All Articles: Immigration rules

Settlement refusal overturned after failure to consider mental health evidence

Should the Home Office read all of the supporting evidence sent in with an application? The High Court provided a predictable answer in the case of R (Gayle) v SSHD [2017] EWHC 3385 (Admin), which considered the tragic personal circumstances of the c ...

16th January 2018 By

Internal relocation may not be “unduly harsh” on criminals

Last month the Court of Appeal considered the rules governing deportation of foreign criminals. The case is Secretary of State for the Home Department v SC (Jamaica) [2017] EWCA Civ 2112, which concerned a Jamaican national originally granted asylum ...

9th January 2018 By

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 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

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

Home Secretary Amber Rudd announces review of Immigration Rules

The Home Secretary, Amber Rudd, has announced that the Law Commission will conduct a review of the Immigration Rules. The review came to light in Rudd’s oral evidence to the Home Affairs Select Committee on 17 October but Law Commission staff ha ...

26th October 2017 By

Human rights, long residence and the integration test in the Court of Appeal

AS v SSHD [2017] EWCA 1284 Practitioners commonly rely on the “integration test” in the Immigration Rules to resist an individual’s removal on human rights grounds. The current rules can in some circumstances require a consideration of wheth ...

14th 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

UPDATED: Home Office makes changes to Appendix FM Minimum Income Rule following MM case

On 20 July 2017 the Home Office published changes to the Immigration Rules intended to give effect to findings made by the Supreme Court in MM (Lebanon) & Others v the Secretary for the Home Department [2017] UKSC 10 on the Minimum Income Requirem ...

10th August 2017 By

How complex are the UK immigration rules and is this a problem?

One of the fundamental principles of the rule of law is that the law “must be accessible and so far as possible intelligible, clear and predictable” (Tom Bingham, The Rule of Law, 2010). The reasons for this should be self evident. Just as it is ...

1st August 2017 By

Overstaying and applying for further leave: end of the 28 day grace period

A new set of requirements for overstayers who apply for leave to enter or remain in the UK was introduced late last year. In short, the 28 day grace period for overstayers was abolished and replaced with a very limited 14 day limit, but only where a ...

6th February 2017 By

Statement of Changes to the Immigration Rules HC667

Statement of Changes to the Immigration Rules HC667 was laid yesterday, 3 November 2016. The document weighs in at 90 pages but many of the changes are to language rather than effect. The more significant changes are to Tier 2 skilled workers, for who ...

4th November 2016 By

Home Office concedes its new rules risk abuse of overseas domestic workers

Just a quick catch up post to alert readers to the Government’s response to the damning report by James Ewins, published on 17 December 2015, and developments since then. The review concluded that the Coalition Government’s amendments to t ...

17th March 2016 By

Statement of changes to the Immigration Rules: HC877

A new set of Immigration Rules has been laid in Statement of Changes HC877. The changes take effect on 6 April 2016. You can access the explanatory notes or the full rules or both together. There are a LOT of changes. Stand out features include: Thos ...

11th March 2016 By

Refugee family reunion: a user’s guide

This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are straightforward and simple for children and s ...

11th January 2016 By

Presidential Guidance on the Boomerang of Proof

First of all, the official headnote to Muhandiramge (section S-LTR.1.7) [2015] UKUT 675 (IAC) (20 November 2015): Where an application for leave to remain in the United Kingdom is refused under Section S-LTR.1.7 of Appendix FM of the Immigration Rules ...

7th January 2016 By

Statement of changes to the Immigration Rules HC535: analysis

Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being intro ...

11th November 2015 By

Statement of Changes to the Immigration Rules HC 437

Statement of Changes to the Immigration Rules HC 437 has been published. Most of the changes are fairly minor or technical but not all. From the explanatory notes: The purpose of these changes is to: implement section 53(1) of the Modern Slavery Act ...

17th September 2015 By

Statement of Changes in Immigration Rules HC 297

Statement of Changes in Immigration Rules HC 297 was published today, 13 July 2015, having been trailed in The Daily Mail over the weekend. It includes some significant changes, particularly for international students. I’m technically on holida ...

13th July 2015 By

High Court quashes refusal of settlement to highly skilled migrant family

From the main Garden Court Chambers website regarding the case of Granovski & Ors v Secretary of State for the Home Department [2015] EWHC 1478 (Admin): The High Court today handed down judgment on a judicial review challenging the Secretary of S ...

9th June 2015 By

New immigration rules for visitors to the United Kingdom

A new set of rules for visitors to the United Kingdom has been introduced taking effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The new rules are set o ...

6th May 2015 By

Court of Appeal condemns complexity of Points Based System

The Court of Appeal condemns the complexity of the Points Based System in the case of Hossain & Ors v Secretary of State for the Home Department [2015] EWCA Civ 207. Lord Justice Beatson says at paragraph 30: The detail, the number of documents th ...

16th March 2015 By

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 ...

23rd February 2015 By

Human rights, private life, paragraph 276ADE, suitability and ties

Bossadi (paragraph 276ADE; suitability; ties) [2015] UKUT 00042 (IAC) is very short but somewhat less than sweet. A panel of the tribunal tries to row back from the earlier case of Ogundimu (Article 8 – new rules) Nigeria [2013] UKUT 60 (IAC) an ...

9th February 2015 By

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 ...

3rd February 2015 By