Blog
U.K. Broke its Own Equality Law
The U.K. government’s immigration policies broke its own equality laws and led to Black residents with the right to live in the U.K. being deprived of welfare benefits and even deported, a public watchdog found. The Home Office, in charge of domestic affairs in the U.K., repeatedly ignored equality risks as it pushed through a tougher immigration regime, according to […]Read More »Community Sentence for man guilty of providing unregulated immigration advice
Community Sentence for man guilty of providing unregulated immigration advice – 80 hours of unpaid work for Southall man. A London man has been handed a community sentence after pleading guilty to providing unregulated immigration advice. Balvinder Singh Madan, 40, of Hillside Road, Southall, was given 80 hours of unpaid work at Westminster Magistrates Court on Wednesday 28 October after admitting […]Read More »Home Office to stop using racist visa algorithm
From Friday, 7 August, Home Secretary Priti Patel will suspend the “visa streaming” algorithm “pending a redesign of the process,” which will consider “issues around unconscious bias and the use of nationality” in automated visa applications. “The Home Office’s own independent review of the Windrush scandal, found that it was oblivious to the racist assumptions and systems it operates. This […]Read More »Immigration and Nationality Fees
Amendments are made to the Immigration and Nationality (Fees) Regulations 2018 to provide for reduced fees for applications for entry clearance to enter the UK and the Isle of Man and for limited leave to remain in the UK. These reduced fees apply to individuals who are eligible for a ‘Health and Care Visa’ and who are applying under the […]Read More »The Office of the Immigration Services Commissioner
The Office of the Immigration Services Commissioner (OISC) has published the results of its consumer satisfaction survey 2019–20. The survey was launched to ‘offer advice seeking clients the opportunity to share their experience of the service provided by regulated immigration advisers as well as an analysis of the role of the OISC in the process of consumers receiving immigration advice […]Read More »Home Office permits sponsors to scan documents during coronavirus
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 »ILPA remains concerned over Home Office’s response to coronavirus
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 »UK Citizenship
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 »Deportation – ill health
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 »Turkish Business People Ltd v SSHD
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 »No need to be a “qualified person” to use the Surinder Singh route
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 »Migrant workers in desperate need of crucial financial support during COVID-19 pandemic
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 »Right to rent scheme for residential lettings – the Court of Appeal decision
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 »Start-up and Innovator
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 to increase to £624 per year
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 »Chinese nationals in the UK – coronavirus
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 »End of free movement
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 for 2020
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 »Validity of a marriage
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 »Windrush Compensation Scheme extended
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 »