal has said that indefinite leave to remain obtained by deception and subsequently revoked cannot be counted as “continuous lawful residence” for the purposes of an application for indefinite leave to remain based on ten years’ residence. The case is R (on the...
The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting of the new rules was ambiguous, yet the updated guidance seemed to suggest that the 548 day limit no longer...
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...
This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home Department [2023] UKSC 46. Immigration lawyers have followed the long series in this line of cases the way we followed Game of Thrones: they both...
Marepally v Secretary of State for the Home Department [2022] EWCA Civ 855 is yet another long residence case, this time concerning a defective refusal notice. The appellant wanted to rely on the defect to argue that he had achieved ten years’ continuous lawful residence in the UK by operation...
Masquerading as a somewhat niche decision about non-payment of the Immigration Health Surcharge, R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 is a beast of a case that: Extends the Mirza exception to retrospective invalidity beyond biometrics Confirms that in most cases, invalidity (and...
Some young people born or brought up in the UK without immigration status can now apply for settlement after five years rather than ten. The change in policy comes in a new and very welcome Home Office concession, published yesterday. What follows is a short summary; for more detail, see...
When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended” overstaying does not break continuous lawful residence) The maximum number of absences that someone can accrue over...
This, in a sentence, is the conclusion reached by the Upper Tribunal (after 248 paragraphs!) in R (Waseem & Others) v Secretary of State for the Home Department (long residence policy – interpretation) [2021] UKUT 146 (IAC). Background: overstaying and long residence This is the fifth time within the last...
In the messy case of Akter v Secretary of State for the Home Department [2021] EWCA Civ 704 the Court of Appeal considered that a second decision letter which generated a right of appeal might have continued the appellant’s lawful residence when she pursued that opportunity to appeal, despite the...
In Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave should be treated as lawful residence for people making 10-year long residence applications. Background Migrants who have spent 10 years in the UK with continuous...
Time is definitely a relative concept, a new Upper Tribunal decision suggests, examining the issue of what constitutes a “month” for the purposes of the Immigration Rules on long residence. The case of Chang (paragraph 276A(a)(v); 18 months?) [2021] UKUT 65 (IAC) involved an application under the ten-year lawful residence...
Stealing someone’s identity is not a “false representation” for the purposes of a 20-year long residence application, the Upper Tribunal has found. The case is Mahmood (paras. S-LTR.1.6. & S-LTR.4.2.; Scope) Bangladesh [2020] UKUT 376 (IAC). Bangladeshi national Sultan Mahmood, 41, has been living in the UK since at least...
In Hoque & Ors v SSHD [2020] EWCA Civ 1357 the Court of Appeal addressed the issue of gaps in lawful residence in ten-year long residence applications. It found that the previous authority of R (Masum Ahmed) v SSHD [2019] EWCA Civ 1070 – which held that any applicant who...
A post by a young Cambridge academic refused indefinite leave to remain after spending a year abroad has triggered a viral Twitter outpouring of indignation and support – but did the Home Office get it wrong? Today I’ve been in the UK for 10 years, 1 month, 2 weeks, 3...
Boris Johnson’s suggestion of an “amnesty for tens of thousands of illegal immigrants”, as the Daily Mail puts it, has ruffled some right-wing feathers, but would it really revolutionise UK immigration policy? Johnson, who looks set to secure victory in the Conservative leadership race, told the paper he supported the...
Migrants who have spent ten years in the UK with continuous and lawful leave can apply for indefinite leave to remain (ILR). Can leave be “continuous” if it involved short gaps between lawful periods of leave where an applicant has overstayed? This was the question addressed by the Court of...
The President of the Upper Tribunal’s decision in OA and others (human rights; ‘new matter’; s.120) Nigeria [2019] UKUT 65 (IAC) has added another layer of complexity to an already biased and convoluted system. Readers are probably au fait with when the Secretary of State’s consent is required for an...
In the recently published case of MT and ET (child’s best interests; ex tempore pilot) Nigeria [2018] UKUT 88 (IAC), the Upper Tribunal looked again at the balancing exercise between a child’s best interests and the public interest when deciding whether it is reasonable to expect a child to leave...
Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of whether there would be “very significant obstacles” to an individual’s re-integration in that country if they were to be...
President McCloskey certainly isn’t wrong when he says of the immigration rules on human rights introduced in 2012: These provisions of the Rules have generated much jurisprudence during the last two years. In this latest contribution to that ever growing jurisprudential midden, Treebhawon and others (section 117B(6)) [2015] UKUT 674...
Now in version 12, valid from 17 October 2014. The only major change seems to be removal of guidance on qualifying for ILR after 10 years through the private life route. Still includes the useful exception to requiring continuity of residence for those who overstay for 28 days or less.
...UPDATE: Haleemudeen on remittal to UT: SoS conceded Edgehill applied, no need for deference to post-July 2012 and found disproportionate on Art 8 — Mansfield Chambers (@MansfieldImm) June 20, 2014 The facts of Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 reveal another of those...
The Court of Appeal has in the case of Edgehill & Anor v Secretary of State for the Home Department [2014] EWCA Civ 402 settled the question of whether the new human rights rules introduced on 9 July 2012 apply to applications made before that date: they do not. Specifically,...
I was recently reviewing the long residence policy for an informal advice and noticed that since I last looked at it (admittedly a little while now) it has been substantially liberalised in respect of those who have gaps in their lawful residence. This might not be news to everyone else,...
Two Statements of Changes to bring to your attention, HC1038 and HC1039. On Monday 1 April 2013, HC1038 came into effect and can be viewed here. Far weightier are the changes contained in HC1039 which will be brought into force on Saturday 6 April 2013 HC1039. These can be viewed...
Yes another Statement of Changes – HC 565 – has been laid and (hold your breath), most of it comes into force… today! I am grateful to Alison Harvey at ILPA, whose hard-work is truly immeasurable: an e-mail was sent out at 11pm last night alerting members to this following...
As the second in a series of blog posts on the radical new July 2012 immigration rules we turn now to long residence requirements. Transitional Provisions Applications for indefinite leave to remain made under Paragraph 276B(i)(a) of the Immigration Rules which relate to the 10 years continuous lawful leave in...
It looks like the 14 year rule may be for the chop. See this question and answer from Prime Ministers Questions yesterday: Mr Hollobone: … Under rules introduced in 2003, illegal migrants who manage to avoid the authorities for 14 years can apply for permanent stay, have full access to...
