KNOWLEDGE

CENTRE

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...

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? When a person...

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. Importantly, for section 3C to be engaged,...

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 decided that an application...

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...

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...

Evidential Flexibility Policy has meaning

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

The UK’s approach to ‘family life’ between adult children and their parents

In the case of Singh & Anor v Secretary of State for the Home Department[2015] EWCA Civ 630, the Appellants, two brothers, appealed against the decision of Upper Tribunal Judge Kebede, dismissing their...

Variable income and the financial requirement under Appendix FM

In applications made under Appendix FM of the Immigration Rules for entry clearance or leave to remain as a partner the applicant is required to satisfy a financial requirement. The Rules require an...

Evidential flexibility: What is it and does it mean anything?

The Immigration Rules, particularly the Points Based System, increasingly require migrants and potential migrants to provide Specified Evidence with their applications. Errors and omissions in the...

Immigration options for discharged HM Forces personnel

The Immigration Rules provide for the possibility of those who have been discharged from the armed forces to make applications for leave to remain in the UK on temporary and permanent bases. The requirements are...

Deception, False Representations and Material facts not disclosed

As for all applications for leave, applications for leave to remain can be refused on general grounds which may be mandatory (rules 322(1) –322(1C)) or discretionary (rules 322(2) – 322(12)) but in respect...