All Articles: key post

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

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

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

How to apply for “settled status” for EU citizens

It is increasingly hard to predict whether or not the UK will exit the European Union with a deal. But the government did publish, back in December, a plan for the rights of EU citizens living in the UK if there is no Brexit deal. According to the pla ...

23rd 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

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 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 rules f ...

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

Briefing: What are the barriers to British citizenship for EU nationals?

The recent case of Inga Lockton is the most high-profile recent example of growing problems that EU citizens and their families face with applying for British citizenship. Ms Lockton lived in the UK for 39 years, was married to a British citizen and h ...

14th June 2018 By

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 some cases, th ...

8th June 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

Briefing: the immigration rules covering foreign citizens in the UK fishing fleet

One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say that maritime immigration control is a topic infrequently encountered even b ...

15th May 2018 By

Briefing: what is the hostile environment, where does it come from, who does it affect?

Theresa May declared in an interview with the Telegraph in May 2012 that she wanted to create a “really hostile environment” for irregular migrants in the UK. In this blog post we look at the evolution of the hostile environment, consider what m ...

1st May 2018 By

Do you need to worry about Brexit if you have indefinite leave to remain?

An EU citizen with indefinite leave to remain in this country has taken the drastic step to leave the UK because of Brexit. You might have seen the story on Twitter, where it went viral. 24/ So my mum has taken the decision to return to the country of ...

11th April 2018 By

Briefing: Brexit, settled status and citizens’ rights – what has been agreed?

On 19 March the European Union and the UK published the impressively named Draft Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community. In other words, ...

26th March 2018 By

Naturalising as a British citizen: the intention to settle 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: are 18 or over are of “ ...

8th March 2018 By

Six lessons from my spouse visa application

Making an immigration application for clients is all in a day’s work, but working on your own wife’s visa is enough to reduce even an expert to tears, writes an anonymous Free Movement contributor. While courting my wife during a sabbatica ...

23rd February 2018 By

How to make a permanent residence application

The Brexit vote to leave the EU has caused huge anxiety amongst EU citizens and their family members living in the UK. The UK government continues to advise these citizens not to make applications for proof that they have the right to permanent resid ...

6th February 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

The rise of modern banishment: deprivation and nullification of British citizenship

To deprive a person of their citizenship on the grounds of their behaviour or opinion is to cast them out of society. It is a power of exile or banishment. In Roman law, the punishment of “proscription” was civic and literal death, unless the pers ...

24th November 2017 By