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British by descent: when the child of a British citizen is not themselves British

A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. It is always difficult to comment on news stories without knowing the full facts but it is certai ...

15th October 2019 By

Split human rights court suggests lower threshold for resisting removal on medical grounds

In Savran v Denmark (application no. 57467/15) the European Court of Human Rights has reinforced the importance, in Article 3 medical treatment cases, of the obligation on governments to obtain assurances where there is any doubt as to the impact of r ...

15th October 2019 By

Home Office comes out fighting in new guidance on false representations

The Home Office has issued new policy guidance on when it will refuse applications on the grounds of deception or dishonesty, i.e. where an applicant has made a false representation. The guidance follows a serious defeat in the Court of Appeal earlie ...

14th October 2019 By

Job ads: immigration consultant and immigration assistant, BIC

Breytenbachs Immigration Consultants Ltd, based in London (EC), have two positions available: one for an immigration consultant and one for an immigration assistant. OISC Level 2 Immigration Consultant * London EC We are inviting OISC registered consu ...

14th October 2019 By

Briefing: UK immigration law and the British Crown Dependencies

Are you applying to stay in the Isle of Man, Jersey or Guernsey? Immigration professionals often come across this question at the submission stage of various UK visa applications. Invariably we check “no” and carry on.  But you might, on occasion ...

11th October 2019 By

Immigration update podcast, episode 68

Welcome to episode 68 of the Free Movement immigration update podcast. We’re continuing our review of the summer, with developments to mention in areas as diverse as asylum, litigation costs, citizenship deprivation and human trafficking. WeR ...

10th October 2019 By

Disclosure of documents from family court proceedings

The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated m ...

9th October 2019 By

Court of Appeal cheatsheet on human rights in immigration cases

In GM (Sri Lanka) v Secretary of State for the Home Department [2019] EWCA Civ 1630, handed down on Friday, the Court of Appeal provides a helpful summary of where we currently stand with private and family life cases under Article 8 of the European C ...

8th October 2019 By

What legal rights will EU citizens have after a no-deal Brexit?

As the outcome of the latest Brexit negotiations are still uncertain — and with 31 October less than one month away – the latest research update from the Public Law Project (PLP) shows that EU citizens would still lack statutory protection for the ...

8th October 2019 By

Why can’t my children join me in the UK?

Earlier this week, the Guardian published the story of Amber Murrey, a US academic who got a job at Oxford as an associate geography professor, but whose two daughters, aged 4 and 9, were refused visas to join her in the UK. The story explains that Ms ...

4th October 2019 By

Book review: The Windrush Betrayal by Amelia Gentleman

Amelia Gentleman will be familiar to Free Movement readers as the Guardian journalist who exposed what has become known as the Windrush scandal. Her account of what happened, how the scandal developed and why the Windrush generation experienced the pr ...

3rd October 2019 By

CJEU: Child self-sufficient if supported by parent working without work permit

The Court of Justice of the European Union has found that a child is self-sufficient in EU law even if supported only by the earnings of a parent who is working without permission to do so. The case is C‑93/18 Bajratari. The case involved an Albania ...

2nd October 2019 By
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