Category: immigration

Implications for expulsions following the Supreme Court ruling of AM (Zimbabwe) – Garden Court Chambers

Posted June 4th, 2020 in appeals, government departments, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘Cases where applicants seek to resist removal from the UK because of adverse health consequences have given rise to both great passions and difficult points of principle. The decision of the Supreme Court in AM (Zimbabwe) [2020] UKSC 17 gave the opportunity for the UK’s approach to catch up with that taken by the ECtHR in recent years. In this post we look at the implications of the judgment both generally and in relation to two specific scenarios, namely destitution and “fitness to fly”.’

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Garden Court Chambers, 19th May 2020

Source: www.gardencourtchambers.co.uk

36 Emergency Powers Group Newsletter – The 36 Group

Posted June 3rd, 2020 in assault, burden of proof, chambers articles, coronavirus, emergency powers, freedom of movement, human rights, immigration, landlord & tenant, news by sally

‘1. Knowing Your R’s from Your Elbow: Wrongful Convictions in the Time of Coronavirus – Arthur Kendrick & Tom Parker
2. “Repugnant to Ordinary Notions of Fairness”? The Burden of Proof in the ‘Leaving Home’ Offence – Catherine Rose
3. Beyond the Emergency Legislation: Offences of Deliberate Infection – Michael Haggar
4. To Derogate or Not to Derogate: Are the Lockdown Restrictions Compatible with the European Convention on Human Rights? – Nadeem Holland
5. Landlord and Tenant Rights in the Pandemic – Karen Reid
6. Immigration Appeals in the Age of Corona – Tom Wilding’

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The 36 Group, 2nd June 2020

Source: 36group.co.uk

Indefinite Leave to Remain as a Bereaved Partner – Richmond Chambers

Posted June 2nd, 2020 in bereavement, coronavirus, immigration, married persons, news by sally

‘Daily reports of death during the Covid-19 pandemic has made many of us think about loved ones, how to protect them and the implications of life without them. If your leave to enter or remain is dependent on a relationship, what does happen if a partner passes away? The Immigration Rules in fact provide a route for indefinite leave to remain (ILR) as a bereaved partner. In this post we look at the requirements.’

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Richmond Chambers, 22nd May 2020

Source: immigrationbarrister.co.uk

British citizenship after obtaining EU Settled Status – Richmond Chambers

Posted June 2nd, 2020 in citizenship, domicile, EC law, families, immigration, news, treaties by sally

‘EU Settled Status is a relatively new form of indefinite leave to remain (ILR) for which EEA nationals and family members have to apply by 30 June 2021. In this post we look at how to obtain British citizenship after obtaining EU Settled Status.’

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Richmond Chambers, 25th May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa: Genuineness and Legal Certainty – Richmond Chambers

Posted June 2nd, 2020 in chambers articles, immigration, news, subsidiary companies, visas by sally

‘Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience, the ownership and control held by the sole representative and their partner, and refuse if it considers the application is merely a way to facilitate the sole representative’s entry or stay.’

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Richmond Chambers, 28th May 2020

Source: immigrationbarrister.co.uk

Righting wrongs: interview with Martin Forde QC – Counsel

Posted June 1st, 2020 in citizenship, colonies, compensation, documents, government departments, immigration, news by sally

‘One year on from the launch of the Windrush compensation scheme, the silk who oversaw its design talks to Natasha Shotunde about the scandal, British attitudes to migration and citizenship, and misconceptions holding applicants back from rightful compensation.’

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Counsel, June 2020

Source: www.counselmagazine.co.uk

Windrush scandal: only 60 victims given compensation so far – The Guardian

Posted June 1st, 2020 in citizenship, colonies, compensation, deportation, documents, government departments, immigration, news, statistics by sally

‘Only 60 people have received Windrush compensation payments during the first year of the scheme’s operation, with just £360,000 distributed from a fund officials expected might be required to pay out between £200m and £500m.’

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The Guardian, 28th May 2020

Source: www.theguardian.com

Sole Representative Visa: Ownership and Control – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘Compared to other routes under the Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional requirement: ‘genuineness’. From 4 June 2020, the Rules will be amended to explicitly refer to this requirement, by inserting the word ‘genuinely’ before listing the requirements for entry clearance.’

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Richmond Chambers, 21st May 2020

Source: immigrationbarrister.co.uk

Sole Representative Visa Route to Change from 4 June 2020 – Richmond Chambers

Posted May 29th, 2020 in immigration, news, regulations, subsidiary companies, visas by sally

‘In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas business visa category from 4 June 2020.’

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Richmond Chambers, 18th May 2020

Source: immigrationbarrister.co.uk

Public Funds Part 3: Change of conditions to allow access to public funds – Richmond Chambers

Posted May 26th, 2020 in benefits, chambers articles, immigration, news by sally

‘In this third post, following on from Public Funds Part 1: Public Funds and Coronavirus and Public Funds Part 2: Claiming Child Benefit we consider how to apply for a change of conditions to allow access to public funds, for individuals who are in the UK with limited leave to enter or remain subject to a condition of having no recourse to public funds.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Court rules bar set too high for NHS surcharge and visa fee waivers – The Guardian

Posted May 22nd, 2020 in emergency services, fees, government departments, immigration, medical treatment, news, visas by sally

‘A court ruling has given hope to thousands of migrants, including health and care workers, that they will no longer have to pay visa and NHS surcharge fees if they cannot afford them.’

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The Guardian, 21st May 2020

Source: www.theguardian.com

Article 6 applies to challenge to conditions imposed on suspected Al-Qaeda affiliate – an extended look – UK Human Rights Blog

Posted May 21st, 2020 in human rights, immigration, news, proscribed organisations, terrorism by sally

‘In a complicated but very important decision, the High Court has ruled as a preliminary issue that the procedural protections under Article 6 which require a person to be given sufficient information about the allegations against them so they can give effective instructions to their lawyers will apply to a challenge to conditions imposed by order on a man suspected to have affiliations to Al-Qaeda.’

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UK Human Rights Blog, 19th May 2020

Source: ukhumanrightsblog.com

Lawyers deny British army to blame for veterans’ illegal immigrant status – The Guardian

Posted May 21st, 2020 in armed forces, government departments, immigration, judicial review, medical treatment, news by sally

‘Government lawyers have rejected a claim brought by eight Commonwealth army veterans, dismissing their allegations that, on discharge, officials failed to assist them with complex, unaffordable immigration rules, leaving them classified as illegal immigrants.’

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The Guardian, 20th May 2020

Source: www.theguardian.com

Public Funds Part 2: Claiming Child Benefit – Richmond Chambers

Posted May 19th, 2020 in benefits, children, coronavirus, immigration, news by sally

‘In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition – child benefit.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Public Funds Part 1: Public Funds and Coronavirus – Richmond Chambers

Posted May 18th, 2020 in benefits, chambers articles, coronavirus, government departments, human rights, immigration, news by sally

‘No Recourse to Public Funds (NRPF) is a condition imposed on an individual’s immigration status in the UK, which prevents them from accessing certain benefits and forms of support. This continues to cause concern and particularly more so now for those whose income has been impacted by the Covid-19 pandemic. This article will form part of a series of 3 articles on public funds and the recent developments in light of the Coronavirus outbreak.’

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Richmond Chambers, 15th May 2020

Source: immigrationbarrister.co.uk

Migrants Falling Through Cracks In Covid-19 Homelessness Support, Lawyers Warn – Each Other

Posted May 14th, 2020 in coronavirus, homelessness, immigration, landlord & tenant, news, repossession by sally

‘Undocumented migrants are being forced to sleep rough during the coronavirus pandemic amid an increase in illegal evictions and a lack of government guidance, lawyers have warned.’

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Each Other, 13th May 2020

Source: eachother.org.uk

Immigration Law Update May 2020 – 4 King’s Bench Walk

Posted May 12th, 2020 in deportation, detention, human rights, immigration, medical treatment, news, refugees, Supreme Court by sally

‘Immigration Law Update with articles from Kate Jones, Tori Adams, Daniel Wand, Ben Haseldine and Jyoti Wood.’

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4 King's Bench Walk, 5th May 2020

Source: www.4kbw.co.uk

Boy, 8, Wins Legal Bid Against Home Office Policy Which Left Him Street Homeless – Each Other

Posted May 12th, 2020 in benefits, children, homelessness, housing, human rights, immigration, ministers' powers and duties, news by sally

‘An eight-year-old British boy and his migrant mum were unlawfully made street homeless by a Home Office policy which denied them social security payments, a court has ruled.’

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Each Other, 8th May 2020

Source: eachother.org.uk

Home Office’s denial of benefits to migrant families unlawful, court rules – The Guardian

Posted May 11th, 2020 in benefits, children, families, government departments, human rights, immigration, news by sally

‘Lawyers for an eight-year-old British boy have won a ruling that a Home Office policy denying families like his access to the welfare safety net is unlawful.’

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The Guardian, 7th May 2020

Source: www.theguardian.com

The desire to live: AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17 – No. 5 Chambers

Posted May 7th, 2020 in appeals, deportation, government departments, HIV, human rights, immigration, interpretation, medical treatment, news, Supreme Court by sally

‘In AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17, Lord Wilson calls the European Court on Rights out on its claim that in Paposhvili v Belgium [2017] Imm AR 867, it was doing no more than “clarifying” its judgment in N v United Kingdom (2008) 47 EHRR 39 as to the circumstances in which removal or deportation will breach Article 3 of the European Convention on Human Rights. Close readers of the judgment in Paposhvili will be well aware of the numerous points at which the court uses, it is hard to doubt, intentionally, the very same language as is used in N to come to different conclusions.’

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No. 5 Chambers, 29th April 2020

Source: www.no5.com