Category: visas

Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

Home Office confirms that EEA(FM) application form is not mandatory – Free Movement

Posted April 13th, 2015 in documents, EC law, freedom of movement, government departments, immigration, news, visas by sally

‘In a useful policy document explaining internal processes within the UK Visas and Immigration department of the Home Office, it is confirmed that applicants for EU free movement documents such as residence certificates, residence cards and family permits do NOT have to use the forms provided by the Home Office.’

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Free Movement, 9th April 2015

Source: www.freemovement.org.uk

Stranded Spouses and Immigration Control – Family Law Week

Posted April 1st, 2015 in children, domestic violence, families, immigration, jurisdiction, marriage, news, visas, women by sally

‘Sulema Jahangir, solicitor with Dawson Cornwell, explains the plight of wives and mothers who are stranded in foreign countries, often separated from their children, and unable to return to England because of immigration restrictions.’

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Family Law Week, 31st March 2015

Source: www.familylawweek.co.uk

High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

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Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

Modern slavery bill amendment rejected by MPs – The Guardian

Posted March 18th, 2015 in bills, employment, forced labour, immigration, news, visas by sally

‘MPs have rejected an amendment made by the Lords to the modern slavery bill, which would allow migrant workers to change employer.’

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The Guardian, 17th March 2015

Source: www.guardian.co.uk

New immigration rules for visitors to the United Kingdom – Free Movement

Posted March 3rd, 2015 in immigration, news, regulations, visas by sally

‘A new set of rules for visitors to the United Kingdom has been introduced to take effect on all applications made on or after 24 April 2015. The changes are brought about by Statement of Changes to the Immigration Rules HC 1025. The changes were billed in advance as a simplification of the old rules. Closer inspection reveals a reduction in the number of categories of visitor but a great deal of added complexity to the way the rules are drafted and a new set of sub-appendices to the appendices. The Home Office is unique in the universe for its immunity to the Second Law of Thermodynamics, it seems.’

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Free Movement, 3rd March 2015

Source: www.freemovement.org.uk

Lords inflict government defeat over visa laws – BBC News

Posted February 26th, 2015 in amendments, bills, news, parliament, visas by sally

‘The government has suffered a narrow defeat in the House of Lords over its Modern Slavery Bill.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

Spouse migration rules ‘unfair’ to UK citizens, admits minister – BBC News

Posted February 11th, 2015 in citizenship, families, immigration, married persons, news, visas by sally

‘Home Office Minister James Brokenshire has admitted UK-born citizens who want to bring their spouses into the UK from outside the EU are getting a raw deal.’

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BBC News, 10th February 2015

Source: www.bbc.co.uk

Court of Appeal upholds exclusion from UK of anti Muslim speakers at English Defence League rally – Free Movement

Posted February 10th, 2015 in appeals, freedom of expression, judicial review, news, speeches, visas by sally

‘The case of R (On the Application Of Geller & Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 45 was an application to the Court of Appeal against a refusal by the Upper Tribunal to grant permission for judicial review by Pamela Geller and Robert Spencer, the founders ‘Stop Islamization of America’, referred to by the Secretary of State as an anti-Muslim hate group. This contributor was previously unaware of Geller and Spencer’s work, but after 5 minutes on YouTube was in rare agreement with the Secretary of State. They had planned to visit the UK in the aftermath of the murder of Drummer Lee Rigby, to address a rally planned by the English Defence League in Greenwich on Saturday 29 June 2013, armed forces day.’

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Free Movement, 10th February 2015

Source: www.freemovement.org.uk

McCarthy and EU family permits – Free Movement

Posted January 29th, 2015 in EC law, families, freedom of movement, immigration, news, visas by sally

‘Last last year the Court of Justice of the European Union handed down judgment in the case of McCarthy v United Kingdom C-202/13. In some ways it is a very straightforward case: the UK is not permitted to require residence card holding family members of EEA nationals to apply for yet further documentation in the form of an entry permit.’

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Free Movement, 29th January 2015

Source: www.freemovement.org.uk

Rejection of visit visa to attend funeral: analysis – Free Movement

Posted January 21st, 2015 in accidents, bereavement, children, documents, evidence, families, freedom of movement, human rights, news, road traffic, visas, Zimbabwe by sally

‘In the news today we can see that an Entry Clearance Officer has rejected an application for a visit visa for two grandparents who wish to travel to the UK to attend the funeral of their 5 year old grandchild, tragically killed in a car accident before Christmas. The family is devastated, obviously. The issue was raised at Prime Minister’s Questions by the local MP and a review was promised. The Immigration Minister, James Broken-shire, has very swiftly conducted the review and the refusal has been maintained. He says his decision has been taken “on the full facts of the case”.’

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Free Movement, 20th January 2015

Source: www.freemovement.org.uk

Counter Terrorism and Security Bill unveiled – Home Office

Posted November 27th, 2014 in bills, citizenship, news, passports, terrorism, visas by sally

‘Urgently-needed legislation which will give the UK some of the toughest powers in the world to tackle the increasing threat from international terrorism was introduced today.’

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Home Office, 26th November 2014

Source: www.gov.uk/home-office

Giving evidence in court – UK Visas and Immigration

Posted November 21st, 2014 in codes of practice, immigration, news, visas, witnesses by tracey

‘Modernised guidance for how UK Visas and Immigration prepares and gives evidence in court, and what it expects when it gives evidence.’

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UK Visas and Immigration, 20th November 2014

Source: www.gov.uk/government/organisations/uk-visas-and-immigration

Julien Blanc ‘denied visa to enter UK’: Controversial ‘pick-up artist’ barred after petition signed by thousands – The Independent

Posted November 20th, 2014 in harassment, news, visas, women by tracey

‘Controversial “pick-up” artist Julien Blanc has been denied a visa to enter the UK after a sustained campaign to prevent him from touring in Britain, it has been reported.’

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The Independent, 19th November 2014

Source: www.independent.co.uk

R (Lord Carlile of Berriew QC and others) v Secretary of State for the Home Department – Supreme Court

Posted November 18th, 2014 in appeals, law reports, ministers' powers and duties, parliament, proportionality, Supreme Court, terrorism, visas by sally

R (on the application of Lord Carlile of Berriew QC and others) (Appellants) v Secretary of State for the Home Department (Respondent) [2014] UKSC 60 (YouTube)

Supreme Court, 12th November 2014

Source: www.youtube.com/user/UKSupremeCourt

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Posted November 13th, 2014 in appeals, freedom of expression, human rights, law reports, parliament, Supreme Court, visas by tracey

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

Judge orders Home Office border agency to explain sham company failures – Daily Telegraph

Posted October 28th, 2014 in disclosure, fraud, government departments, immigration, news, visas by sally

‘Judge Peter Ross criticises the Border Force for failing to follow up information which suggested Milton Keynes-based firm was operating an immigration scam.’

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Daily Telegraph, 27th October 2014

Source: www.telegraph.co.uk

Advertising watchdog bans three ‘copycats’ of government websites – The Guardian

Posted September 17th, 2014 in advertising, birth certificates, documents, internet, news, passports, visas by tracey

‘The advertising watchdog has banned three “copycat” websites masquerading as government channels for health insurance cards, passports and birth certificates, leaving consumers thousands of pounds out of pocket.’

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The Guardian, 17th September 2014

Source: www.guardian.co.uk

Students without indefinite leave to are ineligible for student loans – UK Human Rights Blog

Posted September 11th, 2014 in appeals, education, human rights, immigration, news, visas by sally

‘The United Kingdom was not in breach of the human rights of those individuals ineligible for student loans because they did not have indefinite leave to remain in the country. The relevant legislation limits eligibility for student loans to those who are “settled” in the United Kingdom (within the meaning of the Immigration Act 1971 ) and who have been ordinarily resident in the UK for three years.’

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UK Human Rights Blog, 11th September 2014

Source: www.ukhumanrightsblog.com

Former MI6 counter-terrorism chief warns against rush to overhaul UK laws – The Guardian

Posted August 26th, 2014 in bills, citizenship, news, proscribed organisations, terrorism, visas by tracey

‘Britain should resist a rush to overhaul its fundamental legal principles in the face of an “unproven threat” from homegrown militants fighting in Syria and Iraq, the former global counter-terrorism director of MI6 has said. In an interview with the Guardian, Richard Barrett criticised government plans for new laws to tackle British extremists and warned against Boris Johnson’s suggestion that Britons who travel to Iraq or Syria should be presumed guilty of involvement in terrorism unless they can prove their innocence.’

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The Guardian, 25th August 2014

Source: www.guardian.co.uk