All Articles: key post

Leave to remain application date: how to calculate it and why it is important

You’ve left extending your visa until the last minute and are now in danger of missing the deadline. Does this matter and is there anything you can do about it? The answer to the first question is a resounding yes. Fortunately, in most cases, th ...

29th November 2019 By

British by descent: when the child of a British citizen is not themselves British

A story hit the news over the weekend of two-year-old Lucy, the child of British parents who has been told by the Home Office that she must leave the UK. It is always difficult to comment on news stories without knowing the full facts but it is certai ...

15th October 2019 By

Disclosure of documents from family court proceedings

The recent – and by now infamous – case of Re Nasrullah Mursalin [2019] EWCA Civ 1559, in which a paralegal was sentenced to six months’ imprisonment for disclosing papers from family proceedings to an immigration tribunal judge, has generated m ...

9th October 2019 By

Briefing: the status of EU immigration and asylum law after Brexit

As the Brexit crisis trundles on, and we edge closer to the deadline of 31 October 2019, many are trying to pin down what happens to EU immigration and asylum law after the UK leaves the EU (or, to use the Prime Minister’s words, after we puncture & ...

30th September 2019 By

Briefing: what is the ‘right of abode’ in UK immigration and nationality law?

As I was reviewing John Vassiliou’s excellent piece on Hong Kongers with British National Overseas status last week, I realised that we’ve never put together an explainer on the right of abode. A quick Google search showed up no great expl ...

18th September 2019 By

Free movement rules to continue after no deal Brexit

The Johnson ‘government’ has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October. A new voluntary (Ed. – !?!) immigration scheme will be introduced called the European Temporary Leav ...

9th September 2019 By

Guide: How to apply for “settled status” for EU citizens

Settled status is the immigration status that EU citizens need to apply for to remain legally resident in the UK after Brexit. The deadline for applying is 31 December 2020 if the United Kingdom leaves the EU with no deal and 30 June 2021 if there is ...

4th September 2019 By

Briefing: How expensive are UK immigration applications and is this a problem?

The cost of making an immigration or nationality application has risen extremely steeply in recent years. Annual increases of 20% or 25% per year became standard, bringing the current cost of an application for indefinite leave to remain (aka settleme ...

3rd September 2019 By

How to apply for immigration bail directly to the Home Office

People in immigration detention can make an application for Secretary of State bail directly to the Home Office. The Home Office has the same powers as the immigration tribunal to grant bail and manage its conditions. Is it worth applying? An applicat ...

2nd September 2019 By

What is the no recourse to public funds condition?

The “no recourse to public funds” condition is imposed on grants of limited leave to enter or remain with the effect of prohibiting the person holding that leave from accessing certain defined public funds. A person who claims public funds despi ...

5th August 2019 By

What is the difference between refugee status and humanitarian protection?

Viewers of BBC2’s fly-on-the-wall documentary series about immigration lawyers and their clients may remember Dillian, a gay asylum seeker from the Caribbean. Dillian isn’t granted refugee status, but does eventually get a different legal status a ...

21st June 2019 By

Who decides when an immigration appeal ends?

When someone pursuing an appeal in the immigration tribunal decides that they no longer want the appeal to go ahead, who gets to decide when the appeal comes to an end? The person themselves, the tribunal, or the Home Office? In July 2017, Mr Justice ...

17th April 2019 By

How will Brexit affect Irish citizens in the UK?

The UK government’s policy is that Brexit will not affect Irish citizens at all. Other European citizens have to apply for a new “settled status” or risk losing their right to live and work in the UK after it leaves the European Union. But the g ...

8th April 2019 By

What are the UK Immigration Rules on statelessness?

People who do not have citizenship of any country in the world — the “stateless” — can get leave to remain in the UK because they have nowhere else to go. The criteria for this leave are found at Part 14 of the Immigration Rule ...

27th March 2019 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 ...

20th March 2019 By

Briefing: the best interests of children in immigration cases

It is a decade since the UK agreed to lift its immigration reservation to the UN Convention on the Rights of the Child, recognising that “migrant” children are, well, children too. Section 55 of the Borders, Citizenship and Immigration Act ...

4th March 2019 By

Briefing: overcoming language barriers in lawyer-client communication

In this blog post, Judith Reynolds, Research Associate at Cardiff University’s Centre for Language and Communication Research, offers immigration law practitioners some reflections and tips for communicating with foreign language-speaking clients. A ...

22nd February 2019 By

Naturalising or registering as a British citizen: the good character requirement

Anybody over the age of ten who applies for registration or naturalisation as a British citizen needs to meet the so-called “good character requirement”. This is a mandatory requirement set out in the British Nationality Act 1981. Where a person i ...

8th February 2019 By

Fee waiver policy: who qualifies and what does the Home Office guidance say?

Fees for immigration applications continue to increase every year. Most applications for leave to remain submitted from the UK (other than under the Points Based System) cost £1,033. In addition, applicants may need to pay an Immigration Health Surch ...

4th February 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

Comprehensive Sickness Insurance: what is it, and who needs it?

If you are an EEA/EU citizen or their family member and wish to qualify for an EU law right of residence, then eventually a right of permanent residence, you have to meet certain requirements. For some people — chiefly those not working or self- ...

13th December 2018 By

Briefing: how lawyers can help young people in the asylum system

Claiming asylum can be a traumatic experience. Having to relive the worst events in your life while you undergo a series of interviews and hearings is bad enough. It is even worse when Home Office officials are highly sceptical about a young person’ ...

10th December 2018 By

Can children and parents apply to remain after seven years residence?

From a child’s perspective, seven years of residence in the UK can be literally a lifetime. It may be the sum of all the child’s experience and the UK may be the only home they know in any meaningful sense. On top of that, children do not make the ...

28th November 2018 By

Exceptional circumstances in a spouse or partner visa application under Appendix FM

In recent posts we have looked at the requirements to be satisfied by a British or settled person who wishes to bring their spouse or partner into the UK under Appendix FM of the Immigration Rules. But what can be done if someone is unable to meet the ...

5th November 2018 By

Briefing: the rules on returning residents with indefinite leave to remain (ILR)

Indefinite leave to remain in the UK is a type of immigration status that means a person can live and work in the UK for as long as they like, with no further need to apply for a visa extension. Occasionally, though, people with ILR are refused entry ...

1st November 2018 By

How to apply for leave to remain as a bereaved partner

This post is about what happens to a migrant who is in the UK on a partner visa if their sponsor passes away. If their partner dies before the migrant becomes settled, the last thing on their mind will be their immigration status. However, as status a ...

11th October 2018 By

How to apply for leave to remain as a victim of domestic violence

Domestic violence is a serious infringement of someone’s rights. While most often perpetrated against women, it can affect men and women from any ethnic background and part of society. Migrants can be particularly vulnerable and unwilling to seek he ...

26th September 2018 By

Visas for children under Appendix FM of the Immigration Rules

In this post we are going to look at the requirements for children to obtain permission to enter and stay in the UK under Appendix FM. As we have seen in recent posts on the subject, Appendix FM (for “family members”) sets out the rul ...

25th September 2018 By

Naturalising as a British citizen: the lawful residence requirement

An adult who is not a British citizen can apply to become one. This process is known as naturalisation. People will normally be eligible to apply for naturalisation under section 6 of the British Nationality Act 1981 if they meet certain requirement ...

24th September 2018 By

How to gather evidence in support of a non-EU deportation appeal

In this post, we consider the type of evidence and information which should be gathered to support the appeal of a non-EEA national who has been made subject to an order for deportation. It is adapted from our full online training course on deportatio ...

10th September 2018 By

The Surinder Singh immigration route: how does it work?

The “Surinder Singh route” has become well known to British citizens seeking to be reunited with their family members. The toughening up of UK immigration rules in July 2012 – particularly the introduction of the minimum income rule with ...

31st August 2018 By

How to claim asylum in the UK

Claiming asylum is an important human right backed by the United Nations Refugee Convention and recognised by countries around the world. In order to make this right a reality in practice, countries like the UK have set up systems by which people must ...

29th August 2018 By

How to apply for a UK spouse or partner visa

Spouses and partners of British citizens or people settled in the UK can apply for a visa to join or remain with their loved ones. These applications are dealt with by the Home Office under the Immigration Rules. Specifically, the part of the Rules th ...

20th August 2018 By

Visit visa refusals: appeal or judicial review?

The removal of full rights of appeal for family visit visas in 2013 has led to a legal dilemma for those considering a challenge to a refusal: should they give up, re-apply, attempt a human rights appeal or launch an application for judicial review? T ...

14th August 2018 By

What are the financial requirements for UK spouse and partner visas?

One of the trickiest parts of applying for a UK visa as a spouse or partner are the financial requirements. Appendix FM of the Immigration Rules contains minimum financial requirements to be met in entry clearance or leave to remain applications. This ...

6th August 2018 By

What are the 10 and 20 year rules on long residence?

The Immigration Rules allow people to apply to remain in the UK on the basis of long residence. Those here lawfully can apply for indefinite leave to remain following 10 years’ continuous lawful residence in the UK. Those who had periods of overstay ...

26th 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

Boys to men: how to prepare asylum appeals for young Afghans

There are a considerable number of asylum claims in the UK by young Afghan boys and men. The number should not be overstated, though. The latest immigration statistics show that Afghans are still outside the top five nationalities claiming asylum in t ...

21st June 2018 By
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