‘Switching from one immigration category to another, from inside the UK, is not always straightforward. Certain routes allow you to stay in the UK under the Immigration Rules by switching visa category, whilst others do not. The updated Points-Based System (PBS), introduced at the end of 2020, has opened more visa categories to in-country switching.’
EIN Blog, 17th August 2021
Source: www.ein.org.uk
‘More than half a million European citizens living in the UK are still awaiting a decision over their status six weeks on from the June deadline for the settlement scheme.’
The Independent, 12th August 2021
Source: www.independent.co.uk
‘The Home Office has issued new right-to-work guidance as the Brexit transitional arrangements for EU workers in the UK came to an end on 30 June 2021.’
Law Society's Gazette, 2nd August 2021
Source: www.lawgazette.co.uk
‘On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has held that the SSHD had erred in refusing an ILR application made by Mr Chandra Mungur – a citizen of Mauritius – because it could not be said that he had “left the United Kingdom in circumstances in which he had no reasonable expectation at the time of leaving that he would lawfully be able to return” during the period relied upon as 10 years’ continuous residence. While Mr Mungur had left the UK in 2001 following expiry of his visit visa, he had done so with the intention and expectation of lawfully returning as soon as possible under a student visa. Mr Mungur had obtained a visitor visa valid from 22 March 2001 to 22 September 2001. He entered the UK as a visitor on 16 April 2001 and left on 1 September 2001 “to return to Mauritius to apply for Entry Clearance as a student”. That application was granted on 25 September 2001 and was valid until 25 September 2003. On 5 October 2001, he entered the UK again and by a succession of applications he applied for and was granted further leave to remain successively first as a student and then as a work permit holder. He remained lawfully in the UK from 25 September 2003 until 13 July 2011. He overstayed for 1,947 days when his leave to remain expired on 13 July 2011 until 10 February 2016.’
EIN Blog, 23rd July 2021
Source: www.ein.org.uk
‘A group of Fijian-born soldiers who sued the government after being classified as illegal immigrants have been granted leave to remain in the UK, despite losing their legal battle against the Ministry of Defence (MoD) and the Home Office.’
The Guardian, 11th July 2021
Source: www.theguardian.com
‘As to the seven year rule saga, the Court of Appeal has held that in a situation where a child whose parents had no entitlement to leave to remain in the UK applied for leave to remain pursuant to paragraph 276ADE(1)(iv) of the Immigration Rules on the basis that they had seven years’ continuous residence and it would not be reasonable to expect them to leave, the starting point is that it would be reasonable to expect them to leave with their parents. Overstayers “NA” and “SB” were a married couple and were Bangladeshi nationals whose children “YS” and “YA” were born in the UK. The family appealed against a decision of the Upper Tribunal upholding the SSHD’s refusal of their application for leave to remain in the UK. In April 2018 the family applied for leave to remain. YS had made his claim under paragraph 276ADE(1)(iv) on the basis that he had lived continuously in the UK for at least seven years and it would not be reasonable to expect him to leave. His parents and brother had no entitlement to remain under the rules but contended that their removal would interfere with their rights pursuant to article 8 of the ECHR. The decision-maker refused all four applications. In May 2019, FTTJ Bart-Smith dismissed the appeals and UTJ Stephen Smith subsequently found an error of law in the FTT’s decision but re-made it by again dismissing the appeal in November 2019.’
EIN Blog, 6th July 2021
Source: www.ein.org.uk
‘EU citizens are struggling to apply for post-Brexit settled status as the Home Office reaches “breaking point” coping with a last-minute surge in applications. With three days before the deadline of the EU settlement scheme this Wednesday, campaigners say late applicants are being stuck in online queues as others find it impossible to access advice on the government helpline.’
The Guardian, 26th June 2021
Source: www.theguardian.com
‘R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin) (09 June 2021). Mostyn J has held that the SSHD had erred when formulating in Annex 1 paragraph (b) of Appendix EU to the Immigration Rules the definition of a “person with a Zambrano right to reside” as “a person … without leave to enter or remain in the UK, unless this was granted under this Appendix”. His Lordship held that it is clear from the decision of the CJEU in Ruiz Zambrano v Office National de l’Emploi (C-34/09), [2012] QB 265, that the holding of a limited national leave to remain and a wider right to remain could and would co-exist in many cases. Furthermore, the natural, fair, reasonable and plain meaning of the words set out in regulation 16 of the Immigration (European Economic Area) Regulations 2016 entitles an applicant for a derivative right to reside to have the application determined by reference to the prescribed eligibility criteria set out in the regulation rather than being struck out peremptorily. A Nigerian national, Olorunfunmilayo Oluwaseun Akinsanya arrived in the UK in 2006. She had four children, one of whom, C (aged 10), is a British national and she is C’s sole carer. Akinsanya had a six-month visitor visa. She then had a two-year family visit visa. When C was one year old, she applied for a derivative residence card as the Zambrano carer of C. The application was refused, but Akinsanya was successful in her appeal to the FTT and she was then issued with a five-year derivative residence card in September 2014.’
EIN Blog , 21st June 2021
Source: www.ein.org.uk
‘The High Court found the Secretary of State erred in law when framing her definition of a “person with a Zambrano right to reside” under the EU Settlement Scheme (“EUSS”). Mostyn J held that (contrary to Home Office policy) a primary carer of a UK citizen child may have a derivative right to reside on Ruiz Zambrano grounds even where they are entitled to limited leave to remain on another basis, such as under Article 8 of the European Convention on Human Rights.’
Doughty Street Chambers, 14th June 2021
Source: insights.doughtystreet.co.uk
‘If you are an EU national resident in the UK before Brexit you can protect your right of residence. All you need to do is make an application for settled status or pre-settled status. This application is made online and, if you avoid technical difficulties, will take only a few minutes to complete. The deadline is 30 June 2021.’
EIN Blog, 7th June 2021
Source: www.ein.org.uk
‘Nearly £30m has been offered in compensation to victims of the Windrush scandal, it has been confirmed, amid criticism over slow payments.’
BBC News, 27th May 2021
Source: www.bbc.co.uk
‘A 10-year-old girl has been refused EU settled status despite the fact that all of her immediate family members have been granted it.’
The Independent, 28th May 2021
Source: www.independent.co.uk
‘Priti Patel has unveiled a US-style digital visa system that she claimed would help the government to count numbers of people entering and leaving the UK accurately for the first time.’
The Guardian, 23rd May 2021
Source: www.theguardian.com
‘Mrs Lynda Mahabir came to the UK as a baby aged two months in 1969. She lived in the UK until 1977 but was forcibly removed by her father to Trinidad in 1977. The Home Office’s failure to document her lawful immigration status meant that she was unable to return to the UK for 41 years, when she was finally granted leave to remain pursuant to the Windrush scheme in 2018. However, the Home Office demanded £22,909 in application fees from her husband and five children (including two minors) and refused to consider their entry visa applications under the Windrush scheme. But the family did not have the £22,909 to pay the Home Office. Sitting as a Deputy High Court Judge, Mr Tim Smith held that the SSHD committed “a colossal interference” in Mrs Mahabir’s right to family life because she either had to forego the remedies the executive had put in place with the express intention of remedying the injustice suffered by her and others like her, or else she had to break up the family. Notably, she broke up the family, hoping that it was only temporary, but in the process she suffered the “colossal interference” with her right to family life identified by Lord Wilson in R (Quila) v SSHD [2012] 1 AC 621. The court noted that by 2018 heartbreaking accounts of the Windrush scandal were reported in the media. The plight of Windrush victims was well known indeed, and these events marked a racist epoch in British history.’
EIN Blog, 17th May 2021
Source: www.ein.org.uk
‘A Windrush man who has been stranded in Trinidad and Tobago for almost 40 years after his UK citizenship was withdrawn is set to return to Britain.’
The Independent, 29th April 2021
Source: www.independent.co.uk
‘Boris Johnson has promised football groups that the government will consider using what he called “a legislative bomb” to stop English clubs joining a breakaway European Super League, as official efforts to thwart the plan were stepped up.’
The Guardian, 20th April 2021
Source: www.theguardian.com
‘The wife of a British wrestling champion who has won gold medals for the country has hit out at the UK’s “cruel” immigration rules after his wife was refused a visa.’
The Independent, 17th April 2021
Source: www.independent.co.uk
‘Thousands of European children living in care in the UK face becoming undocumented within months as only one in four has been granted post-Brexit immigration status, data reveals.’
The Independent, 30th March 2021
Source: www.independent.co.uk
‘Migrant workers have been essential to the operations of the NHS ever since its inception in 1948. Over the decades, many programmes have been used to encourage and find overseas workers and help them migrate to the UK to be employed in the healthcare system, demonstrating our governments acknowledgment of how important they are. As early as 1949, campaigns were made by the UK government in the Caribbean to recruit NHS staff, through advertisements in local newspapers.’
UK Human Rights Blog, 17th March 2021
Source: ukhumanrightsblog.com
‘This leaflet provides the key points of the Hong Kong BN(O) visa, including who can apply, how to apply, costs and eligibility requirements.’
Home Office, 31st January 2021
Source: www.gov.uk/home-office
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