Immigration Barristers' Blog

Welcome to the blog of Richmond Chambers, where our immigration barristers provide updates and commentary on the latest developments in UK immigration law. Contact us to find out how our immigration barristers can help you achieve a successful outcome to your immigration case.
Richmond Chambers

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Exactly 12 months after starting to hear the case, the Supreme Court has today handed down its long-awaited judgment in R (on the application of MM (Lebanon) (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) [2017] UKSC 10.

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Richmond Chambers

Civil Penalty Appeals Can Be Heard By The Court of Appeal

Civil Penalty Appeals Can Be Heard By The Court of Appeal

In Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017) the Court of Appeal has ruled that it has jurisdiction to hear appeals from the County Court concerning civil penalties imposed under the 2006 Act for employing illegal workers.

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Richmond Chambers

Best interests of children can be outweighed by parental misconduct

Best interests of children can be outweighed by parental misconduct

In Kaur (children's best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context of Article 8. Specificially, the Upper Tribunal considered the scope of the principle that a child must not be blamed for matters for which he or she is not responsible, such as the poor immigration history of a parent.

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Emma Greenwood

What is a ‘Genuine Student’?

What is a ‘Genuine Student’?

Under paragraph 245ZV(k) of the Immigration Rules, an applicant for entry clearance as a student is required to show that he is a ‘genuine student’. Guidance entitled ‘Tier 4 of the points-based system’ version 37.0 published on 30 November 2016 provides guidance as to when it is necessary to interview applicants, and as to how to assess genuineness.

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Richmond Chambers

Applications invited from barristers to join our immigration team

Applications invited from barristers to join our immigration team

Richmond Chambers LLP invites applications from immigration barristers of all levels of call to join our team. Applications will be considered from barristers looking to join chambers on a full-time, permanent basis and also those seeking a part-time dual practice arrangement.

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Richmond Chambers

Immigration Health Surcharge

Immigration Health Surcharge

The Home Office is seeking to amend the way in which the Immigration Health Surcharge operates.

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Thomas Aitken

Meeting the spouse visa financial requirement as a director of a limited company

Meeting the spouse visa financial requirement as a director of a limited company

In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM of the Immigration Rules. A minimum threshold of £18,600 was set, with additional amounts for any ‘relevant’ children.

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Richmond Chambers

Richmond Chambers invites applications for 3 immigration pupillages

Richmond Chambers invites applications for 3 immigration pupillages

We are pleased to offer 3 immigration pupillages, commencing in April 2017, September 2017 and September 2018.

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Richmond Chambers

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review

The Court of Appeal in Oyekan v Secretary of State for the Home Department [2016] EWCA Civ 1352 has found that an application to seek judicial review of an immigration decision before all other remedies had been exhausted was manifestly ill-founded.

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Gillian McCall

Choosing where to get married: Fiancé(e) and Spouse Applications

Choosing where to get married: Fiancé(e) and Spouse Applications

With Christmas and New Year just out of the way and Valentines round the corner, this is the time of the year busiest with engagement announcements. For British residents with their new fiancée overseas, or for individuals from outside of the UK, who want to get married in the UK, it is important to know what your options are to get the right visa.

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Catherine Taroni

Dual British and EU nationals - Transitional Provisions Resurrected

Dual British and EU nationals - Transitional Provisions Resurrected

The new Immigration (EEA) Regulations 2016 (which have mostly yet to come into force) will be amended by the Immigration (European Economic Area) (Amendment) Regulations 2017 (No 1) laid before Parliament on 10 January 2017.

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Richmond Chambers

Chief Inspector of Borders and Immigration report on sham marriages

Chief Inspector of Borders and Immigration report on sham marriages

The Chief Inspector of Borders and Immigration has released a report criticising the Home Office’s approach to tackling so-called ‘sham marriages’.

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Sophia Xiang

Changes to the Appendix FM English Language Requirement

Changes to the Appendix FM English Language Requirement

On 3 November 2016, the Home Office announced changes to the English language requirement for persons applying for further leave to remain as a partner or parent on the 5-year route to settlement under Appendix FM. Introduced by Statement of Changes to the Immigration Rules HC667. These changes are set to take effect from 1 May 2017.

Richmond Chambers

Supplementary decision letters do not undermine the rule of law, says Court of Appeal

Supplementary decision letters do not undermine the rule of law, says Court of Appeal

The Court of Appeal in Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 has issued fresh guidance on the way in which courts and tribunals should view so-called ‘supplementary letters’ (the Court is careful not to refer to them as ‘supplementary refusal letters’ at any point in its judgement).

Alexandra Pease

Out of Country Human Rights Appeals

Out of Country Human Rights Appeals

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI2016/1037) which allows the Secretary of State for the Home Department to certify human rights appeals.

Richmond Chambers

Home Office review of Adult Dependent Relative rules

Home Office review of Adult Dependent Relative rules

The Home Office has published a new review into the Immigration Rules concerning Adult Dependent Relatives (ADR).

Richmond Chambers

Court of Appeal rules on Appendix FM suitability criteria and criminal convictions

Court of Appeal rules on Appendix FM suitability criteria and criminal convictions

The Court of Appeal in Entry Clearance Officer -United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) has ruled that an applicant attempting to enter the UK under the Family Migration Rules will usually need to demonstrate "very compelling factors" for a decision to refuse entrance due to their criminal record to be overturned.

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Catherine Taroni

Supreme Court decision on section 3C: Need for rationalisation and simplification of Immigration Rules

Supreme Court decision on section 3C: Need for rationalisation and simplification of Immigration Rules
The matter of R (on the application of Mirza, Iqbal and Ehsan) v Secretary of State for the Home Department [2016] UKSC 63 was heard by the Supreme Court on 19 October 2016 and the judgment of Lady Hale, Lord Wilson, Lard Carnwath, Lord Hughes and Lord Hodge was given on 14 December 2016.   The appealed Court of Appeal decision is here.
Richmond Chambers

Independent thinktank publishes report on status of EEA nationals in the UK

Independent thinktank publishes report on status of EEA nationals in the UK

A new report published by British Futures has encouraged the government to formalise proposals concerning the status of EU citizens living in the UK post-Brexit.

Catherine Taroni

Judicial review for EEA extended family members

Judicial review for EEA extended family members

The headnote in the Upper Tribunal decision in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC) states simply: “There is no statutory right of appeal against the decision of the Secretary of State not to grant a Residence Card to a person claiming to be an Extended Family Member.” Sala concerned an application for a Residence card as a durable partner. This was refused, appealed and ultimately the Upper Tribunal raised the questions whether the appellant had a right of appeal under the Regulations, and, if so, whether the judge was entitled to exercise the discretion under Regulation 17(4) himself.

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Latest Articles

22 February 2017
Exactly 12 months after starting to hear the case, the Supreme Court has today handed down its long-awaited judgment in R (on the application of MM (Lebanon) (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) [2017] UKSC 10. ...
09 February 2017
In Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017) the Court of Appeal has ruled that it has jurisdiction to hear appeals from the County Court concerning civil penalties imposed under the 2006 Act for employin...
07 February 2017
In Kaur (children's best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context of Article 8. Specificially, the Upper ...
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