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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 experience and the UK may […]
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 […]
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 […]
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 […]
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 […]
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. […]
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.; […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 a new Immigration Rule was […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
