Out with the old, in with the new: Edgehill, Haleemudeen and now Singh

Where an application for leave to remain is made before 9 July 2012 but decided after that date, which Immigration Rules should apply to it? The answer, according to Court of Appeal in Singh v Secretary of State for the Home Department [2015] EWCA Civ 74, is the ‘old’ Rules, but only for decisions made […]

Meaning of “false” document and the difference between visiting and inspecting

In Begum (false documents and false statements) [2015] UKUT 00041 (IAC) we are educated by the tribunal as to the difference between a “visit” and an “inspection” and the blameless appellant is refused entry and perhaps banned from further entry for 10 years. Some might think the case just a little harsh. An professional inspector […]

LexisPSL analysis of most recent Immigration Rule changes

Free, excellent and detailed analysis, highly recommended reading. The change to the definition of overstaying and the new invalid application provisions are particularly important in general casework, the administrative review process is explained and there is detailed analysis of changes to a significant number of immigration categories, including visitors, business visitors, Tier 1, Tier 2, Tier […]

Visa denied

This should be made mandatory reading for all Home Office immigration employees. Apparently it was trending on Twitter in Kenya it has struck such a chord. UPDATE: Mr Biko has been offered a meeting at the British High Commission.

Conditional discharge is not a conviction. Duh.

Omenma (Conditional discharge – not a conviction of an offence) [2014] UKUT 314 (IAC) is an interesting case for two reasons. Firstly, the Home Office accepted that the decision was wrong and withdrew it. Nevertheless, because the case had reached the Upper Tribunal, the withdrawal of decision did not automatically deprive the Upper Tribunal of jurisdiction, […]

Statement of Changes HC 532 analysis

I have put together a detailed run through of all the major changes wrought by Statement of Changes HC 532. You can read my analysis here if you are a Free Movement Member. There are some significant changes to Appendix FM, the private life, deportation and human rights rules and to the Entrepreneur requirements. You […]

Anniversary of new immigration rules

Yesterday was the two year anniversary of the harsh new immigration rules introduced on 9 July 2012. Tomorrow comes the Court of Appeal decision in the challenge to the spouse minimum income threshold. The effects of these rules are really beginning to bite: much misery has been caused by family separation. Spouses are kept apart […]