Visit visas can count towards ten years’ long residence
When it rains, it pours, and it has been pouring ten-year long residence cases. Here’s what we learned in just the last year: The difference between “book-ended” and “open-ended” overstaying (and that “book-ended ...21st July 2021
Sponsor changing job is not a reason to refuse a spouse visa
If you meet the financial requirements of Appendix FM at the date of application but your sponsor then leaves their job, do you still qualify for a spouse visa? Yes, the Upper Tribunal found in Begum (employment income; Rules/Article 8)  UKUT 11 ...20th May 2021
When does having a partner disqualify you from keeping a parent visa?
The Upper Tribunal in R (Waleed Ahmad Khattak) v Secretary of State for the Home Department (“eligible to apply”- LTR – “partner”)  UKUT 63 (IAC) has provided helpful clarification on when having a partner can disqualify someone fr ...19th March 2021
People with EU pre-settled status can sponsor family members under Appendix FM
Since 31 December 2020, the list of people who can sponsor a family member under Appendix FM to the Immigration Rules has included those who are “in the UK with limited leave under Appendix EU, in accordance with paragraph GEN 1.3(d)”. As the name ...17th February 2021
How new visa rules on invalidity will create more overstayers
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 an invalid application doesn’t extend your permissi ...23rd December 2020
Briefing: what is the English language requirement?
The English language requirement can be generously viewed as the Home Office’s response to the biblical Tower of Babel story: society is undermined by its people’s inability to speak the same language. But as anyone who has ever had the misfortune ...1st December 2020
How to make complaints against the Home Office
Bill Gates once said that your most unhappy customers are your greatest source of learning. If the same applies to the Home Office staff who have the unenviable job of fielding complaints about their colleagues from irate migrants and their lawyers, t ...30th November 2020
New, improved English language requirements for immigration applications
The joy of working in immigration law is writing a 4,000 word briefing on the English language requirement, only to see a new provider added to the list three days after it is published, before an entirely new English language section of the Immigrati ...23rd October 2020
Easier access to benefits for family members of people from Northern Ireland
People from Northern Ireland will soon be able to sponsor non-European family members under the light-touch EU Settlement Scheme. The government has recently passed a separate but related measure: the Social Security (Income-Related Benefits) (Persons ...4th August 2020
Briefing: can EU citizens with pre-settled status claim Universal Credit?
It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in ...28th July 2020
10 of the most absurd things ever to happen to immigration lawyers
The sheer surrealism of an immigration lawyer’s job can perhaps only truly be understood by MC Escher’s architect or Salvador Dali’s landscape designer: you do your best to navigate the impossible, but you can’t help being occasionally hi ...29th May 2020
The Home Office Dictionary
By Alex Piletska and John Vassiliou Welcome to your first day as an Administrative Officer, the most junior civil service grade. We’re sure you will fit right in. To help you get to grips with all the technical mumbo-jumbo that can get in the way of ...7th May 2020
High Court blow for EU citizens with pre-settled status trying to claim Universal Credit
The High Court has rejected an argument that the regulations making it difficult for Europeans with pre-settled status to access most public funds are discriminatory on the ground of nationality. The case is Fratila and Tanase v SSWP  EWHC 998 ( ...30th April 2020
Briefing: what is leave outside the Rules?
Anyone whose life consists of daily references to the Immigration Rules will tell you that the experience can feel a lot like deep ocean exploration in the Mariana Trench: despite constant research, you will still make new discoveries, even when you t ...27th April 2020
Home Office can refuse settlement to those on long-term Discretionary Leave
Where policy guidance says that indefinite leave to remain (ILR) should “normally” be granted after six years of Discretionary Leave, can the Home Office ever depart from this policy? The Upper Tribunal judgment in R (Ellis) v Secretary of ...20th March 2020
Can spouses of British citizens naturalise after just three years’ residence in the UK?
For those forced to make successive, increasingly-expensive applications just to remain in the country that they have made their home, naturalising as a British citizen is often the final rung of a very tall ladder. Like all ladders, the key to succes ...11th February 2020