Yemen-born Somalis in High Court fight for British Overseas Citizenship

Despite our remarks in previous blogs about the useless nature of British Overseas Citizen status, a series of judgments handed down by the High Court this summer demonstrate that this unusual version of British nationality is sufficiently valuable to ...

5th September 2018 By

What happens if you mistakenly apply for British citizenship instead of indefinite leave to remain?

What happens when an American graduate, about to become eligible for indefinite leave to remain having lived lawfully in the UK for almost a decade, incorrectly thinks that he is eligible to apply for British citizenship and applies for that instead? ...

17th August 2018 By

Employment tribunal bites off more than it can chew in right to work case

Afzal v East London Pizza Ltd (t/a Dominos Pizza) (Rev 1) [2018] UKEAT 0265_17_1304 is a decision of the Employment Appeal Tribunal. It touches on the vexed issue of an employee continuing to work while awaiting a decision from the Home Office on an ...

13th July 2018 By

Can a British Overseas Citizen be stateless?

In Teh v Secretary of State for the Home Department [2018] EWHC 1586 (Admin) the High Court has found that a British Overseas Citizen (BOC) can be stateless under the Immigration Rules if he or she has no other nationality. This is an interesting and ...

6th July 2018 By

How the Home Office used the NHS to refuse my client a visa

In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500 ...

4th June 2018 By

Challenging good character refusals in British citizenship applications

Every few years another “good character” nationality case makes it to court. Usually they arise in the context of adults applying for naturalisation as British citizens at the Home Secretary’s discretion under section 6 of the British Nationali ...

15th March 2018 By

Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

The Supreme Court has opened up British citizenship by double descent to all children of British women born between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered ...

8th February 2018 By

Returning from outside the UK to challenge deprivation of citizenship

What procedure should be followed when someone is deprived of British citizenship, at a time when he or she is abroad, to enable return to the UK to participate in a statutory appeal to the Special Immigration Appeals Commission (SIAC)? Should judicia ...

22nd January 2018 By

The Upper Tribunal’s costs appeal guidance has been overruled

Contrary to recent guidance from the Upper Tribunal, issued by former President McCloskey no less, an application to that tribunal for permission to appeal to the Court of Appeal against a costs order made in a judicial review should be subject to a & ...

17th January 2018 By

Resolving a “difference in views” between EU members over benefits

Where there is a “difference in views” between two European Union member states about which is required to pay a benefit to a claimant, EU law requires the state in which the claimant resides to make interim payments until the dispute is r ...

29th November 2017 By

Scottish judge: discrimination based on immigration status unlawful

There are a number of interesting findings in the Court of Session judgment, published today, in DN against Secretary of State for the Home Department [2017] CSOH 144. DN is a Ugandan child who applied for entry clearance to join her mother in the UK. ...

24th November 2017 By

FTT slapped down for ignoring Immigration Rules in deportation case

In Secretary of State for the Home Department v AM (Jamaica) [2017] EWCA Civ 1782 the Court of Appeal found that a First-tier Tribunal decision to allow a Jamaican man’s deportation appeal under Article 8 contained a material error of law and set ...

23rd November 2017 By