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LOCATION: Home » Human Rights » Page 3

KNOWLEDGE
CENTRE

Home Office Withdraws Human Rights Refusal Decision
By Olivia Waddell - Immigration Barrister

Catherine Taroni and Bernie Wood, working together with Olivia Waddell, succeeded in securing a positive result for a client of Richmond Chambers.  Our client had entered the UK as a Visitor. During this visit,...

 her UK-based family members had noticed a deterioration in her mental and physical health which made them concerned about her ability to return to her home country without family support. Before coming to...

Overstaying your visa in the UK: FAQ
By Richmond Chambers -

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...

Overstaying and applying for further leave to remain
By Olivia Waddell - Immigration Barrister

When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of...

 removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.   It is...

Curtailment of Leave to Remain
By Richmond Chambers -

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...

Private Life (Adult Dependent Relative) Appeal Allowed
By Jasmine Theilgaard - Immigration Barrister

In May 2022 Alexandra Pease and Jasmine Theilgaard, working together with Bernie Wood and Olivia Waddell and our dedicated team of legal associates, achieved a successful result on behalf of our client. ...

 She had entered the UK as a visitor, her health had deteriorated during the Covid-19 period and her family were deeply concerned, as was she, about her ability to return to Georgia without support. The matter...

Leave to Remain Granted on the Private Life Route
By Richmond Chambers -

In August 2022, Alexandra Pease and Alex Papasotiriou, working together with our team of legal associates, assisted a client who had been without leave since 2014, and who had been unsuccessful in regularising...

 his stay, to secure 30 months/2.5 years leave to remain on the private life route, placing him on a 10-year route to settlement.   Background  In November 2021, our client, a 32 year old Bangladeshi...

Dependent Children Born in the UK to a Person on the Private Life Route
By Alex Papasotiriou - Immigration Barrister

In my previous articles, I set out the provisions of Appendix Private Life for limited leave to remain and indefinite leave to remain in the UK. In this article, I will set out the provisions of the new...

 category for dependent children born in the UK to a person on the Private Life route.  These provisions are for children born in the UK, who are not eligible for permission to  stay or for settlement on the Private...

Upper Tribunal Rejects Points-Based Approach to Article 8 Proportionality Assessment
By Richmond Chambers -

Immigration judges often need to conduct a balancing exercise to assess where to strike the balance between an individual’s Article 8 right to respect for private and family life and the public interest in maintaining...

 effective immigration control by removing a foreign national to their country of origin. In KB (Article 8: Points-Based Proportionality Assessment) Albania [2022] UKUT 161 (IAC), the First-Tier...

Recent Changes to 10 Year Family Settlement Routes
By Richmond Chambers -

There have been a number of recent changes to the Immigration Rules relating to Private Life and Family Life applications and Settlement under these routes.  In previous posts we have focused on changes made...

 to the Private Life route for leave to remain and settlement.  This article provides a summary of the new Rules for settlement on the basis of Family Life and continuous residence.  Appendix Settlement Family...

Afghanistan Citizens’ Resettlement Scheme Update
By Stefania Patuto - Immigration Barrister

In August 2021, the Afghanistan Citizens Resettlement Scheme (“ACRS”) was announced as a new route opening for the resettlement of Afghan refugees, prioritising those most in need including women, girls and children...

 given their particular vulnerability.  The route opened on 6 January 2022. The first Afghan families have been granted indefinite leave to remain (ILR) under the scheme. Who will be eligible for the...

Nationality and Borders Act 2022: Asylum Seekers
By Richmond Chambers -

The new Nationality and Borders Act 2022 was enacted on 28 April 2022. This article will summarise some aspects affecting asylum seekers.  The following topics will be discussed in this article in relation...

 to the Nationality and Borders Act 2022: Differential treatment of refugees Increasing the standard of proof for finding persecution  Late evidence submission The Secretary of State has expressed the Act’s...

Article 3 in Health-Based Immigration Applications
By Richmond Chambers -

The Home Office and Immigration Tribunals are public bodies. They therefore have a duty under s6(1) of the Human Rights Act 1998 not to act incompatibly with the European Convention on Human Rights. Article 3 of...

 the ECHR creates an absolute prohibition on torture and inhuman or degrading treatment or punishment. Therefore, the Home Office and Immigration Tribunal cannot make decisions that will result in, or create...
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