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LOCATION: Home » Knowledge Centre » Leave to remain

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Court of Appeal considers failure to enrol biometrics
By Zoe Bantleman

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 application and after the expiry of his limited leave to remain he was rendered an overstayer. The...

Grenfell Tower Update - Further Guidance
By Alexandra Pease

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 over their long-term future in the UK, subject to their continued eligibility and the necessary...

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 access their immigration record held by the Home Office.What is a Fast Track Subject Access...

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 support of their immigration applications in limited circumstances. Whether the evidential flexibility...

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 migrant, with reference to paragraph 79 of Appendix A.

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 Emma Greenwood

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

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.

Upper Tribunal Considers Allegation of Bias
By Alexandra Pease

The case of Alubankudi (Appearance of bias) [2015] UKUT 542 was heard at Field House on 16th September 2015 before The President, The Hon. Mr Justice McCloskey and Upper Tribunal Judge Canavan. The decision was promulgated on 23rd September 2015. The case...

 involved a 71 year old national of Nigeria who had applied for Indefinite Leave to Remain out with the Immigration Rules, having arrived in the United Kingdom in 2009. The headnote reads:(i) One of the important elements of apparent bias is that the...

Varying an existing immigration application
By Richmond Chambers

If you have made a leave to remain application and you want your application to be considered for a grant of leave on a different basis from your initial application, you can vary the application at any time before a decision is made on your initial application....

  For example, if you have made an immigration application to undertake a short period of study, it is possible that the Home Office may not have made a decision on that application before you are able to make a new application for your next period of...

Evidential Flexibility Policy has meaning
By Richmond Chambers

Evidential Flexibility Policy has meaning – Manish Mandalia v Secretary of State for the Home Department [2014] UKSC 59

 Evidential Flexibility Policy has meaning – Manish Mandalia v Secretary of State for the Home Department [2014] UKSC 59
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