This month Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration’s report on asylum casework, the recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases and how to avoid being on...
In the March roundup, Sonia and Colin discuss the latest with Albanian cases as uncovered in the Independent Chief Inspector of Borders and Immigration’s report on asylum casework. We cover articles looking at recent changes to the Ukraine schemes, as well as a reminder of the existence of Hamid cases...
The latest instalment of the Akinsanya litigation, which looks at the entitlement of Zambrano carers to leave under Appendix EU has been decided by the High Court in Akinsanya & Anor, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 469 (Admin). Both appellants...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Page contentsMandatory refusals for criminality/bad characterSerious harmPersistent offendersVisitorsAppendix FMOffences committed outside the UKExceptions to mandatory bansConviction for an offence not recognised in the UKDiscretionary grounds for refusalCharacter, conduct...
The grounds for refusal at Part 9 of the Immigration Rules enable, or even require, an immigration application which otherwise meets the requirements to be refused. In 2020, Part 9 of the Rules underwent a significant overhaul. Many of the old grounds for refusal have new names, but the old case law...
Criminal convictions and other signs of poor character can, unsurprisingly, negatively affect applications for leave to enter or remain in the UK. Those caught out by these rules over the years include former boxer Mike Tyson, Duane “Dog the Bounty Hunter” Chapman, Tyler, the Creator and perhaps OJ Simpson. By...
This month Colin and Sonia cover two statements of changes to the Immigration Rules, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a number of cases, including one from the Supreme Court on Palestinian refugees. If you...
We are a bit behind the times this month, catching up from the summer. This time Sonia and I cover not one but two statements of changes, the Illegal Migration Act, asylum withdrawals, the massive increase in fees, several legal updates on the rights of EU citizens and a load...
A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme. Many of the changes are minor technical or drafting changes. It is...
Following Brexit, almost all EU/EEA nationals lost their permission to be in the UK as free movement ended — unless they secured themselves a new immigration status. This included those who had previously been issued a permanent residence document under the “EEA Regulations”. The EU Settlement Scheme was set up...
In a highly technical decision, Osunneye (Zambrano, transitional appeal rights) Nigeria [2023] UKUT 162 (IAC), the Upper Tribunal has concluded that Zambrano appeals may proceed notwithstanding the various Brexit regulations. The official headnote: A decision to the contrary would have come as something of a surprise as it was surely...
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...
A new statement of changes to the immigration rules has now been published. The explanatory memorandum to the statement can be found here. The most significant changes are the addition of the Electronic Travel Authorisation scheme, and the introduction of the Innovator Founder route on 13 April 2023. The minimum...
New guidance has been published by the Home Office confirming how consideration will be given to whether an applicant to the EU Settlement Scheme is a person with a derivative right to reside. A derivative right to reside in the UK was confirmed by the Court of Justice of the...
Yes, although only in very limited circumstances. This was the conclusion of the Court of Appeal in Alam & Anor v Secretary of State for the Home Department [2023] EWCA Civ 30. For those who don’t know, the House of Lords held in Chikwamba v Secretary of State for the...
The Brexit fall out continues with the High Court finding in the case of Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) that the EU settlement scheme is unlawful. The scheme was set up by the British government to transition the lawful basis...
Appendix EU and Appendix EU (Family Permit) have both received some updates in the latest Statement of Changes to the Immigration Rules. The accompanying explanatory statement gives an overview of the changes that have been made. The changes come into force on 9 November 2022. A few of the definitions...
This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...
This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications, and conclude with Rwanda. The 29-minute podcast follows the running order...
Welcome to episode 102 of the Free Movement immigration update podcast. This month we start with elements of the Borders Act 2022 coming into force before moving on to Appendix Private Life and Appendix FM. We then review the latest case law on criminal deportation, touch briefly on Zambrano applications,...
Zambrano carers who already have permission to stay in the UK under the Immigration Rules cannot use the EU Settlement Scheme as a fast track to permanent residence, the Home Office has confirmed. The department announced today that it would not be changing the rules in this area, despite having...
In the case of Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767, the Court of Appeal has confirmed that Zambrano applications always require factual inquiries as to what would happen to the British dependant if their primary carer(s) indeed left the UK. In the case...
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...
In this month’s update we cover right to work checks, quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience, and finish on the hot topic of citizenship deprivation. The downloadable 26-minute podcast follows the running order below. Timestamps indicate when...
Welcome to episode 97 of the Free Movement immigration update podcast. This month we cover quite a few different asylum issues, a bit on visas for social care workers, EU rights, marriages of convenience and finishing on the hot topic of citizenship deprivation. If you would like to claim CPD...
Another in the rich vein of legacy EU law appeals lodged pre-Brexit. FE v HMRC (CHB) [2022] UKUT 4 (AAC) is about the right of Chen parents — the primary carers of self-sufficient EU citizen children — to claim benefits, in this case child benefit. The appellant FE is Nigerian....
The Court of Appeal has dismissed the government’s appeal against last year’s decision that the EU Settlement Scheme rules on Zambrano carers are unlawful. But the judgment in Akinsanya v Secretary of State for the Home Department [2022] EWCA Civ 37 leaves the situation for these carers — non-EU parents...
Residence check on application Once the automated residence check has been carried out the applicant will see one of three possible preliminary results on-screen: 1. “You’ll be considered for settled status.” The automated check confirms the applicant had been living in the UK for a continuous five-year period. If this...
In general, family members of UK citizens cannot apply to the EU Settlement Scheme. These relationships have nothing to do with the EU and are a matter for Appendix FM. But the EU Settlement Scheme allowed for a few exceptions. Page contentsQualifying British Citizen (Surinder Singh) casesLounes dual nationalsNorthern IrelandCarersEU...
Applications to the EU Settlement Scheme can be made inside or outside the UK. Applying involves entering some personal details via a Home Office smartphone app and then filling in an online form. There is help available for people who are unable to use the app or need help using...
Welcome to episode 93 of the Free Movement immigration update podcast, a week later than advertised. This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum,...
This month we start with changes to the Immigration Rules and other news around work and student visas, and then the latest on deprivation of citizenship. We review some new case law on asylum, talk about why the Home Office is now conceding so many appeals, before ending on EU...
In Velaj (EEA Regulations – interpretation; Reg 16(5); Zambrano) [2021] UKUT 235 (IAC) the Upper Tribunal looked at whether the Home Office accidentally liberalised the regulations on when the primary carer of a British child can be removed from the UK. The tribunal concluded that it did not. As a...
This update course covers June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. We’ll tackle that beast next month; in this edition, we’ve got a few points about the EU Settlement Scheme to cover; a couple of...
Welcome to episode 90 of the Free Movement immigration update podcast. We’re covering June 2021, which feels a little unreal given the Nationality and Borders Bill had landed shortly before we were due to record. But life goes on, and we’ve got a few points about the EU Settlement Scheme...
Most people applying to the EU Settlement Scheme do so entirely online. A minority cannot, including adults without a valid passport, young children with no ID at all and non-EU citizens who qualify for the scheme under various scenic routes (known to lawyers as Zambrano, Chen, Ibrahim/Teixeira and Surinder Singh)....
The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing so — but also some pitfalls and potential issues to...
On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules from applying. With the deadline to...
In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because they have permission to remain granted under...