Please see below the latest UK immigration updates. You can also share UK immigration news and updates using our News Update Form.

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# Free movement rules to continue after no deal Brexit 2019-09-11 17:48
The government has reaffirmed that free movement rules will continue if the UK leaves the EU without a deal on 31 October.
The paper sets out the immigration arrangements that will apply to EU citizens and their family members who are moving to the UK after Brexit on 31 October 2019 in the event that the UK leaves the EU without a deal. They replace those set out in the policy paper that was published on 28 January 2019.

Irish citizens’ rights are unaffected by these new arrangements. They can continue to come to the UK to live and work as now.

EU citizens and their family members living in the UK before the UK leaves the EU can apply to the EU Settlement Scheme to stay in the UK after 31 December 2020.
www.gov.uk/government/publications/no-deal-immigration-arrangements-for-eu-citizens-moving-to-the-uk-after-brexit
# Online asylum appeals to be rolled out nationwide in 2020 2019-09-11 17:44
The courts and tribunals service for England and Wales has said that Asylum appeals will be filed and managed entirely online from next year.
The digital appeal system aims to make the process of challenging an asylum system more efficient and less paper-bound. The focus is on electronic document upload, digitised case management and early online resolution rather than the final hearing being on a webcam, although HMCTS is also experimenting with virtual hearings throughout the tribunal system.
assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/806959/HMCTS_Reform_Update_Summer_19.pdf
# Return of two-year post study work visa announced 2019-09-11 13:05
The date of implementation is not entirely clear yet, but the announcement suggests it will be available to students starting in the next academic year, September 2020. It is unknown whether current students already on courses in the UK will also benefit from the rule change.

www.gov.uk/government/news/worlds-largest-genetics-research-project-to-fight-deadly-diseases-and-offer-new-offer-for-international-students
# Statement of changes to the Immigration Rules HC 2631 and changes to work visa routes 2019-09-10 10:05
# Migrants working illegally still have employment rights 2019-08-21 09:23
In the case of Okedina v Chikale [2019] EWCA Civ 1393 Lord Justice Underhill pointed out that genuine mistakes over immigration status are not necessarily unreasonable:
"some aspects of the relevant rules are complicated or unclear, and wrong advice can be given, sometimes by the Home Office itself. In short, not all cases of illegal working involve culpability on the part of the employee".

This case shows that the overlap between immigration law and employment law is in no way clear cut. Lacking immigration status does not mean that an employment contract is unenforceable.

www.bailii.org/ew/cases/EWCA/Civ/2019/1393.html
# Change in EU LAW for Unrecognised Adoptions 2019-08-08 09:16
A change to the legal definition of who counts as an EEA citizen’s “family member” should end the uncertainty over the status of children in kafala arrangements. Kafala is a system of permanent legal guardianship operating in many Muslim countries, where full adoption is usually prohibited.
The amendment to the Immigration (European Economic Area) Regulations 2016, which takes effect on 15 August 2019, explicitly recognises relationships where the child is under 18 and “is subject to a non-adoptive legal guardianship order in favour of an EEA national that is recognised under the national law of the state in which it was contracted”.
This provision means that EEA citizens living in the UK, who have entered a kafala adoption overseas, can now apply for a visa to bring their child home.

www.legislation.gov.uk/uksi/2019/1155/regulation/2/made
# New Home Office policy on removing migrants with children 2019-08-01 09:24
The Home Office has updated its main guidance on family visas under Appendix FM of the Immigration Rules.
The new guidance is a one consolidated guidance document dealing with both the five and ten-year routes for partners, parents and private life applicants. The new guidance runs to 93 pages whereas the previous guidance for ten-year route applications was 104 pages alone.

www.gov.uk/government/publications/family-life-as-a-partner-or-parent-private-life-and-exceptional-circumstance
# English language ability and financial independence 2019-07-29 17:43
In SC (Bangladesh) v Secretary of State for the Home Department [2018] EWCA Civ 3069, the issue was whether the public interest considerations in sections 117B(2) and (3) of the Nationality, Immigration and Asylum Act 2002 (as amended) can be treated as positive factors.
When someone without a visa is applying to stay in the UK because of family or personal ties, judges are told by law to hold it against them if they don’t speak English and aren’t financially independent.
In SC (Bangladesh), the Court of Appeal basically just confirms this: “it is now established that section 117B(2) and (3) do not require the Tribunal to take into account fluency in English and financial independence as factors in Article 8 appellant’s favour”.

www.bailii.org/ew/cases/EWCA/Civ/2018/3069.html
# Regulations published to bring back legal aid for unaccompanied children 2019-07-25 11:12
The Ministry of Justice’s self-congratulatory press release announcing the restoration of immigration legal aid for unaccompanied children comes over a year after the department first made this announcement.

Justice minister Paul Maynard said:

It is absolutely right that legal aid should be available to separated migrant children to resolve their immigration status, which is why this has always been available through the Exceptional Case Funding Scheme.

www.gov.uk/government/news/separated-migrant-children-to-access-legal-aid-more-easily
# High Court allows Home Office to ignore tribunal bail decision 2019-07-25 11:10
The High Court has ruled that the Home Office can ignore a grant of immigration bail by the First-tier Tribunal if there is a material change of circumstances before the person is released. R (AB) v Secretary of State for the Home Department [2019] EWHC 1969 (Admin) is about the familiar situation where someone is granted conditional bail while accommodation is arranged, but during the wait for housing there is an important change in circumstances.

"It is open to the Secretary of State to re-detain someone who has been released following the FTT’s grant of bail if there is a genuine and material change of circumstance after the FTT decision"

www.bailii.org/ew/cases/EWHC/Admin/2019/1969.html
# If you win a deportation appeal, you can still be deported, Court of Appeal holds 2019-07-25 11:07
If a foreign criminal wins their deportation appeal, can the Home Office try and deport them again, even where there has been no further offending?

In MA (Pakistan) v Secretary of State for the Home Department [2019] EWCA Civ 1252, the Court of Appeal considered this question and held that the answer is YES

www.bailii.org/ew/cases/EWCA/Civ/2019/1252.html
# Life in the UK test contract awarded 2019-07-17 14:27
PSI Services has been awarded the Life in the UK contract by the Home Office, it was announced today.

The Life in the UK test is a computer-based test taken by people who are applying for settlement or British citizenship. It is designed to support cultural integration.
PSI Services are the current provider of the test and through the procurement process they demonstrated that they offered the best value for the taxpayer and expertise to deliver a high-quality service.

www.gov.uk/government/news/life-in-the-uk-test-contract-awarded
# Court of Appeal Ruling on Overstaying in 10 Years Long and Lawful Residence 2019-07-02 17:17
The question of continuous and lawful residence was addressed by the Court of Appeal in R (Ahmed) v Secretary of State for the Home Department [2019] EWCA Civ 1070.

The Home Office has a policy of disregarding very short periods of overstaying however when the applicant came to apply for ILR under the long residence rules, the application was refused on the basis that his ‘continuous’ leave had been broken by gaps in his previous extensions.
Lord Justices Floyd and Haddon-Cave found for the Secretary of State. They explained that the component parts of 276B were drafted as free-standing provisions; made no reference to one another; and had their own self-contained meaning and on the Home Office guidance, the Court of Appeal simply said that it was wrong and should be changed.

www.bailii.org/ew/cases/EWCA/Civ/2019/1070.html
# Home Office ordered to bring Ugandan asylum seeker back to the UK five years after removal 2019-07-02 17:07
The High Court has ordered the Home Office to return an asylum seeker to the UK from Uganda because her 2013 asylum appeal hearing was unfair. PN v Secretary of State for the Home Department [2019] EWHC 1616 (Admin) is the latest in a series of cases about the consequences of the Court of Appeal finding that the Detained Fast Track appeal system was unlawful because it created a risk of systemic unfairness. This is the first time that the Home Office has been ordered to return an asylum seeker to the UK because of an unfair appeal.

The facts of this case were very strong because the claimant could clearly identify what evidence she had been trying to obtain during the appeal process, why it was important to her claim and that she did obtain it relatively soon after the appeal was determined.

www.bailii.org/ew/cases/EWHC/Admin/2019/1616.html
# Women trafficked into prostitution are “wealthy” and don’t need asylum, Home Office claims 2019-06-28 09:27
It has emerged that official government guidance claims that victims of human trafficking get rich from being sexually exploited in the UK and can be refused asylum.
A new Home Office policy document on women trafficked from Nigeria says that those who become “wealthy from prostitution” enjoy “high socio-economic status” and are “often held in high regard” when they return home. The passage appears in a newly updated Country Policy and Information Note used as a guide to whether asylum seekers face persecution or serious harm in their home country.
www.gov.uk/government/publications/nigeria-country-policy-and-information-notes
# Extended family members granted right of appeal 2019-06-24 17:50
This is the case that went up to the Court of Justice of the European Union on, essentially two issues:

1. Does the Surinder Singh route apply to durable parters? and
2. Are extended family members entitled to a full appeal on the merits, rather than a judicial review on an error of law?
The CJEU said “yes” to both, as we reported at the time: Court of Justice finds Surinder Singh applies to extended family members.
The case Banger (EEA: EFM – Right of Appeal) [2019] UKUT 194 (IAC) has now returned to the Upper Tribunal for a final decision, some six years after Ms Banger was first refused a residence card.

www.bailii.org/uk/cases/UKUT/IAC/2019/194.html
# Home Office tries to tackle eGates problem that makes short-term study illegal 2019-06-19 09:53
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using ePassport gates (‘eGates’).
The Home Secretary, Sajid Javid, said at the time that this would improve “fluidity for passengers” and “the passenger experience”.
Short-term students are supposed to see an immigration officer, non visa nationals can come to the UK for short-term study (‘STS’) of up to six months and those entering under this route also do not need to be sponsored under Tier 4 of the Points Based System. Instead, they can get immigration permission to study a short course directly from the Border Force officer on arrival in the UK.
Recognising this issue, the Home Office has now published a short (seven-page) guidance note for education providers.

www.gov.uk/government/publications/short-term-students
# Home Secretary announces new skills-based immigration system 2019-06-18 15:35
Home Secretary announces new skills-based immigration system

www.gov.uk/government/news/home-secretary-announces-new-skills-based-immigration-system
# How to meet the “very compelling circumstances” deportation test 2019-06-17 10:10
The Court of Appeal has upheld the appeal against deportation of a man sentenced to five years’ imprisonment, in the process providing a good example of the kind of human rights arguments that will sway judges in this complex and difficult area of law.
The case is Secretary of State for the Home Department v JG (Jamaica) [2019] EWCA Civ 982. The First-tier Tribunal had allowed a Jamaican citizen’s appeal against deportation due to his “intense” bond with his British child.

Every case will ultimately depend on its own facts, this decision certainly suggests that medical evidence of a child suffering severe psychological damage if their parent is deported may be enough to meet the high threshold for resisting deportation.

www.bailii.org/ew/cases/EWCA/Civ/2019/982.htmldeportation.
# High Court demands proper inquiry into immigration detention abuse 2019-06-14 16:40
A 2017 investigation by the BBC’s Panorama programme showed detainees suffering severe violence, taunting, and mistreatment, uncovering a toxic staff culture.
Last year a separate report, commissioned by Brook House operator G4S, called on the Home Office to take “greater responsibility” for conditions at the centre. The authors, from an independent consultancy, said that Brook House was “unsuitable to hold any detainee for more than a few weeks”.
In a judgment handed down today, Mrs Justice May held that an underpowered Prisons and Probation Ombudsman investigation was not sufficient under human rights law.
The judge also expressed concerns about whether “private hearings could secure sufficient accountability, allay suspicions of state tolerance of mistreatment of the weak, and ultimately maintain confidence in the rule of law”
# Half of all immigration appeals now succeed 2019-06-13 17:53
The percentage of immigration decisions being reversed by judges is at its highest on record, new statistics show. Over 50% of appeals to the immigration tribunal mostly challenges to Home Office refusals to allow people to stay in the UK succeeded in the last financial year.
Human rights appeals were the most likely to be allowed, with a 58% success rate last year. The “EEA Free Movement” category were also above 50%, while appeals in the third category" asylum " are consistently less likely to succeed.

MOJ statisticians said the average immigration appeal now takes 40 weeks to be decided whereas it used to take a year in the past.

www.gov.uk/government/statistics/tribunal-statistics-quarterly-january-to-march-2019
# Tribunal says no to return of fast track asylum appeals 2019-06-13 09:49
The government pushed for a replacement, arguing that asylum seekers in detention should have their appeals decided in 25 or, failing that 28 working days.
The Tribunal Procedure Committee said that it would not be re-introducing a system like the Detained Fast Track that the courts found to be unlawful back in 2015. It pointed out that any such system would need so many safeguards to maintain some semblance of due process that it wouldn’t speed things up anyway.
The Tribunal Procedure Committee said that “in order to ensure that such a system would deal with cases fairly, it would need to include rigorous procedural safeguards to ensure that unsuitable cases were not included within the fast track system”.
www.gov.uk/government/consultations/consultation-on-tribunal-procedure-first-tier-tribunal-immigration-and-asylum-chamber-rules-2014-and-tribunal-procedure-upper-tribunal-rules-200
# Case on when failure to claim asylum in a safe country damages credibility 2019-06-12 10:25
Immigration judges must assess whether an asylum seeker had a reasonable opportunity to claim asylum in a safe third country before holding that a failure to do so should damage their credibility, the Court of Appeal has ruled.
KA (Afghanistan) v Secretary of State for the Home Department [2019] EWCA Civ 914 concerns an unaccompanied child from Afghanistan who fled to the UK via Hungary, amongst other EU countries. He was fingerprinted by the Hungarian authorities but continued travelling to the UK.

This case should serve as a reminder to the tribunals to be cautious when finding that appellants should have claimed asylum elsewhere.

www.bailii.org/ew/cases/EWCA/Civ/2019/914.html
# Subsidiary protection status must be revoked if granted in error 2019-06-10 14:28
The Court of Justice of the European Union has confirmed that subsidiary protection status must be revoked by member states if they discover that it has been granted in error, even if the applicant did nothing to mislead the authorities. Case C‑720/17 Bilali v Bundesamt für Fremdenwesen und Asylis is about the interpretation of Article 19(1) of the 2011 Qualification Directive, which the UK did not participate in, but the provision is materially identical to the 2004 Qualification Directive which the UK is bound by.
The decision says that it is in accordance with the general position in international refugee law that refugee status is declaratory, and the UN refugee agency’s view that refugee status granted in error should be annulled.
curia.europa.eu/juris/document/document.jsf?text=&docid=214394&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=677249
# Court of Appeal finds asylum seeker age assessment policy unlawful 2019-05-29 10:12
Two out of three Lord Justices declared that the Home Office policy on assessing the age of asylum seekers is unlawful. The case is BF (Eritrea) v Secretary of State for the Home Department [2019] EWCA Civ 872.

Lord Justice Underhill gave the leading judgment. He held that “anyone claiming to be a child must be given the benefit of the doubt”.The issue was whether the guidance documents, even with their emphasis on someone looking “significantly” older than 18, properly reflected that notion. Underhill LJ found that they did not.

The judge said, the guidance should be more like the “Challenge 25” policy in off licences. Officials should be reminded that the wide margin for error in initial age assessments means that an asylum seeker who looks younger than 25 could well be under 18.
www.bailii.org/ew/cases/EWCA/Civ/2019/872.html
# Migrants whose leave to remain in the UK curtailed but can’t be removed 2019-05-24 11:25
The Court of Appeal has handed down guidance on “limbo” cases in RA (Iraq) v The Secretary of State for the Home Department [2019] EWCA Civ 850.

These are cases where a migrant cannot be removed from the UK because, for example, conditions in their country of origin prevent it but where they are also precluded from working, receiving benefits, renting property etc because they don’t have valid leave.

www.bailii.org/ew/cases/EWCA/Civ/2019/850.html
# No exemption from NHS charges for human rights applicants 2019-05-23 10:09
R (ERA) v Basildon And Thurrock Hospitals NHS Foundation Trust [2019] EWHC 1249 (Admin) is about whether someone who has applied for leave to remain in the UK on human rights grounds can get the same exemption from NHS charges as asylum seekers.

The National Health Service (Charges to Overseas Visitors) Regulations 2015 allow NHS hospitals to recover charges for services provided to overseas visitors. But they contain an exception for anyone who has applied for “temporary protection, asylum or humanitarian protection under the immigration rules”.

www.bailii.org/ew/cases/EWHC/Admin/2019/1249.html
# Entrepreneur faces deportation out of UK over Payroll Paperwork 2019-05-22 10:21
In R (Khajuria) v SSHD [2019] EWHC 1226, an Indian entrepreneur had created the jobs necessary to extend her visa but her application was refused because she was unable to provide payroll information in the exact form required.

It is a further reminder for Tier 1 (Entrepreneurs) that getting an extension is not about meeting the requirements of the rules, it is about meeting the rules themselves.

www.bailii.org/ew/cases/EWHC/Admin/2019/1226.html
# Refugees can lawfully be deprived of status under EU law 2019-05-20 12:43
The Court of Justice of the European Union has decided in joined cases C‑391/16, C‑77/17 and C‑78/17 M, X and X that recognised refugees who commit serious crimes can be lawfully deprived of their refugee status under EU law and that there is no incompatibility on this issue between EU law and the Refugee Convention itself.

curia.europa.eu/juris/document/document_print.jsf?docid=214042&text=&dir=&doclang=EN&part=1&occ=first&mode=req&pageIndex=0&cid=3386447
# Home Office policy change in Zambrano carers need to make a human rights application first 2019-05-16 10:46
On 2 May 2019, the Home Office published updated guidance on “derivative rights of residence”, which includes the rights of Zambrano carers. Potential Zambrano applicants must first make a human rights application under British immigration law.
The guidance now says that a Zambrano application must be refused if the applicant: has never made an application under Appendix FM to the Immigration Rules or any other Article 8 ECHR claim, where that avenue is available;
Applicants who used to chose the Zambrano route because they could not afford the Home Office fee will now need to consider applying for a fee waiver.
www.gov.uk/government/publications/derivative-rights-of-residence
# Home Office increases spending on child asylum seekers 2019-05-14 14:19
The Home Office has announced that councils will get more money to care for children who arrive in the UK alone to seek asylum.
Councils used to get between £71 and £114 per child per day, depending on the age of the child and when they arrived in the UK. From now on it will be £114 per child per day across the board, backdated to 1 April 2019.

www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2019-05-08/HCWS1543/
# Court of Appeal overturns decision to prosecute victim of trafficking 2019-05-14 14:17
The Court of Appeal has given judgment in two linked cases involving victims of trafficking prosecuted in the UK for offences linked to their trafficking: N v R.[2019] EWCA Crim 752. In one of the cases, involving a young Vietnamese man prosecuted for cannabis cultivation, the conviction was overturned. In the other, involving a woman who was herself trafficked to the UK who then became involved in controlling women for prostitution, the conviction was upheld.
The Court of Appeal held that N’s isolation because of his lack of English, lack of geographical knowledge and his fear of reprisal created sufficient nexus between his being trafficked and his offending to render the conviction unsafe.
www.bailii.org/ew/cases/EWCA/Crim/2019/752.html
# Some relief for trafficking victims as High Court extends support payments temporarily 2019-04-24 10:02
The judgment is R (NN) v Secretary of State for the Home Department [2019] EWHC 1003 (Admin).
Victims of human trafficking are entitled to £65 per week, accommodation at a safe house and a support worker. But this support ends 45 days after a “conclusive grounds decision” that they are definitely a victim.
Mr Justice Julian Knowles has ordered that support for all confirmed victims carry on beyond 45 days. The Home Office “shall not restrict support for victims of trafficking under the Victims of Modern Slavery Contract by reference to the date of a Conclusive Grounds decision or the length of time the support has been provided.
If the judicial review succeeds at full hearing, this temporary extension of support could become permanent.
www.bailii.org/ew/cases/EWHC/Admin/2019/1003.html
# Returning Asylum Seekers To Greece Under Dublic III Regulation 2019-04-24 09:56
In 2011, the landmark case of MSS v Belgium and Greece concluded that conditions in Greece were so dire, asylum seekers’ human rights would be breached if returned. Removals to Greece under the Dublin III Regulation were suspended as a result.
Asylum seekers were systematically detained in appalling conditions upon arrival at Athens airport and even tricked by police into believing they could not claim asylum.

hudoc.echr.coe.int/eng#{%22itemid%22:[%22001-103050%22]}
# Court of Appeal Gives Important Guidance to Entrepreneurs on How to Invest 2019-04-24 09:42
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000. The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways in which entrepreneur migrants can do this.
The Secretary of State argued that there were only two permissible methods of investing funds for Tier 1 (Entrepreneur) migrants that the investment has taken one of only two permissible forms: investment by way of a director’s loan, or investment by way of purchase of share capital which is a direct contradiction of the Tier 1 (Entrepreneur) guidance.
It is advisable for any Tier 1 (Entrepreneur) migrants who are considering injection of funds by way of ‘direct cash investment’ as permitted by the relevant guidance to instead invest by way of director’s loan or share issue.
www.bailii.org/ew/cases/EWCA/Civ/2019/720.html
# Major judgement finds Home Office policy of rejecting migrants over tax discrepancies “legally flawed” 2019-04-17 15:13
The Court of Appeal has handed down a blockbuster judgment on the highly controversial use of paragraph 322(5) of the Immigration Rules to refuse settlement to migrants over alleged tax discrepancies. It says that the Home Office’s stance in these cases is “legally flawed” and needs a major overhaul to make refusals legal.

www.bailii.org/ew/cases/EWCA/Civ/2019/673.html
# Important New Judgement on KO Nigeria Case and Removing Migrants with children in the UK 2019-04-16 11:44
Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a court or tribunal to hypothesise that the child in question would leave the United Kingdom,
Following an earlier judgement in case of JG (s 117B(6): “reasonable to leave” UK) Turkey [2019] UKUT 72 (IAC), It is endorsed by the Court of Appeal in Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 and Lord Justice Singh, with whom King and Underhill LJJ agreed, held that “I respectfully agree with the interpretation given… to section 117B(6)(b) in JG“.
It is a hope, for the innocent children caught up in the immigration system and for their parents, that the Upper Tribunal’s child centred approach prevails.
www.bailii.org/ew/cases/EWCA/Civ/2019/661.html
# Court of Appeal approves controversial rule allowing the Home Office to ignore appeal judgments 2019-04-11 14:29
The case is Ullah v Secretary of State for the Home Department [2019] EWCA Civ 550 is about when the Home Office is allowed to ignore an appeal judgment because it has discovered new evidence which indicates that the decision was wrong.
The Court of Appeal held that the appropriate course of action is for the Secretary of State to decide whether the principles in Ladd v Marshall [1954] EWCA Civ 1 are fulfilled.These are the rules governing the admission of new evidence in appeals concerning private law matters.
Although on the facts of this case the result may not cause much injustice, the transplant of Ladd v Marshall into immigration law opens the door for the Home Office to ignore tribunal judgments on the basis of relatively weak new evidence.

www.bailii.org/ew/cases/EWCA/Civ/2019/550.html
# How to apply to the Windrush compensation scheme 2019-04-10 16:40
Claims for compensation under the Scheme will be considered for two years until 2 April 2021, and then after this for six months if there are exceptional circumstances for missing the deadline.
Claims must be made on a prescribed form, and then sent by post or email. The Home Office has set up a free post option for submitting the form and evidence, and will reimburse reasonable expenses for sending in documents where this is not available.
Applications for compensation under the Scheme are free.
Eligible individuals can claim under a number of different categories and Successful claimants can expect (i) an apology and (ii) financial compensation.

www.gov.uk/guidance/windrush-compensation-scheme
# Application Under EU Settlement Scheme From Outside The UK 2019-04-10 14:39
The Home Office, UKVI has published information for applicants to the EU Settlement Scheme who are applying from outside the UK.

www.gov.uk/guidance/eu-settlement-scheme-applying-from-outside-the-uk
# Migrants can still be deported as “persistent offenders” even if crime-free for years 2019-04-09 10:48
The Court of Appeal has reiterated that a migrant can be regarded as a “persistent offender” for the purposes of deportation law even if he or she has not committed a crime for some time. The case is Binbuga (Turkey) v Secretary of State for the Home Department [2019] EWCA Civ 551.

Lord Justice Hamblen held that the “overall picture” is what counts when it comes to persistent offending, rather than the “current position”:

www.bailii.org/ew/cases/EWCA/Civ/2019/551.html
# Irish citizens and settled status 2019-04-09 09:48
The government has set up an application system for EU citizens to get “settled status” Irish citizens are in a unique position when it comes to the settled status scheme: unlike all other EU citizens, they may apply for it but do not have to. That is because:
1. On one hand, Ireland is part of the EU, and settled status is open to all EU citizens
2. On the other hand, Irish citizens already have the special treatment and do not need an additional guarantee of their rights
The non-EU family member of an Irish citizen can apply for settled status without the Irish citizen applying, but would have to show that the Irish citizen would have been granted settled status if they had applied.

www.theirishworld.com/irish-citizens-uk-register-eu-citizens-lawyers-warn/
# High Court decision on how to save a sponsor licence 2019-04-05 10:04
In R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin), Charles Bourne QC dismissed the claim and explained in detail precisely how the sponsor failed on every allegation. Most importantly, he provided a useful steer on how to save your sponsor licence:

1. Sponsors must keep records which are comprehensive, accurate and clear. Just as importantly, they must produce those records when asked to do so.

2. A response to a suspension letter is likely to be the last effective opportunity to deal with any concerns.

3. If it fails to do so, then disputing the facts in judicial review proceedings is inherently unlikely to remedy the omission, because the Court primarily reviews a decision on the basis of the information available to the decision-maker.

www.bailii.org/ew/cases/EWHC/Admin/2019/761.html
# Response to an inspection of Home Office BICS policies and practices relating to charging and fees 2019-04-05 09:55
The Home Office response to the Independent Chief Inspector of Borders and Immigration’s report: An inspection of Home Office Borders, Immigration and Citizenship System’s (BICS) policies and practices relating to charging and fees, which includes achievements and recommendations for improvement.


www.gov.uk/government/publications/response-to-an-inspection-of-home-office-bics-policies-and-practices-relating-to-charging-and-fees
# RIGHTS OF THE UK NATIONALS LIVING IN THE EU 2019-04-05 09:17
The Withdrawal Agreement, finalised by the UK and the EU is a deal,
grounded in reciprocity, which secures the rights of over three million EU
citizens in the UK and around one million UK nationals in the EU, so they can
carry on living their lives as before.

UK nationals, their children and other existing close family members can return to the UK under current rules until 29 March 2022.
After 29 March 2022, such family members will be able to return to the UK by applying through the applicable UK Immigration Rules.

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/792675/Citizens__Rights_-_UK_nationals_in_the_EU.pdf
# EU citizens cannot rely on human rights in appeals against refusals 2019-04-04 10:11
EU citizens cannot rely on human rights in appeals against refusals

In Munday (EEA decision: grounds of appeal) [2019] UKUT 91 (IAC) the tribunal has reiterated that in appeals against EU residence decisions, the appellant cannot rely on human rights arguments, only on EU law arguments.

Below is the official head note;

1. In an appeal against an EEA decision under the Immigration (EEA) Regulations 2016, the sole ground of appeal is that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to and residence in the UK (sched 2, para 1).

2. Consequently, in such an appeal an appellant may not rely on human rights grounds in the absence of a s.120 notice and statement of additional grounds in which reliance is placed upon human rights or there has been an additional decision to refuse a human rights claim.


www.bailii.org/uk/cases/UKUT/IAC/2019/91.html
# Start-up and Innovator endorsing bodies: guidance 2019-03-29 16:09
The Home Office UKVI have published policy guidance for innovator and start up visa categories.

www.gov.uk/government/publications/start-up-and-innovator-endorsing-bodies-guidance
# ISLAMIC KEFALAH SYSTEM AND EU FREE MOVEMENT RIGHTS 2019-03-28 10:13
Unrecognised adoptions can attract EU free movement rights . The case of SM (Algeria) v Entry Clearance Officer [2018] UKSC 9 was refereed to the Court of Justice of the European Union for a preliminary ruling by the Supreme court.
In a judgment of 26 March 2019, the Court of Justice responded;

"A child whose adoption is not recognised is not a direct descendant, but is a family member" and the child does indeed fall under the definition of “other family members”, meaning that member states have to facilitate their entry and residence.
How many people in the UK will benefit from this judgement will very much depend on when and how Brexit materialises!!!


curia.europa.eu/juris/document/document.jsf?text=&docid=212226&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=6656644
# Dedicated Supprt Centres For Complex Immigration Cases 2019-03-27 15:07
The Home Office has announced that seven Service and Support Centres are now open to cater for particularly complex immigration cases. Appointments are free, and experienced UKVI staff will provide a face to face service and help people throughout their application.

The centres are located in Belfast, Cardiff, Croydon, Glasgow, Liverpool, Sheffield and Solihul

www.gov.uk/government/news/dedicated-support-centres-for-complex-cases--2
# Impact On EU Nationals Entering The UK After Brexity With No Deal 2019-03-26 17:39
If there is no Brexit deal and UK leaves the EU without a deal European nationals entering the UK after Brexit will not have an automatic right to live here. There will be an automatic right of entry for up to three months, but if these new arrivals wish to stay for longer than three months they will need to apply for European Temporary Leave to Remain.

www.gov.uk/guidance/european-temporary-leave-to-remain-in-the-uk
# Right To Rent Of Illegal Immigrants And Discrimination 2019-03-25 12:29
Home Office Right to Rent evictions exempt from the Equality Act
The High Court has found that enforcement of the “Right to Rent” scheme involves discrimination on the grounds of nationality, but it is lawful because of an exemption in the Equality Act 2010.
Nationality discrimination is an inherent part of immigration enforcement, so the Equality Act 2010 contains an exemption for discriminatory acts which are done by the Secretary of State for the Home Department or an authorised official.

This outcome is an unsurprising product of current equality legislation, which has minimal impact on how the Home Office exercises its immigration functions.

www.bailii.org/ew/cases/EWHC/Admin/2019/452.html
# Asylum Claims By Homosexuals In St. Lucia 2019-03-25 11:08
Gay men from St Lucia can claim asylum in the UK
The Upper Tribunal has decided that gay men are at risk of persecution in St Lucia and can claim asylum in the UK.
There is a detailed review of conditions in St Lucia in paragraph 53. Upper Tribunal Judge Plimmer notes that it is “a deeply conservative, traditional and religious society in which there is widespread disapproval of homosexuality” and that “over the last 10 years men perceived to be gay have been murdered in particularly violent circumstances, and there is no obvious explanation for this, other than their perceived sexuality”.
www.bailii.org/uk/cases/UKUT/IAC/2019/92.html
# Time Limit For Filing Administrative Review AR 2019-03-18 14:32
The Court of Appeal has rejected a challenge that the time limit for bringing an administrative review only starts when a decision is physically received by an applicant.
The Secretary of State would never know when the time limit for bringing an administrative review had come to an end. That would defeat the whole purpose of the tight 14-day time limit for making an administrative review application

The Court of Appeal held that the rules should be interpreted

"as including not only actual, physical receipt, but also receipt at the applicant’s correspondence address. Any other interpretation of the rule would be completely unworkable."


www.bailii.org/ew/cases/EWCA/Civ/2019/389.html
# ePassport Gates Eligibility Expansion 2019-03-15 14:06
ePassport gates eligibility expansion confirmed for June

From June, millions more people will be able to use ePassport gates as they arrive in the UK, the Chancellor confirmed in yesterday’s Spring Statement.


www.gov.uk/government/news/epassport-gates-eligibility-expansion-confirmed-for-june
# Removal Suspension 2019-03-15 10:41
The High Court has suspended the Home Office’s removals policy with immediate effect. The decision means that the system of giving migrants “removal windows” within which they can be removed from the UK without warning will be halted for at least the next few weeks.
The claimant is a charity, which facilitates the provision of independent medical advice and representation to those detained in immigration removal centres as well as conducting research into issues affecting those in immigration detention
Medical Justice said in a press release that 69 removals have been cancelled with immediate effect as a result of the injunction. The substantive judicial review challenge will be heard in June or July.

www.bailii.org/ew/cases/EWHC/Admin/2010/1925.html
# Appeal Right Against Refusal Of Fresh Asylum Or Human Rights Claim 2019-03-13 13:53
Second or subsequent human rights claims do not attract automatic right of appeal
The Supreme Court has finally laid to rest the argument that second or subsequent human rights or asylum claims automatically attract a right of appeal under the appeal regime of the Immigration Act 2014.

www.supremecourt.uk/cases/docs/uksc-2017-0211-judgment.pdf
# Consideration of the best interests of the child under Section 117B6 2019-03-11 09:35
Section 117B(6) of the Nationality, Immigration and Asylum Act 2002 requires a court or tribunal to hypothesise that the child in question would leave the United Kingdom, even if this is not likely to be the case, and ask whether it would be reasonable to expect the child to do so.

The Upper Tribunal seems to be suggesting that the effect of the Supreme Court’s decision in KO (Nigeria) [2018] UKSC 53 is that the assessment under section 117B(6) does not have to take account of the parent’s immigration history.

www.bailii.org/uk/cases/UKUT/IAC/2019/72.html
# High Court Decision On Right To Rent 2019-03-08 17:55
High Court finds Right to Rent checks discriminatory in landmark judgement

The case of R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department [2019] EWHC 452 (Admin) that the government’s Right to Rent scheme causes racial discrimination in breach of the European Convention on Human Rights.

www.bailii.org/ew/cases/EWHC/Admin/2019/452.html
# Changes To The Immigration Rules 2019-03-08 17:33
The government has today (7 March 2019) brought forward a number of changes to the Immigration Rules, which further demonstrate its commitment to attracting leading talent, whilst also cracking down on abuse.

The rules will provide skilled business people access to two new visa routes to set up businesses in the UK. The Start-up visa route will be open to those starting a business for the first time in the UK, while the Innovator visa route will be for more experienced business people who have funds to invest in their business.

Both routes will see endorsing bodies and business experts – rather than the Home Office – assessing applicants’ business ideas. This will make sure that the routes are focussed on only the most innovative, viable and scalable businesses.

Alongside these new routes, the Home Office is also bringing forward reforms to the Tier 1 (Investor) route. The reformed route will better protect the UK from illegally obtained funds, whilst ensuring that genuine investors have access to a viable visa route. Applicants will be required to prove that they have had control of the required £2 million for at least two years, rather than 90 days, or provide evidence of the source of those funds.

The Home Office will also extend the salary exemption in the Tier 2 (General) visa so that the NHS and schools can continue to attract and hire experienced teachers, nurses and paramedics from overseas. The salary exemption applies to all nurses and paramedics, medical radiographers and secondary school teachers whose subjects are in maths, physics, chemistry, computer science and Mandarin.

A two-year scheme, which will allow up to 20 nurses from Jamaica to come to the UK to gain vital experience in NHS hospitals as part of an exchange scheme, has also been announced.

The government has already supported and relocated over 1,000 brave Afghan interpreters and their families, so they can rebuild their lives in the UK. However, in recognition of their support for the UK’s armed forces, the Home Office is bringing forward rules changes so that eligible partners and children of interpreters still in Afghanistan can relocate to the UK at a later date.

Commenting on the changes, Immigration Minister Caroline Nokes said:


“My priority is making sure that talented business people continue to see the UK as an attractive destination to develop their businesses. This will help create more jobs across the country and ensure our economy continues to thrive.

“In addition to welcoming those who wish to contribute to our economy, we also recognise our duty to support the vulnerable. That is why I am proud that we are extending our commitment to the brave Afghan interpreters and their families so that they can rebuild their lives here, together, in safety.

“However, what we will not tolerate is those who seek to abuse our system and that is why I am bringing forward new measures which will make sure that only genuine investors, who intend to support UK businesses, can benefit from our immigration system.”

Other changes to the rules include:

The list of countries which benefit from the streamlined documentary requirements, found in Appendix H, has been updated to include Brazil, Kazakhstan, Mauritius, Oman, Peru and Tunisia. This change will not only benefit students, who will be able to apply for visas through a more streamlined process, but also help to ensure that the UK’s world-leading education institutions remain competitive internationally.

We are increasing the initial period of leave granted to those who qualify for Stateless Leave from 30 months to 5 years, making it easier for those who are genuinely stateless and not able to live in any other country and cutting unnecessary bureaucracy. Also, to deter those who seek to abuse the system to benefit from stateless leave, changes are being made to the rules to make sure that only those who are genuinely entitled to stateless leave can qualify. This makes clearer that an individual is required to show that they have tried to obtain a nationality or right of residence in another country that they could reasonably expect to be entitled to, before benefitting from stateless leave. The government is clear that we will not tolerate those who seek to play the system to remain in the UK.

This government remains committed to bringing net migration down to sustainable levels, but also recognises the need to attract people who bring benefits to the UK and enable employers to have access to the skills they need.

www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-1919-7-march-2019
# New UK Visa Fees 2019-03-08 16:02
The Home Office UKVI have published their news fees which will be effective from 29 March 2019. Click on the link below for new Home Office UKVI fees:

www.gov.uk/government/publications/visa-regulations-revised-table/home-office-immigration-and-nationality-fees-29-march-2019

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