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.
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.
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.
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.
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  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)  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.
In Ufot, R (On the Application Of) v Secretary of State for the Home Department 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 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.