Immigration Barristers' Blog

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In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and where his application was refused on the basis that his marriage was one of convenience, the applicant could be removed while his appeal against that refusal was pending.

The Immigration Rules provide those with United Kingdom ancestry with a route to settlement in the UK. The relevant provisions are set out within paragraph 186 of the Immigration Rules and this application can only be made from overseas; it is not possible to apply for leave to remain, or to switch into this category, from within the UK.

Posted by on in Settlement in the UK

Eligibility for settlement as a Tier 2 Migrant can vary depending on when you applied for your visa. If you are eligible for settlement, the main requirements are set out here.

Section 2 of the EU Referendum Act 2015 set out entitlement to vote in the 23 June 2016 EU referendum:

Save for visitors and those authorised to obtain leave to enter the UK by passing through an automated gate, the statutory power to give or refuse leave to enter the UK and to give leave to remain or to vary any (duration of or conditions attached to) a person’s leave to remain; must be exercised by notice in writing given to the person affected: section 3(3)(a) and 4(1) of the Immigration Act 1971.

The Immigration Act 2014 resulted in the loss of appeal rights to the independent Immigration and Asylum Tribunal for many immigration decisions. Individuals can now seek an administrative review in place of an appeal.

Posted by on in EU Law

The Court of Justice of the European Union has given its ruling in a case brought by the European Commission against the UK over its policy of refusing access to certain benefits to non-British EU citizens.

As you will be aware, the outcome of the EU Referendum held in the UK on 23 June 2016 is that the United Kingdom has voted to leave the EU.

In the judgment of Rajendran (s117B – family life) [2016] UKUT 00138 (IAC) the Upper Tribunal (comprising Upper Tribunal Judges Storey and Perkins) reviewed the provisions of section 117B of the Nationality, Immigration and Asylum Act 2002 (as amended) (the ‘2002 Act’) relating to the ‘little weight’ provisions within section 117B(4) and (5) in the context of precarious family life cases.
 
An individual is entitled to exercise their right to obtain information that is held about them under the Data Protection Act 1998. This process is known as a Subject Access Request. The ‘subject’ or ‘data subject’ means an individual. ‘Access’ is the statutory right that an individual has to obtain a copy of the information. In the immigration context, a Subject Access Request allows an individual to access their immigration record held by the Home Office.
 

The President of the Upper Tribunal (Immigration and Asylum Chamber) has recently given guidance on the correct approach to be adopted in applications to amend grounds in judicial review proceedings in R (on the application of Spahiu and another) v Secretary of State for the Home Department (Judicial review – amendment – principles) IJR [2016] UKUT 00230 (IAC).

The European Court of Justice will soon make clear the basis on which Zambrano carers can be deported in answering questions referred to it by the Upper Tribunal (IAC) of the UK and Supreme Court of Spain. Advocate General Szpunar has now provided his opinion.

In Proxy Marriage - Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A proxy marriage involves a union where one or both parties are not present but are represented by another individual, often a family member.

The Office for National Statistics (ONS) recently released its latest Migration Statistics Quarterly Report, which gives estimates of long-term international migration to and from the UK up to December 2015.

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Employers in different sectors of the UK economy could be affected in very different ways if measures are introduced to restrict the jobs that EU migrant workers can occupy following a vote for the UK to leave the EU.

The UK Government’s Immigration Bill has received Royal Assent, completing its passage through Parliament to become law.

In  Ufot, R (On the Application Of) v Secretary of State for the Home Department[2016] EWCA Civ 298 (10 February 2016)  the Court of Appeal considered whether, on the balance of probabilities, an application for leave to remain as a Tier 4 (General) Student had been made prior to the expiry of the Appellant’s leave.

Persons applying for indefinite leave to remain in the UK as a Tier 1 (General) Migrant must meet the requirements within paragraph 245CD of the Immigration Rules. Paragraph 245CD(e) and (f) require the applicant to score either 75 or 80 points (depending on the applicant’s particular circumstances) for attributes under Appendix A to the Immigration Rules.  A set number of points will be awarded based on, amongst other things, past earnings from a 12 month period prior to the date of the application.

In SH (Pakistan) v Secretary of State for the Home Department[2016] EWCA Civ 426 (18 February 2016) the Court of Appeal considered whether the Home Office’s former “evidential flexibility” policy was broader and more flexible than the “evidential flexibility” rule contained at paragraph 245AA of the Immigration Rules, which provides an opportunity for PBS applicants to produce additional evidence in support of their immigration applications in limited circumstances.

The latest quarterly statistics on net migration have been released today with some interesting news in the Tier 1 category. This blog will look at what the statistics show about Tier 1 Entrepreneur and Investor applications.

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