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The Home Office has updated its guidance webpage ‘Coronavirus (COVID-19): advice for Tier 2, 4 and 5 sponsors’ on 3 June 2020 with a new heading, ‘Scanned documents’, which confirms that both prospective and current sponsors may submit scanned copies of supporting documents due to the coronavirus pandemic. The Home Office has ​discretion to request the originals or certified copies. […]Read More »

Background ILPA is a professional association founded in 1984, the majority of whose members are barristers, solicitors and advocates practising in all aspects of immigration, asylum and nationality law. Academics, non-governmental organisations and individuals with a substantial interest in the law are also members. ILPA exists to promote and improve advice and representation in immigration, asylum and nationality law, to […]Read More »

New naturalisation policy guidance covers EU settlement scheme The Home Office issued an updated policy guidance for caseworkers on naturalisation as a British citizen by discretion (under section 6 of the British Nationality Act 1981) on 15 May 2020. This update is significant as it deals for the first time with how non-exercise of EU Treaty rights during the qualifying period by EEA and […]Read More »

The appellant Zimbabwean, who had HIV, appealed against the dismissal of his appeal, concerning the respondent Secretary of State’s refusal to revoke a deportation order made against him, following his conviction of criminal offences. He alleged, before the Court of Appeal, Civil Division, that his deportation would be in breach of art 3 of the European Convention on Human Rights […]Read More »

The Court of Appeal held that there was no statement or representation that was clear, unambiguous and devoid of relevant qualification, contained within the policy guidance for Turkish business people seeking leave to remain in the UK, that the present policy, based on the 1973 Immigration Rules as a result of the standstill clause contained within the Ankara Agreement, would […]Read More »

  Background: attempts to scupper Surinder Singh  The government has always had a bee in its bonnet about Surinder Singh cases. As time went on, the Home Office made it more and more difficult for people to use the Surinder Singh route by introducing requirements which were clearly unlawful. For example, you had to show you transferred your “centre of […]Read More »

A petition urging the Government to support migrants and other vulnerable people during the pandemic has now reached over 20,000 signatures. ‘This is a scandal of neglect. COVID-19 doesn’t discriminate on the basis of citizenship or immigration status but it’s clear the UK’s immigration system does’ – Steve Valdez-Symonds The UK Government must scrap its ‘No Recourse To Public Funds’ policy […]Read More »

In this appeal of a judicial review judgment in respect of the Right to Rent scheme it was held by the Court of Appeal that the High Court had erred in determining that the scheme was incompatible with article 14, in conjunction with article 8, of the European Convention on Human Rights. It was decided that whilst there was a […]Read More »

The Home Office has updated its guidance for endorsing bodies under the Start-up and Innovator routes in light of the coronavirus (COVID-19) pandemic. • endorsing bodies can continue to issue endorsements. However, it should be frank with applicants and check if they are able to travel to the UK. Consideration should also be given as to whether the applicant will […]Read More »

Immigration Health Surcharge (IHS) will increase from £400 to £624. International students and those entering on the Tier 5 (Youth Mobility Scheme) will also see their contributions increase from £300 to £470. The government will also introduce a discounted rate of £470 for children ‘in recognition of the increased financial impact of family groups’. These increases aim to ensure ‘that […]Read More »

The ongoing restrictions on travel to/from China have affected Chinese nationals who are currently in the UK. The Home Office has therefore taken a pragmatic approach in the guidance and announced measures to try to minimise the impact on them, including: Chinese nationals currently in the UK whose leave to remain expires between 24 January 2020 and 30 March 2020 […]Read More »

The Immigration Bill will be introduced to the House of Commons on Thursday 5 March 2020 ending the European Union’s rules on free movement. It represents an important milestone in paving the way for the new UK points-based immigration system. It will be introduced by the Minister for Future Borders and Immigration, Kevin Foster, and marks an historic moment in […]Read More »

Home Office fees has published new proposed fees for 2020. A new, updated table is available below   Enabling Provision (Fees Order) Method of Calculation In-Country / Overseas Fee Category  Current Fee  2020/21 Proposed Fee % Increase Entry clearance as a Visitor for a period of six months or less. Fixed Amount Overseas Visit visa – short up to 6 […]Read More »

MM v NA (declaration of marital status: unrecognised state) Marriage – Validity. A valid marriage performed in, and in accordance with the law of, Somaliland could still be recognised under English law, even though Somaliland might not be officially recognised by the UK Government as a sovereign state in its own right. The Family Division so ruled in granting a […]Read More »

The Windrush Compensation Scheme has been extended to give people more time to make a claim for compensation, the Home Secretary announced on  6 February. Extending the scheme by another two years is one of several measures the Home Secretary is bringing forward as part of the ongoing work to right the wrongs experienced by the Windrush generation. To make […]Read More »

  The Court of Appeal has given judgment in R (AC (Algeria)) v SSHD [2020] EWCA Civ 36. The case is about “grace periods” in unlawful detention claims.  A grace period, as described by Lord Justice Irwin in his judgment, is that period of time allowed to the Secretary of State, once detention has ceased to comply with the Hardial Singh principles, […]Read More »

Immigration Law Practitioners Association (ILPA) has prepared a new report concerning EU citizens and their EU free movement rights in post-Brexit United Kingdom.  Following the UK general election on 12/12/2019, which returned a significant majority for the Conservative Party led by Boris Johnson, ILPA assumes that the October 2019 version of the Withdrawal Agreement will be ratified by both parties, […]Read More »

The Home Office has issued guidance on false representations relating to earnings in Tier 1 (General) applications, aimed at caseworkers considering settlement applications by migrants who have previously held Tier 1 (General) leave. This includes Tier 1 (General) settlement applications under paragraph 245CD of the Immigration Rules and Long Residence settlement applications under paragraph 276B of the Immigration Rules. This […]Read More »

Are you an employer looking for help with employment and immigration law in the UK? Employer Support offers help solely to employers covering all aspects of employment law, discrimination, unfair dismissal, wrongful dismissal as well as immigration law. Given that a civil penalty for one undocumented worker can now reach £20.000 we would strongly suggest that you carefully check all […]Read More »

The Law Commission has published its final report into Simplifying the Immigration Rules, on 14/01/2020. This project was initially commissioned when Amber Rudd was Home Secretary, further to extensive criticism by stakeholders (including the judiciary) as to the complexity of the Rules, which are a primary source of law in UK immigration law. Underlying immigration policy is outside scope of […]Read More »