Absences from the United Kingdom — time spent outside the UK, basically — can have an impact on whether a person qualifies for full settled status under the EU settlement scheme. If you spend too long outside the country, you may lose your eligibility for settled status. This rule has...
Many UK immigration categories impose a requirement that the visa holder must not be outside the UK for more than 180 days in any 12-month period — that is, if the person wants to apply for indefinite leave to remain. Joanna and Nath have explored the 180-day absence rule, and...
For most people, the EU Settlement Scheme has largely lived up to its government billing as generous and straightforward, but confusion over permitted absences is likely to cause some European residents trouble down the line. People with pre-settled status, in particular, need to be aware of the absence rules. If...
On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens and their family members who have settled or pre-settled status under the EU Settlement Scheme, or those who are eligible but haven’t applied yet. That...
Time is definitely a relative concept, a new Upper Tribunal decision suggests, examining the issue of what constitutes a “month” for the purposes of the Immigration Rules on long residence. The case of Chang (paragraph 276A(a)(v); 18 months?) [2021] UKUT 65 (IAC) involved an application under the ten-year lawful residence...
Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as British — but there are other requirements which can...
The Duke and Duchess of Sussex, Prince Harry and Meghan Markle, have dominated recent news headlines with their announcement that they intend to “balance” their time between North America and the UK, reducing the time spent on official royal engagements. This change of direction raises many questions, of clearly which...
A post by a young Cambridge academic refused indefinite leave to remain after spending a year abroad has triggered a viral Twitter outpouring of indignation and support – but did the Home Office get it wrong? Today I’ve been in the UK for 10 years, 1 month, 2 weeks, 3...
In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefinite leave to remain may be broken by too...
Thousands of staff at more than 60 universities around the country have gone on strike, starting today. Some members of the University College Union (UCU), which has called the strike, will be non-EU nationals sponsored under the relevant university’s sponsor licence. Here, I consider the Home Office’s position on whether...
Hidden within December’s statement of changes (HC309) to the Immigration Rules are new provisions that will affect how the Home Office assesses continuous residence for indefinite leave to remain (ILR) applications. Certain visa categories require an applicant to show they have been “continually resident” in the UK over a five...