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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 »

London City Associates Director, Alexandra Zernova to pay £5,500 after pleading guilty to providing unlawful immigration advice. Alexandra Zernova, sole Director of London City Associates and former employee of charity Solicitors International Human Rights Group, (SIHRG), appeared at Westminster Magistrates’ Court on Monday 13 January for sentencing following a successful prosecution brought by the Office of the Immigration Services Commissioner […]Read More »

A new report by Mayor of London outlines an updated estimate of the numbers of young Londoners who are foreign-born, or foreign nationals, and disaggregates the likely numbers who are undocumented and who are nationals of EEA+ countries. The report outlines which London boroughs have particular concentrations of children and young people from a migrant backgound and concludes with a […]Read More »

The Appellant applied for leave to remain in the UK as a Tier 1 (Entrepreneur) Migrant. In order to succeed as Tier 1 (Entrepreneur) , the Appellant had to score 75 points for Attributes under paragraphs 35 to 53 of Appendix A. In order to reach the required number of points, the Appellant had to provide evidence that he had […]Read More »

The Upper Tribunal considered the test set out in Regulation 9 of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 which seeks to implement R v Immigration Appeal Tribunal and Surinder Singh Case and subsequent judgments. The Upper Tribunal found that the: ‘requirement to have transferred the centre of one’s life to the host member state is not a […]Read More »

An Albanian national applied to the SSHD for a derivative residence card as the primary carer of her EU citizen (Irish) self-sufficient child. The family were reliant on the unlawful income of Mr Bajratari in the UK. The question before the CJEU was whether income from employment that is unlawful under national law establishes, in whole or in part, the […]Read More »

R (on the application of Project for the Registration of Children as British Citizens and others) v Secretary of State for the Home Department The proceedings concerned the rights and best interests of children in the context of the acquisition of British citizenship by registration. Children born in the UK who had a parent who was either a British citizen, […]Read More »

The government has given the Adjudicators Office responsibility over conducting independent reviews of Windrush Compensation decisions and examine how complaints about the handling of Windrush Compensation Scheme claims have been managed. From 30 December 2019, the adjudicator can consider a request for review or an escalation of a complaint from a claimant, or an authorised representative, including the authorised representative […]Read More »

An applicant cannot rely on a period of temporary admission granted under the Immigration Act 1971 or immigration bail as lawful residence. This is even if their leave is subsequently regularised, held Court of Appeal in CI (Nigeria) v Secretary of State for the Home Department [2019] EWCA Civ 2027 Being lawfully resident in the UK pending the determination of a claim […]Read More »

THE COURT OF Appeal of Northern Ireland will today hear the case of a Derry woman who was ruled to be a British citizen, despite her identifying as Irish since being born in Northern Ireland.  Emma De Souza has lodged a challenge in the Court of Appeal in Belfast to a ruling that those born in Northern Ireland are automatically […]Read More »

Court finds “mass of evidence” against Home Office child citizenship fee  Lawyers and campaigners urge Government to act quickly to end its practice of “shameless profiteering” from children’s citizenship rights ‘This is a landmark ruling. But the fight for justice for children born and growing up in the UK goes on’ – Carol Bohmer The High Court in London has today ruled […]Read More »

Mrs Karagul and her family was granted Limited Leave to enter on 13/07/2015 and arrived in the United Kingdom on 11/08/2015. On 01/12/2015, Mrs Karagul applied for Leave to Remain under the Agreement establishing an Association between the European Economic Community and Turkey in order to establish herself in business, working as a mobile beauty therapist (the Agreement permits Turkish […]Read More »

he Chief Inspector invites anyone with knowledge and experience of the Home Office’s use of sanctions and penalties to encourage and enforce compliance with border and immigration controls. Launching the ‘call for evidence’, David Bolt said: I have recently begun an inspection of the Home Office’s use of sanctions and penalties to encourage and enforce compliance with border and immigration […]Read More »

Immigration – Appeal. In addressing claims for derivative right of residence in the United Kingdom by those without rights of residence, the Supreme Court examined the rights of two appellants in the light of Court of Justice of the European Union (CJEU) case law. The Court held that the CJEU had drawn a distinction between the case of a EU […]Read More »