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Appendix FM of the Immigration Rules imposes an English language requirement on those seeking entry clearance or leave to remain in the UK as a partner or as a parent of a child in the UK.

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The Court of Appeal heard the Secretary of State’s appeal against the determination of the Upper Tribunal in Ahmadi (s47 decision: validity; Sapkota) [2012] UKUT 147 (IAC).

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This case concerned a challenge by way of Judicial Review of the legality of paragraph 319C(h)(i) of the Immigration Rules. This requires those who are applying for leave to remain as the partner of a relevant Points Based System (‘PBS’) Migrant to have, or have last been granted, leave to remain as the partner of a PBS Migrant.

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From 13 December 2012 changes were introduced to the good character requirement in relation to applications for British citizenship. Applications made on or after 13 December 2012 which feature a criminal conviction will no longer be assessed against the Rehabilitation of Offenders Act 1974. From 1 October 2012 certain immigration and nationality decisions were exempt from section 4 of the Rehabilitation of Offenders Act 1974. The concept of a conviction becoming ‘spent’ no longer applies when making an assessment of good character for the purposes of nationality applications. As a consequence, UKBA caseworkers will now apply the sentence thresholds contained within the Nationality Instruction on Good Character.

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The requirement to provide the UK Border Agency (UKBA) with biometric information has changed, with effect from 1st December 2012.

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Acquisition of citizenship in the EU

Posted by on in British Citizenship

In 2010, 810,500 persons acquired citizenship of an EU27 Member State. The highest number of citizenships were granted by the United Kingdom (195,000 persons), France (143,000), Spain (124,000) and Germany (105,000), which together accounted for 70% of all citizenships granted by the EU27 Member States.

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The Chief Inspector of Prisons has recently carried out an announced inspection of Cedars pre-departure accommodation, where families are detained for up to a week immediately before removal. The centre has largely replaced the detention of children in Yarl's Wood immigration removal centre.

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Hundreds of asylum seekers in Scotland, including children and pregnant women, are being left completely destitute with no support and nowhere to live, and yet they have no way of returning home safely, according to Scottish refugee charities.

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In a new report on the situation of unaccompanied minors in the EU, the European Commission has called for improved efforts at both national and European level to respond effectively and in full respect of the rights of the child to this complex transnational challenge.

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Limited grounds for detention, better detention conditions, swifter access to the labour market and an early assessment of possible medical or psychological needs are among the improvements to the current EU rules on the reception and treatment of asylum seekers endorsed by the European civil liberties committee.

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The Joint Committee on Human Rights has launched an inquiry into the human rights of unaccompanied migrant children and young people in the UK, with a particular focus on those who are seeking asylum or have been the victims of trafficking.

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The UK Border Agency (UKBA) has published guidance on its approach following the Supreme Court judgment in the case of Alvi.

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Dover Immigration Removal Centre (IRC) had made progress and improved in some key areas, said Nick Hardwick, Chief Inspector of Prisons, publishing the report of an unannounced short follow-up inspection of the removal centre in Kent. There remained, however, a need for greater practical help for detainees.

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The European Commission has published its report on the development of the European Migration Network (EMN), a Commission-led network with national contact points in each Member States, as well as Norway.

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The Home Affairs Select Committee has published a report focusing on passport queues following concern over the chaotic scenes witnessed at major UK ports this year. The Committee found that passport queues have been too long at major national ports for the last year.

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A recent report, 'The Fact of Age', issued by Maggie Atkinson, Children's Commissioner for England has revealed problems still occur in age assessments of children seeking asylum. Decision-making often does not function smoothly, which could result in children being judged to be adults.

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From 9th July 2012, anyone applying for the first time as a spouse, civil partner, unmarried or same sex partner, fiancé(e) or proposed civil partner will have to show a higher amount of income and/or savings than previously.

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The European Commission has published a Report on the 2011 developments in the areas of immigration and asylum, accompanied by a Eurobarometer on European citizens' attitudes towards cross-border mobility, migration and security.

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The Government should switch to a more rational method of measuring student migration flows and only count students who stay on in the UK permanently in net migration figures, according to a new report published by the think tank IPPR.

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The United Nations Special Rapporteur on the human rights of migrants, François Crépeau, will undertake a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union.

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