KNOWLEDGE

CENTRE

Overstaying your visa in the UK: FAQ

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...

Curtailment of Leave to Remain

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...

New Immigration Concessions for Afghan Nationals

In our Knowledge Centre we have recently explored the Afghan Citizens’ Resettlement Scheme (“ACRS”) which opened on 6 January 2022.  The Concessions to the Immigration Rules for Afghan nationals for...

Afghanistan Citizens’ Resettlement Scheme

The Afghanistan Citizen’ Resettlement Scheme is a new route opening for the resettlement of Afghan refugees, prioritising those most in need including women, girls and children given their particular vulnerability. Whilst...

Section 3C Explained: A Flowchart for Human Rights Applications

As direct access barristers working at Richmond Chambers, we have had countless lay clients approach us with one question: am I protected by section 3C of the Immigration Act 1971?  This can at times be a complicated...

A Guide To Private Life Applications

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...

What is “persecution” under the Refugee Convention?

In a previous post, we have looked at how the credibility of an asylum claim is assessed here. This post will look at what constitutes persecution for the purposes of the UN Refugee Convention 1951. In order...

Grounds of appeal after the Immigration Act 2014

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...

Rights of appeal after the Immigration Act 2014

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...

Credibility in asylum claims

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...

The Court of Appeal interprets s.117B(6)

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...