How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic
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
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the
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 Asif (Paragraph 276B, disregard, previous overstaying) Pakistan [2021] UKUT 96 (IAC) the Upper Tribunal has confirmed that previously disregarded overstaying between periods of leave
The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker
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
As we’ve highlighted in recent blog posts, the Immigration Rules aggressively punish overstaying, to the point where accidentally staying beyond the expiry date of your
Following on from my McGill & Co. colleague Darren’s recent post on the consequences of overstaying, I thought I would illustrate his point with a
I love deadlines. I love the whooshing noise they make as they go by. Douglas Adams, The Salmon of Doubt Law is frequently a question
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
A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history
Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible
What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade,
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
How broadly does the decision in R (Afzal) v Secretary of State for the Home Department [2021] EWCA Civ 1909 protect applicants from the catastrophic consequences of becoming an overstayer after making an invalid application to extend immigration permission? As a reminder, the Court of Appeal in Afzal held that...
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...
When is an immigration application made “in time”? Does it need to be submitted before the expiry of the applicant’s visa? Or is an application made after the visa expires, but within the grace period permitted under the Immigration Rules, also “in time”? This is the issue considered by the...
The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadline for EU residents and their...
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 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...
The grace period for overstayers in paragraph 39E of the Immigration Rules cannot be relied on twice. This, in short, is the conclusion of the Court of Appeal in Kalsi & Ors v Secretary of State for the Home Department [2021] EWCA Civ 184. Exception for overstayers The rules for...
The Home Office recently introduced a set of new validity requirements for visa applications under the Points Based Immigration System, such as the Skilled Worker route. This is significant because an invalid application doesn’t extend your permission to be in the UK while it is being considered (what’s called “section...
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...
As we’ve highlighted in recent blog posts, the Immigration Rules aggressively punish overstaying, to the point where accidentally staying beyond the expiry date of your visa even by just one day will basically ruin your life. “So what?”, you might say. “Overstayers are criminals and should be punished accordingly”. Clearly...
Following on from my McGill & Co. colleague Darren’s recent post on the consequences of overstaying, I thought I would illustrate his point with a few case studies. The following examples are all derived from real cases that I have recently dealt with. Names and other identifying details have been...
I love deadlines. I love the whooshing noise they make as they go by. Douglas Adams, The Salmon of Doubt Law is frequently a question of deadlines. Points fixed in a calendar, some optimistically scribbled in, some tattooed on a limb. If you are lucky, the deadline is malleable. People...
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...
A recent change in the Home Office’s good character policy for citizenship applications is set to have a significant impact on people with a history of overstaying. The department expressly states for the first time that any overstaying in the last ten years will see an application for British citizenship...
Reading the case of R (Prathipati) v Secretary of State for the Home Department (discretion – exceptional circumstances) [2018] UKUT 427 (IAC), it is impossible not to feel deep admiration for Ms Prathipati. The 28-year-old Indian citizen appeared without a lawyer before Mr Justice Kerr in her application for judicial...
What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade, incorrectly thinks that he is eligible to apply for British citizenship and applies for that instead? You might think that, for example, the Home Office...
