All Articles: absences
When is a month not a month?
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?) [202 ...25th March 2021
Lengthy absences from the UK can put EU settled status at risk
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 s ...2nd March 2021
The pathway to British citizenship for European nationals in the UK
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 Brit ...18th February 2021
How do Covid-related absences from the UK affect EU settled status?
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 ...18th December 2020
The 180-day absence rule doesn’t apply to people with a spouse or partner visa
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 explor ...4th June 2020
Can Meghan Markle still get British citizenship if she and Prince Harry move abroad?
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 roy ...13th January 2020
Cambridge academic falls victim to “long residence” rules on excess absences
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 ...11th November 2019
The meaning of “residence” for indefinite leave to remain applications
In the case of R (Nesiama & Ors) v Secretary of State for the Home Department  EWCA Civ 1369, the Court of Appeal found that “residence” in the UK means “physical presence”, such that continuous residence in an application for indefi ...27th June 2018
University strikes: the implications for Tier 2 and 5 sponsorship
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 ...22nd February 2018
Big changes to continuous residence rule for ILR applicants
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 a ...8th January 2018