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What is a Biometric Residence Permit?
By Wendy Barnes - Legal Associate

A Biometric Residence Permit (BRP) is an 86mm x 54mm polycarbonate card containing a chip to make it more secure against forgery and abuse.  A Biometric Residence Permit is proof of a right to reside, work...

 or study in the UK.  A Biometric Residence Permit can also be used as a form of identity, for example to open a UK bank account.  Information held on a Biometric Residence Permit A Biometric Residence...

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...

Travel outside the UK while waiting for an immigration decision
By Paul Richmond - Immigration Barrister

Recent changes to the immigration application process through UK Visa and Citizenship Application Services (UKVCAS) enables applicants to keep their passport while they wait for a decision on their...

 immigration application.  In this post, we look at the impact of travel outside the UK while waiting for a decision on a pending immigration application. Travel outside the UK while waiting for an immigration decision...

Court of Appeal considers failure to enrol biometrics
By Zoe Bantleman - Immigration Barrister

In R (on the application of) Jayaraman v The Secretary of State for the Home Department [2018] EWCA Civ 2545 (15 November 2018), Peter Jackson LJ (with Sharp LJ’s agreement) considered the requirement to provide...

 biometric information for an application for indefinite leave to remain and the grave consequences of failing to so do.  Jayaraman’s failure to enrol his biometrics led to the invalidity of his...

Grenfell Tower Update - Further Guidance
By Alexandra Pease - Immigration Barrister

A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West...

 London in June of this year. Immigration Minister Brandon Lewis announced an update on 11 October 2017: “The government believes it is right to provide this specific group of survivors greater certainty...

Making a Fast-Track Subject Access Request via the Pilot Scheme
By Richmond Chambers -

An individual is entitled to exercise their right to obtain information that is held about them under the Data Protection Act 1998. This process is known as a Subject Access Request. The ‘subject’ or ‘data...

 subject’ means an individual. ‘Access’ is the statutory right that an individual has to obtain a copy of the information. In the immigration context, a Subject Access Request allows an individual to...

Home Office possession of a passport indicates that an immigration application was made
By Richmond Chambers -

In  Ufot, R (On the Application Of) v Secretary of State for the Home Department[2016] EWCA Civ 298 (10 February 2016)  the Court of Appeal considered whether,...

 on the balance of probabilities, an application for leave to remain as a Tier 4 (General) Student had been made prior to the expiry of the Appellant’s leave.

Evidential flexibility in leave to remain applications
By Richmond Chambers -

In SH (Pakistan) v Secretary of State for the Home Department[2016] EWCA Civ 426 (18 February 2016) the Court of Appeal considered whether the Home Office’s former “evidential flexibility” policy was broader...

 and more flexible than the “evidential flexibility” rule contained at paragraph 245AA of the Immigration Rules, which provides an opportunity for PBS applicants to produce additional evidence in...

Appropriate salary for extending leave to remain as a Tier 2 migrant
By Richmond Chambers -

In Tukhas (para 245HD(f): "appropriate salary") Russia[2016] UKUT 183 (IAC) (17 March 2016)  the Upper Tribunal (Immigration and Asylum Chamber) considered the correct interpretation of paragraph 14 of Appendix...

 J of the Immigration Rules (codes of practice for skilled work) when a decision is being made whether or not an applicant has an appropriate salary for the purposes of extending leave as a Tier 2...

Applying for a new Biometric Residence Permit (BRP) in a different identity
By Richmond Chambers -

What happens when you have been granted indefinite leave to remain in the UK in one identity and want (or need) to apply for a replacement document confirming your status in a different identity?Contact our Immigration Barristers, London

 What happens when you have been granted indefinite leave to remain in the UK in one identity and want (or need) to apply for a replacement document confirming your status in a different identity?Contact our Immigration Barristers, London

Section 3C and the Notices Regulations
By Richmond Chambers -

Section 3C of the Immigration Act 1971 provides for an automatic extension of leave while an in-time application is being decided, including while it is being appealed.  on...

 the second day after it was posted if it is sent to a place within the UK on the 28th day after it was posted if it is sent to a place outside the UK.

Invalid applications and automatic extensions of leave
By Alexis Slatter - Immigration Barrister

On 23 December 2015, the Supreme Court (Lady Hale, Lord Carnwath and Lord Hughes) granted permission to appeal the decision of the Court of Appeal in Iqbal v SSHD [2015] EWCA Civ 838, which...

 decided that an application rejected as invalid, did not extend a person’s leave to remain even though the application had been made before the expiry of that person’s leave.
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