Updates, commentary and advice on immigration and asylum law
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Court of Appeal: a false document is one thing, deception another

In Chanda v Secretary of State for the Home Department [2018] EWCA Civ 2424 the Court of Appeal grappled with paragraph 322(1A) of the Immigration Rules. The court looked briefly at the considerations that arise out of a false document and a finding o ...

6th November 2018 By

Exceptional circumstances in a spouse or partner visa application under Appendix FM

In recent posts we have looked at the requirements to be satisfied by a British or settled person who wishes to bring their spouse or partner into the UK under Appendix FM of the Immigration Rules. But what can be done if someone is unable to meet the ...

5th November 2018 By

Brexit: what was the right to work checks debacle really about?

Having been an immigration solicitor for around 20 years, I’m used to pretty chaotic weeks. The past week has been one of the most frustrating following the immigration minister’s surprisingly unpolished performance in front of the Home Affairs Co ...

3rd November 2018 By

Five things the Daily Mail got wrong about immigration appeals

The toxic wasteland of the Daily Mail’s back catalogue on the topic of immigration needs no introduction. It is perhaps no great surprise that, asked to spend some time at Taylor House immigration tribunal recently, the pithy headline for Mail r ...

2nd November 2018 By

Briefing: the rules on returning residents with indefinite leave to remain (ILR)

Indefinite leave to remain in the UK is a type of immigration status that means a person can live and work in the UK for as long as they like, with no further need to apply for a visa extension. Occasionally, though, people with ILR are refused entry ...

1st November 2018 By

Immigration minister throws settled status of EU citizens into confusion

Mass confusion following the immigration minister’s evidence (full transcript here) to the Home Affairs committee yesterday: this was a terrible appearance by Caroline Nokes @CommonsHomeAffs yesterday. Sajid Javid needs to go back as a matter o ...

31st October 2018 By

How easy is it to buy British citizenship?

To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by investment has emerged over the last few decades and de ...

31st October 2018 By

Courts foil Home Office attempt to hamstring Surinder Singh rights

The Court of Appeal in Secretary of State for the Home Department v Christy [2018] EWCA Civ 2378 has comprehensively rejected an argument by the Home Office seeking to limit the obligation to consider “Surinder Singh” applications by exte ...

30th October 2018 By

Only 1,700 people recognised by Home Office as Zambrano carers since 2012

Figures obtained by Free Movement show that fewer than two thousand non-EU carers rely on EU law for their right to live in the UK. The relatively small number of people relying on these “derived rights of residence” raises questions about ...

29th October 2018 By

Comment: Home Secretary’s DNA testing apology is meaningless if he can’t get his department under control

The Home Secretary has published the results of a review into DNA testing at the Home Office, apologising to migrants who were told that genetic testing was compulsory for certain family visas. Sajid Javid also announced a potentially wide-ranging rev ...

26th October 2018 By

Failure to carry out proper medical assessment makes detention unlawful

This case is an unlawful detention claim based on shocking failures by the Home Office to comply with rules on how victims of torture and trafficking should be treated. In R (SW) v Secretary of State for the Home Department [2018] EWHC 2684 (Admin), t ...

25th October 2018 By

Supreme Court: bad behaviour by parent irrelevant to best interests of children

The Supreme Court has today handed down judgment in four linked cases all concerning the best interests of children who themselves face removal from the UK or whose parent faces removal from the UK. The case is likely to be referred to as KO (Nigeria) ...

24th October 2018 By
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