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What are ‘insurmountable obstacles’ to family life?
By Caspar Latham - Legal Associate

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to...

 acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights.  This will be possible if they are able to show that they would face...

Grounds of appeal after the Immigration Act 2014
By Robin Pickard - Legal Associate

The Immigration Act 2014 (“the 2014 Act”) made major changes to the immigration appeals landscape. The 2014 Act reduced the grounds of appeal by 13 (17 to four). This is important because it means that there...

 are now fewer circumstances in which the refusal of an immigration application can be challenged. The provisions in the 2014 Act were phased and came fully into force on 06 April 2015.  What is an...

Rights of appeal after the Immigration Act 2014
By Robin Pickard - Legal Associate

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the...

 Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed...

Family reunion for children under threat in case of no deal brexit
By Richmond Chambers -

A no-deal Brexit could mean that the current system of family reunification could cease to exist. It seems that the Government has briefed the UN refugee agency, the UNHCR and advised them that in the event of...

 us crashing out of the EU without a deal, we will no longer seek to help when it comes to reuniting family members amongst asylum seekers. What is the family reunification system? The family reunification...

Credibility in asylum claims
By Caspar Latham - Legal Associate

Lack of credibility is the most common reason for the refusal of an asylum claim in the UK.  In order to establish the validity of an asylum claim, the UN Refugee Convention of 1951 requires a ‘well-founded fear...

 of persecution’ on the basis of one of five convention reasons (race, religion, nationality, political opinion or membership of a particular social group).  There are two aspects to the possession of a...

Curtailment of leave to remain
By Zarina Rahman - Immigration Barrister

The Home Office has wide ranging statutory powers that allow caseworkers to curtail a migrant’s limited leave to remain in the UK.  These statutory powers are supplemented by guidance on curtailment of...

 leave which tells caseworkers whether to curtail leave and when to consider using discretion. What does curtailment of leave mean?  The Home Office has power to curtail i.e. reduce or cancel, your existing leave...

The Court of Appeal interprets s.117B(6)
By Alex Papasotiriou - Immigration Barrister

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661, the Court of Appeal further considered the interpretation of section 117B(6) of the Nationality, Immigration and Asylum...

 Act 2002. It did so in two respects: Whether s.117B(6) applies only in cases where the qualifying child will in fact leave the UK as a consequence of the parent’s removal; and Whether “genuine and...

Long Residence and Human Rights Appeals
By Alex Papasotiriou - Immigration Barrister

What happens when you complete 10 years’ long residence whilst a human rights appeal is pending?  This is essentially what the Upper Tribunal considered in OA and Others (human rights; ‘new matter’; s.120)...

 Nigeria [2019] UKUT 00065. Relevance of meeting the requirements of the Immigration Rules in a human rights appeal The first paragraph of the headnote, corresponding with paragraph 27 of the judgment,...

A Guide To Private Life Applications
By Alexandra Pease - Immigration Barrister

July 2012 saw the introduction of the private life requirements into the Immigration Rules.  The view of the government was that the previous rules did not provide a “clear and comprehensive framework...

 for considering family life and private life”.   The key test for remaining in the UK, the period of seven years reflected the previous DP5/96 policy, under which children who had lived in the UK were not...

Overstaying your visa in the UK: FAQ
By Zarina Rahman - Immigration Barrister

When does someone become an overstayer? An overstayer is a person who has remained in the UK beyond the period they are permitted. This will either be the expiry date on their most recently issued visa, or...

 the date any leave that has been extended by Section 3C or Section 3D of the Immigration Act 1971 ends. What is the effect of becoming an overstayer? Overstaying should always be avoided if possible. It is a...

The Definition of “Precarious” - Precarious No More? The Case of Rhuppiah v SSHD
By Richmond Chambers -

On 14 November 2018, the Supreme Court delivered their judgment in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. In making this judgment, the Justices have clarified when an individual’s...

 immigration status should be considered ‘precarious’. As we will see, whether their status is considered precarious or not  will determine the extent to which their private life in the UK is protected...

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
By Richmond Chambers -

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant)...

 v SSHD [2018] UKSC53. What legislation was in question? Where a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account....
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