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 […]
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 […]
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, […]
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 […]
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 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 28 day grace period for […]
