Travel outside the UK while waiting for an immigration decision

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...

Court of Appeal considers failure to enrol biometrics

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...

Grenfell Tower Update - Further Guidance

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...

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

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’...

Home Office possession of a passport indicates that an immigration application was made

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,...

Evidential flexibility in leave to remain applications

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”...

Appropriate salary for extending leave to remain as a Tier 2 migrant

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...

Applying for a new Biometric Residence Permit (BRP) in a different identity

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

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...

Invalid applications and automatic extensions of leave

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...

Upper Tribunal Considers Allegation of Bias

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...

Varying an existing immigration application

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....