All Articles: Immigration rules

New statement of changes to the Immigration Rules: HC 1919

A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. This requir ...

8th March 2019 By

Immigration Rules must be rewritten, Law Commission says

The Immigration Rules should be redrafted and restructured in order to cut down on complexity, the Law Commission says. Launching a consultation on Simplifying the Immigration Rules today, the influential law reform body proposes major revisions to & ...

21st January 2019 By

Children of single parents: the sole responsibility and exclusion undesirable tests

Where parents have already or are relocating to the United Kingdom and both parents will end up in the UK (or one parent will and the other is deceased) then the Immigration Rules permit them to bring their children. The main requirements are that the ...

3rd January 2019 By

New statement of changes to the Immigration Rules: HC 1779

A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term agricultural workers that was announced earlier this year, and to expand the domestic violence set ...

11th December 2018 By

Tier 1 (Entrepreneur) visas to be scrapped in Points Based System shake-up

We expected a full statement of changes to the Immigration Rules to be laid before Parliament yesterday but instead we got a statement about the statement. The immigration minister, Caroline Nokes, gave us a sneak preview of a range of tweaks to the r ...

7th December 2018 By

Comment: refugee families suffering domestic violence must get equal treatment

A v Secretary of State for the Home Department [2016] CSIH 38 is an important 2016 decision from the Court of Session in Scotland, the full impact of which has still to be felt. It concerns the Immigration Rules, as they apply to spouses of refugees ...

23rd November 2018 By

Immigration and nationality law for adopted children

Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross o ...

17th October 2018 By

New statement of changes to the Immigration Rules: HC 1534

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when they can write to applicants to ask for missing documents. (Whether ...

12th October 2018 By

Of course an online immigration application is valid, Court of Appeal says

R (Singh) v Secretary of State for the Home Department [2018] EWCA Civ 1669 is about how the transitional provisions in the Immigration Rules apply to online applications which must be supported with further evidence sent later by post. The appellant ...

7th August 2018 By

Ambiguous changes to entrepreneur visas show why the Immigration Rules need simplifying

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has summarised the various changes being introduced in a previous post. Althou ...

5th July 2018 By

Tribunal decides on Immigration Rules for overseas adoptions, rescues “feral” child

The case of TY (Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC) involves the complex interplay between the Immigration Rules and international adoption law. It is a must-read for anyone involved in applications or ...

28th June 2018 By

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 [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 indefi ...

27th June 2018 By

How to apply for a visa as the parent of a child in the UK

The Immigration Rules permit parents living overseas, who have British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this catego ...

25th June 2018 By

New statement of changes to the Immigration Rules: HC1154

On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, although some only apply to applications made after that date. As always, practitioners a ...

18th June 2018 By

Rwandan bishop allegedly involved in genocide wins second settlement appeal

A Church of England bishop accused of committing crimes against humanity during the Rwandan genocide has won an appeal by the Home Office challenging his right to settle in the UK. The case is Secretary of State for the Home Department v Ruhumuliza [ ...

7th June 2018 By

How the Home Office used the NHS to refuse my client a visa

In October 2011 the Home Office amended the Immigration Rules to allow immigration applications to be refused where the NHS had notified the Secretary of State of an outstanding debt of £1,000 or more. In early 2017, this figure was reduced to £500 ...

4th June 2018 By

Satisfying the Immigration Rules enough for Article 8 success

The test for an Article 8 claim to stay in the UK within the Immigration Rules is whether there are “insurmountable obstacles” to continuing family life outside the UK. But even if an applicant does pass this test, there is a further hurdl ...

1st June 2018 By

Owning a Premier League football club, and other permitted business activities for visitors

Chelsea Football Club owner Roman Abramovich, whose Tier 1 Investor visa is apparently subject to processing delays, has reportedly been granted Israeli citizenship. The media coverage of the Russian billionaire’s visa woes heavily implies that ...

31st May 2018 By

Tax discrepancies and paragraph 322(5) refusals: what are they and how to challenge them

Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly ...

30th May 2018 By

Where’s the beef? Court criticises quality of Article 8 applications

The Court of Appeal’s decision in Parveen v Secretary of State for the Home Department [2018] EWCA Civ 932 seems to be an additional nail in the coffin for the once renowned (and now shut down) Malik Law Chambers, with the court repeatedly criticisi ...

16th May 2018 By

The public interest in deporting criminals: a triple threat

The Court of Appeal in DW (Jamaica) v Secretary of State for the Home Department [2018] EWCA Civ 797 has stepped in to overturn the First-tier Tribunal’s decision to block the deportation of an individual on the basis of his family life. Factual ba ...

3rd May 2018 By

Court of Appeal upholds deportation of foreign criminal (again)

In the wide-ranging and somewhat sorry case of El Gazzaz v Secretary of State for the Home Department [2018] EWCA Civ 532 the Court of Appeal has confirmed the strength of the presumption in favour of deporting foreign criminals. Criminal convictions ...

12th April 2018 By

Do the Immigration Rules discriminate against women who want to work in the UK?

Today is the deadline for employers with 250 or more employees to publish calculations showing the size of the pay gap between their male and female workers. The gender pay gap is the percentage difference between the average hourly earnings for men a ...

4th April 2018 By

Why the Home Office banned three far-right activists from the UK

Three far-right celebrities have been denied entry to the UK in the past week under the Home Secretary’s power to exclude people when it is conducive to the public good. But what is the law about refusing to let people come into the country and ...

14th March 2018 By

Home Office can only grant asylum to claimants in the UK, says Court of Appeal

The case of AB, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWCA Civ 383 has unusual facts, but an unsurprising conclusion: the Home Office cannot grant asylum to someone who is not in the UK. The background is n ...

9th March 2018 By

Stateless child denied leave to remain

In JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2018] EWCA Civ 188 the Court of Appeal grappled with an interesting point on the proper interpretation of paragraph 403(c) of the Immigration Rules. Paragraph 4 ...

5th March 2018 By

The spider’s web of the Points Based System

The web of Rules and Guidance has become so tangled that even the spider has difficulty controlling it. So says Lord Justice Underhill in Mudiyanselage v Secretary of State for the Home Department [2018] EWCA Civ 65, the latest decision in a long line ...

1st February 2018 By

Refugees with criminal records are being told it’s safe to go home

Countries are being declared safe for refugees to return to, but only if they have criminal records, a new report by the government’s immigration inspector suggests. The Independent Chief Inspector of Borders and Immigration, David Bolt, found t ...

31st January 2018 By

How complex is UK immigration law 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 ...

24th January 2018 By
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