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Maternity Action Report: Duty of Care: The impact on midwives of NHS charging for maternity care: September 2019
By Alexandra Pease - Immigration Barrister

Background – Charged for Using the NHS? By way of background to this report, in 2004 the government withdrew free access to secondary healthcare for certain groups of overseas visitors.  Following the introduction...

 of new Regulations, overseas visitors, or those not normally ‘ordinarily resident’ were to be asked to pay for their treatment.  This followed reports of ‘health tourists’ or those...

The Senior President of Tribunals’ Annual Report 2019
By Alexandra Pease - Immigration Barrister

The Senior President of Tribunals’ Annual Report was published on 30 October 2019. A copy of the full report can be accessed: here.   The first report by the current Senior President was published in 2016.  ...

 This year, the report is later than usual because of additional published material relating to programmes of reform.  The last report was published in May 2018, which we analysed in a previous post in our...

UK visa requirements for South African citizens
By Richmond Chambers -

Many South African citizens have some connection to the UK which may give rise to a basis on which they can apply for a visa to move to the UK.  For example, as a citizen of South Africa, you might have a British...

 parent, grandparent, or partner. In this post we look at the options you might have as a South African with a British parent, grandparent or partner.  Do South Africans need a visa for the UK? If you are...

Law Society Response To Simplifying Immigration Rules Project
By Alexandra Pease - Immigration Barrister

The Home Office sponsored the Law Commission to review the Immigration Rules.  The consultation was published on 21 January 2019, having started in 2017.  Last month the Law Society responded to the Law Commission...

 Consultation: Simplification of the Immigration Rules, in a report dated April 2019, published on 13 May 2019. General Approach to the Immigration Rules In the 26 page response the Law Society agree the...

UK Government deports at least 300 highly skilled migrants
By Richmond Chambers -

A news story in The Guardian newspaper on 23 November highlighted that the UK government has forced 300 or more high-skilled migrants in the UK to leave the country. The immigration law that was used in these...

 UK immigration cases relates to people judged to be a threat to the security of the nation or potential terrorists, and it’s understood the 300 cases highlighted may be just the tip of the iceberg. What...

Retained right of residence - end of marriage or start of divorce?
By Alex Papasotiriou - Immigration Barrister

In Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, the Court of Appeal, with the help of the Secretary of State, clarified the interpretation of Regulation 10(5) of the Immigration (European...

 Economic Area) Regulations 2006 (and, by extension, the 2016 Regulations) regarding retained right of residence. This was by reference to Directive 2004/38/EC and the CJEU preliminary ruling in Case...

Home Office Failures on Family Reunion
By Richmond Chambers -

Last month the Independent Chief Inspector of Borders and Immigration published a report criticising the Home Office for its handling of family reunion applications. Family reunion applications are sponsored...

 by those granted asylum or humanitarian protection in the UK and eligible family members are their spouses, unmarried partners and minor children, provided that this family unit existed before the sponsor left....

Judicial review for EEA extended family members
By Dr. Catherine Taroni - Immigration Barrister

The headnote in the Upper Tribunal decision in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC) states simply: “There is no statutory right of appeal against the decision of the Secretary of State not...

 to grant a Residence Card to a person claiming to be an Extended Family Member.”  Sala concerned an application for a Residence card as a durable partner. This was refused, appealed and ultimately the...

Child witnesses in the Immigration Tribunal: How can a child's wishes and feelings be expressed?
By Richmond Chambers -

It is well established that the best interests of a child are a primary consideration for both the Secretary of State when deciding an application and a Judge of the First Tier Tribunal when deciding...

 an appeal. However, it is often difficult to show what is in a child’s best interests and, more difficult still to allow a child an opportunity to express their own opinion as to what is in their best...

House of Lords Debates Position Of EU Citizens Post Brexit
By Richmond Chambers -

The House of Lords Debate of 24 October 2016 can be found here, and outlines some of the very legitimate concerns of the Lords as to what will happen to EU nationals in the UK, and UK nationals...

 elsewhere in the EU. The following questions were posed to the Minister of State for the Home Office, and received little by way of response:Contact Our EEA Immigration Barristers

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