This article explains how to make a successful change of conditions application where a person needs to lift the no recourse to public funds restriction (NRPF) from their grant of leave. This article is written for applicants as well as for the lawyers and advisors who may be assisting in...
JOB TITLE: Immigration, Asylum & Protection Caseworker (Asylum Aid) LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Immigration Supervisor CONTRACT: Permanent, full time (37.5 hours) SALARY: £34,000 p.a. BENEFITS: 27 days holiday plus 4% matched pension contribution START DATE: April 2024 or as soon as possible thereafter ABOUT ASYLUM AID...
“This is a very dark day for many families who will be unable to meet the … new income requirement” commented Sonia on the day the Home Secretary announced that the minimum income requirement for partners under Appendix FM was going to be raised. Her view is shared by many immigration...
Salary: up to £35244Hours: Full Time or Part Time Considered Central England Law Centre (CELC) is looking for an Immigration Solicitor/Caseworker to join our friendly Immigration Team. The successful candidate will be compassionate, committed individual who enjoys working within a team and with clients to resolve all their interconnecting legal...
On 13 December 2023 the Home Office announced that the rates of additional payments made to pregnant asylum seekers and children under 4 years old under Regulation 10A of the Asylum Support Regulations 2000 would be increased in line with the Department of Health and Social Care’s ‘Healthy Start’ scheme....
The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds, set out at paragraph 6 of the immigration rules. A person who deliberately claims public funds despite such...
The Home Office has recently updated its guidance to clarify that leave under the Hong Kong BN(O) route cannot be cancelled because of relationship breakdown. Background Like most other immigration routes, a dependent spouse/ partner under the Hong Kong BN(O) route needs to show the Home Office that they are...
Immigration lawyers tend to have a good grasp of the definition of a refugee. We can confidently recite the “well-founded fear” definition at Article 1(A)(2) of the 1951 UN Convention on the Status of Refugees (the “Refugee Convention”) which, if met, can lead our clients to a grant of refugee status....
The Court of Appeal has dismissed the government’s appeal in Secretary of State for Work and Pensions v AT (AIRE Centre and Independent Monitoring Authority intervening) [2023] EWCA Civ 1307, meaning that people with pre settled status under Appendix EU are able to access universal credit in circumstances where they...
The House of Lords’ Secondary Legislation Scrutiny Committee has published a report criticising the Home Office on two fronts. This is in relation to Draft Immigration (Age Assessments) Regulations 2023 and linked Draft Justification Decision (Scientific Age Imaging) Regulations 2023, and the Immigration and Nationality (Fees) (Amendment) (No. 2) Regulations...
Diego Garcia did not have any sort of asylum system in place when it received its first asylum seekers in 2021. Following litigation, the British Indian Ocean Territory has for the first time put in place processes for protection claims to be lodged and decided there. What happens to people...
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...
There are certain general provisions which all applicants for family reunion must meet. The other requirements depend on the type of family member applying. Page contentsEligible sponsorsSpouses, civil partners and unmarried partnersProblem issues in spouse and partner casesChildren of the refugeeNot living an independent lifeWhere a child turns 18 before...
When someone is granted protection status in the UK, they may be able to sponsor family members to join them. This is often referred to as “refugee family reunion.” There are special rules that refugee family members benefit from which are set out in Appendix Family Reunion (Protection) of the Immigration Rules....
Immigration Advisor OISC 2 Based: Luton / hybrid Salary: £18,600 pro rata (£31,000 FTE) Hours: 22.5 hours per week Fixed term until 31-03-24 We are recruiting a part-time Immigration Advisor to deliver complex case work across our operational footprint which includes the east of England. You will have experience of...
There are some common and recurring concepts that immigration advisers will encounter across the in their practice and those taking the level 2 assessments should have a good understanding of them. We look at some of the key ones here. Page contentsThe Immigration RulesDependantsSponsorshipNo recourse to public fundsFinancial requirementAdequate maintenance...
JOB TITLE: Senior Immigration Caseworker (Statelessness) LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Statelessness Project Supervisor CONTRACT: Permanent, part-time (22.5 hours per week) (possibility of up to full time – 37.5 hours per week) SALARY: £34,000 p.a. (pro rata) BENEFITS: 27 days holiday (pro rata) plus 4% matched pension contribution START DATE: […]
...JOB TITLE: Billing Coordinator and Casework Assistant LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Immigration Supervisor CONTRACT: Full time (37.5 hours per week) SALARY: £27,000 p.a. BENEFITS: 27 days holiday (pro rata) plus 4% matched pension contribution START DATE: September 2023, subject to references BACKGROUND This is an exciting opportunity...
JOB TITLE: Statelessness Project Caseworker LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Statelessness Project Supervisor CONTRACT: Permanent, part-time (22.5 hours per week) (possibility of up to full time – 37.5 hours per week) SALARY: £34,000 p.a. (pro rata) BENEFITS: 27 days holiday (pro rata) plus 4% matched pension contribution START...
It has become fashionable for government ministers to refer to “bespoke” humanitarian schemes and such like, referring to programmes like those for Ukrainians and Hong Kongers. The illusory scheme for Afghans was once trumpeted as a “bespoke” scheme as well, but it has effectively been mothballed and some of those...
Today marks the 75th anniversary of the disembarking of the passengers on board the ship the HMT Empire Windrush at Tilbury docks on 22 June 1948. Even now, five years after the Windrush scandal broke, many well-informed and well-intentioned journalists, writers and policy-makers do not really grasp the true legal...
JOB TITLE: Children’s Asylum Solicitor/ Caseworker LOCATION: Asylum Aid Office (London) RESPONSIBLE TO: Immigration Supervisor CONTRACT: Permanent, full time (37.5 hours) – part-time working considered (minimum 22.5 hours per week) SALARY: £35,000 p.a. (pro rata if part time) BENEFITS: 27 days holiday plus 4% matched pension contribution START DATE: August 2023;...
The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not open to partners of Points Based System dependants, even if they have in fact suffered domestic abuse. The case is SWP v Secretary of State...
The High Court has rejected a challenge to the Secretary of State’s decision to move a group of Afghan families rescued from the Taliban in 2021 from one temporary hotel to another temporary hotel. R(HZ) v Secretary of State for the Home Department [2023] EWHC 660 (Admin) leaves open the...
STARTING SALARY: Specialist: £27,852 Salary scale – £27,852 to £34,723 (SCP 19 to 28). Starting salaries can be negotiated dependant on the applicant’s experience and qualifications Contract – 35 hours Duration – Permanent Job Share – Suitable Application deadline: 9:30 am 24 April 2023. Interview date: TBC week 1 May 2023 Benefits: 32 days’ annual […]
...On 15 February 2023, the High Court yet again found that the Secretary of State’s policy prohibiting migrants from accessing mainstream welfare benefits was unlawful. The policy, known as the no recourse to public funds (NRPF) condition, was the target of two judicial review claims brought on behalf of destitute...
The Financial Times is reporting today that “around 141,000” EU citizens had their digital status updated to “refused” last month. Their applications were previously refused by the Home Office but for some reason their online status had not been updated. Online status is used by employers, landlords, banks, the NHS,...
A person who lacks the requisite mental capacity to litigate in the tribunal or courts requires what is called a ‘litigation friend’ to conduct proceedings on their behalf. The role of a litigation friend is crucial in ensuring that individuals with mental health disabilities are able to participate effectively in...
The principle that every child has a right to a nationality is enshrined in international law. Article 7 of the UN Convention on the Rights of the Child provides: 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right...
The fall of Kabul in August 2021 prompted an emergency evacuation of around 15,000 people eligible for repatriation or relocation in the UK. Within weeks, amid intense criticism of the UK government’s mishandling of the situation and leadership failures surrounding the Afghanistan evacuation, Operation Warm Welcome was launched, to ensure...
The problems faced by pre-settled status holders who cannot show a qualifying right to reside when trying to access benefits have been dragging on for several years. Notwithstanding their lawful immigration status, the Department for Work and Pensions (DWP) Regulations treat them as a person not in the UK and...
The Home Office has finally responded to the Court of Justice of the European Union’s judgment in the case of VI v Her Majesty’s Revenue and Customs C-247/20, handed down on 10 March 2022, by updating its guidance on European Economic Area (EEA) national qualified persons. The update effectively concedes...
The Home Office has put in place some immigration concessions and special visa schemes in response to Russia’s full-scale invasion of Ukraine. This includes the very important Ukraine Family Scheme. The department’s “core plan” is to issue visas rather than formal refugee status to Ukrainian citizens, keeping them out of...
Article 1D of the Refugee Convention excludes people from refugee protection where they are in receipt, or are eligible to receive, another form of international protection from organs or agencies of the United Nations other than UNHCR. It states: This Convention shall not apply to persons who are at present...
The government has announced the details of its much-trailed policy of treating some refugees differently to others based on their mode of arrival in the United Kingdom. The Home Office refers to this as “differentiation” but the word “discrimination” is equally apposite. The changes are being made today because section 12...
The High Court has declared that Home Office policy on allowing migrants to have access to public funds is unlawful for failing to take account of the best interests of children, or of a previous judgment along similar lines. The case is R (AB & ors) v Secretary of State...
The government has published 205 pages worth of changes to the Immigration Rules. The changes are being phased in over the next few months, starting on 6 April 2022. Highlights include: Children who live in the UK for seven years can get immigration permission with settlement either immediately or after...
Eligibility for NHS treatment does count as Comprehensive Sickness Insurance, the Court of Justice of the European Union has ruled. The case is C‑247/20 VI v Her Majesty’s Revenue and Customs. Page contentsBackground: non-working EU citizens needed health insuranceWhy did it take so long to decide that the NHS counts...
I can do no better than adopt Tom Royston’s summary of R (DK) v Revenue and Customs [2022] EWCA Civ 120: in an important decision about the rights of refugees to financial support for children, the Court of Appeal in England and Wales has agreed with their colleagues in Scotland:...
The Supreme Court has dismissed a challenge to the level at which the government has set the fees for children to register as British citizens. The court held that the government has been authorised by Parliament to set the level of the fees as it chooses. Currently, the fee is...
