How to apply for “settled status” and “temporary status”: a guessing game

On 8 December the British government reached an agreement with the EU which gives some more clarity about the status of EU nationals following Brexit. The agreement so far is limited to EU nationals who arrive in the UK before the “specified date” ...

5th January 2018 By

Supreme Court boost for people stripped of their British citizenship

A Supreme Court decision handed down today is good news for people who have had their British citizenship taken away because it was obtained under false pretences. The Home Office has accepted that in most cases, deprivation rather than nullity is the ...

21st December 2017 By

Court of Appeal says test in Zambrano cases remains compulsion not choice

In May this year, referring to the case of C-133/15 Chavez-Vilchez and Others v Netherlands, Colin wrote that the Court of Justice of the European Union has significantly extended Zambrano rights beyond those so far recognised by the Home Office ...

14th December 2017 By

Home Office EU deportation decision overturned for ignoring EU law

In R (Decker) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752, the Court of Appeal found that the Secretary of State must show her workings. She, and the immigration tribunals, must explicitly apply relevant tests set out ...

14th December 2017 By

New statement of changes to the Immigration Rules: HC309

A Statement of Changes in Immigration Rules HC309 was laid yesterday, 7 December 2017. This note does not aim at detailing all the changes, instead just highlighting the most significant ones. Except where otherwise indicated, these changes will come ...

8th December 2017 By

Failure to provide evidence of right to work not a fair reason to dismiss, says Employment Appeal Tribunal

Like (I suspect) many other practitioners, I often find myself speaking to a client’s employer to explain to them why my client has the right to work. The most typical example is where a client has submitted an application by post before the exp ...

4th December 2017 By

Domestic violence cases can attract a right of appeal, says High Court

Since April 2015, only very limited types of immigration case can be appealed. In the case of AT, R (On the Application Of) v Secretary of State for the Home Department [2017] EWHC 2589 (Admin), the High Court found that despite what the Immigration R ...

22nd November 2017 By

The Home Office continues to unlawfully impose curfews

Both R (Jollah) v Secretary of State for the Home Department (No. 2) [2017] EWHC 2821 (Admin) and R (Lupepe) v SSHD [2017] EWHC 2690 (Admin) were heard on 11, 12 and 13 October 2017 by Mr Justice Lewis. It makes sense to look at them together becau ...

22nd November 2017 By

Worker Registration Scheme extension unlawful, Court of Appeal confirms

In a decision of 7 November 2017, the Court of Appeal unanimously found, yet again, that the extension of the Worker Registration Scheme from 1 May 2009 to 30 April 2011 was unlawful and incompatible with EU law. The case is Secretary of State for Wor ...

9th November 2017 By

The First-tier Tribunal can re-open complaints determined by the OISC

The case of Visa Joy Ltd will be of interest to immigration advisers regulated by the Office of the Immigration Services Commissioner (OISC). The OISC makes sure that immigration advisers meet certain standards and are “fit and competent” ...

24th October 2017 By

Self-sufficiency, health insurance and welfare benefits: the case of AMS

In AMS v SSWP (PC) (final decision) [2017] UKUT 381 (AAC), Upper Tribunal Judge Ward dismissed a Dutch widow’s appeal against the refusal of her claim for state pension credit on the basis that she had no right to reside in the UK. Although a d ...

17th October 2017 By

Immigration and nationality law following surrogacy agreements

A surrogacy arrangement is, broadly speaking, where a woman carries and delivers a child for another couple or person. Under section 2(1) of the Surrogacy Arrangements Act 1985, it is a criminal offence for a person on a commercial basis to initiate ...

11th October 2017 By

Hospital orders and deportation

In Secretary of State for the Home Department v KE (Nigeria) [2017] EWCA Civ 382, the Court of Appeal tackled the narrow, but important, issue as to whether a non-British citizen who is convicted and sentenced to a hospital order with restrictions ...

4th October 2017 By

Permanent residence through incapacity to work: no UK derogation

The claimant in SSWP v NZ (ESA) [2017] UKUT 0360 (AAC) is a Polish national who worked in a chip shop. On 4 September 2017, the Upper Tribunal released a third interim decision in the case, relating to a very specific issue: had the UK derogated ...

3rd October 2017 By

Fee waiver policy: who qualifies and what does the Home Office policy say?

Fees for immigration applications continue to increase every year. Most applications for leave to remain submitted from the UK (other than under the Point Based System) cost £993. In addition, applicants may need to pay an Immigration Health Surcharg ...

4th September 2017 By

The Theis case: immigration and nationality law for adopted children

The story of Patrick Thies, a US NHS surgeon who had to return to the US to apply for a new visa for his two adopted children while his British wife and biological son remained in the UK, made the news a couple of weeks ago. Immigration and nationalit ...

21st August 2017 By

A genuine couple can enter in a marriage of convenience, says High Court

A couple may enter into a “marriage of convenience”, even if they are in a genuine relationship. This was, in summary, the finding of the High Court in the case of Molina, R (On the Application Of) v The Secretary of State for the Home Department ...

16th August 2017 By

MAC to examine the role EU nationals play in the UK economy and society

Yesterday, 27 July 2017, the Home Secretary commissioned the Migration Advisory Committee to examine the role EU nationals play in the UK economy and society. Amber Rudd has commissioned the Migration Advisory Committee (MAC) to examine the British ...

28th July 2017 By

Supreme Court confirms that burden for proving marriage of convenience rests with Home Office

The Supreme Court has handed down its judgement in the case of Sadovska and another (Appellants) v Secretary of State for the Home Department (Respondent) (Scotland) [2017] UKSC 54. In unanimously allowing the appeal, the Supreme Court ruled that the ...

26th July 2017 By

When wrongly denied a right of appeal, the solution is to appeal

The nature of applications which attract a right of appeal have been greatly restricted by the Immigration Act 2014. In summary, only refused human rights applications, or applications for protection, are appealable. All other applications can be chal ...

18th July 2017 By

£48,000 damages awarded to torture survivor for injuries suffered during deportation attempt

Following a seven-day hearing in the High Court, Mr Felix Wamala, a Ugandan national, was awarded £48,000 in damages for the actions of private security guards contracted by the Home Office in seeking to remove him from the UK. This is the case of W ...

17th July 2017 By

Upper Tribunal rules it unsafe to return anyone to Libya

The violence in Libya has reached such a high level that substantial grounds are shown for believing that a returning civilian would, solely on account of his presence on the territory of that country or region, face a real risk of being subject to a ...

3rd July 2017 By

Self-employed workers do not have the same rights as employees under EU law, confirms the Court of Appeal

In the case of Hrabkova v Secretary of State for Work and Pension [2017] EWCA Civ 794, the Court of Appeal confirmed once again that self-employed individuals do not have the same rights as workers under EU law. The specific question in this case was ...

2nd July 2017 By

Indefinite detention does not breach ECHR says European Court of Human Rights

Arben Draga v United Kingdom (Application no. 33341/13) Unlike most other European countries, there is no time limit on immigration detention in the UK. In addition, the law does not provide for an automatic judicial review of the lawfulness of det ...

30th May 2017 By

Coruscating criticism by President of Home Office behaviour in refugee family reunion case

To summarise, figuratively the Secretary of State does not have a leg upon which to stand either factually or legally. These were the words used by Mr Justice McCloskey, president of the Upper Tribunal, in the judicial review case of Mohamed Al-Anizy. ...

19th May 2017 By

Home Office application to delay Calais Jungle child asylum case refused by tribunal

In an oral decision in the case of R (on the application of AO & AM) v Secretary of State for the Home Department (stay of proceedings – principles) [2017] UKUT 168 (IAC) given on 28 March 2017, the Upper Tribunal refused the Secretary of St ...

3rd May 2017 By

General grounds for refusal: contriving to frustrate the intention of the rules

Sometimes a migrant here in the UK unlawfully will want to apply for immigration status. Lawyers and the Home Office often call this “regularising” their status, because the person becomes a “regular” migrant within the rules ...

14th March 2017 By

General grounds for refusal: understanding re-entry bans for past breaches of immigration rules

The Home Office can impose entry bans to individuals who have previously breached immigration law or used deception in their applications for leave. Bans can last 1 year, 2 years, 5 years or 10 years. Generally speaking, and except for some minor exc ...

10th March 2017 By

General grounds for refusal: owing a debt to the NHS

On 6 February 2017, the government announced that new regulations will come into force in April 2017, requiring all hospitals to check whether patients are eligible for free NHS treatment and, if not, to charge them upfront for non-urgent, planned car ...

28th February 2017 By