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Home Office Exercise of Discretion and Technical Errors
By Zoe Bantleman

Is the Secretary of State under an obligation to consider whether to exercise his discretion outside of the Immigration Rules to grant leave to remain? Yes. Since R (Behary & Ullah) v SSHD [2016] EWCA Civ 702, it has been good law that “There is an obligation...

 to consider such a grant [outside of the Rules] when expressly asked to do so and, if but briefly, deal with any material relied upon by an applicant in support” [39]. The Court of Appeal was bound by this principle in the recent case of Asiweh v...

How to make a valid immigration application
By Zarina Rahman

It is fundamental that applicants know how to make a valid immigration application and comply with all the requirements. Why is it so important to make a valid immigration application? Section 3C of the Immigration Act 1971 will only operate to prevent an applicant...

 who has submitted an in-time immigration application becoming an overstayer after their leave expires if a valid application is made. The Supreme Court confirmed that a procedurally defective application will not engage Section 3C in the case of R (on...

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...

Immigration Health Surcharge Set To Increase
By Alexandra Pease

In a written statement from The Minister of State for Immigration, Caroline Noakes, the Government expressed the intention to increase the Immigration Health Surcharge (IHS) payment. Immigration Health Surcharge (IHS) The IHS payment has not increased since it was...

 introduced in April 2015.  It applies to migrants from outside the European Economic Area (EEA) who want to stay in Britain for at least six months.  The current rate is £200 per annum for most categories.  There is a discounted rate for students and...

4 things you should know about the Statement of Changes to the Immigration Rules, published 11 October 2018
By Nadine McGarry

On 11 October 2018, the Home Office published a Statement of Changes to the Immigration Rules.  In this post, we will consider the main elements of the changes. Implementation of the next phase of the roll-out of the EU Settlement Scheme for resident EU citizens...

 and their family members to obtain UK immigration status Appendix EU to the Immigration Rules came into force on 28 August 2018 and provided a basis for resident EU citizens and their family members (and the family members of certain British citizens) to...

Mansur (immigration adviser's failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC)
By Zoe Bantleman

In Mansur (immigration adviser’s failings: Article 8) Bangladesh [2018] UKUT 00274 (IAC) Mr Justice Lane considered the question of the relevance of a previous legal representative’s shortcomings to an immigration appeal. As Mansur was distinguished from...

 the precedent FP (Iran) & Anor v SSHD [2007] EWCA Civ 13, which established that fairness demands that an applicant or appellant should not be held accountable for the failures of her immigration lawyer in the context of asylum, I take this as the...

Court of Appeal considers delay in Home Office decision-making
By Alexandra Pease

In an earlier blog post we examined how quickly an individual can expect an application to be decided and current visa processing times.   Home Office Service Standards The Home Office still has in place customer service standards for processing visa applications...

 submitted after 1 January 2014. The standards have largely remained the same, as follows: Straight forward applications from outside the UK: Non-settlement visa applications: 90% to be decided within 3 weeks; Non-settlement visa applications: 98% to be...

UK visa application fees continue to shoot up with latest hikes
By Richmond Chambers

New fees for visa applications in the UK came into effect earlier in the month (April 6).  With a 4% increase across a wide range of categories, needless to say, there are some unhappy people about.  The main gripe is that the 4% increase is way above the rate...

 of inflation, raising concerns about the profits which the Home Office is making from visa application fees. A naturalisation application has now risen to £1,330, with an application for indefinite leave to remain going up to £2,389. In some cases,...

Visit visas - avoiding refusal for not showing a ‘genuine intention to visit’
By Emma Greenwood

It is a requirement for leave to enter as a visitor that the applicant has a genuine intention to visit and a very common reason for refusal is that it is not accepted that an Applicant does so. The Genuine Intention to Visit Test Paragraph V 4.2 sets out the requirement...

 to have a ‘genuine intention to visit’ as follows: ‘V 4.2 The applicant must satisfy the decision maker that they are a genuine visitor. This means that the applicant: (a) will leave the UK at the end of their visit; and (b) will not live...

The Meaning of ‘Sole Responsibility’ - Is TD (Yemen) Still Fit For Purpose?
By Emma Greenwood

The Requirement to prove ‘sole responsibility’ on the part of a Sponsor in the UK for a child applying to enter the UK appears in Part 8 of the Rules (where the parent is present and settled) and under Appendix FM (where the parent has limited leave as a partner...

 or parent). The leading authority on the meaning of sole responsibility is TD (Paragraph 297(i)(e): “sole responsibility”) Yemen [2006] UKAIT 00049. In this case, heard over 10 years ago, the Upper Tribunal were considering an older version of...

Changes to the Appendix FM English Language Requirement
By Richmond Chambers

On 3 November 2016, the Home Office announced changes to the English language requirement for persons applying for further leave to remain as a partner or parent on the 5-year route to settlement under Appendix FM. Introduced by Statement of Changes to the Immigration...

 Rules HC667. These changes are set to take effect from 1 May 2017.A2 English Language Requirement for the family route Are a national of a majority English-speaking country; Hold a degree taught or researched in English; or Are exempted from the...

Meeting the financial requirement within Appendix FM by reference to adequate maintenance
By Richmond Chambers

In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM of the Immigration Rules. A minimum threshold...

 of £18,600 was set, with additional amounts for any ‘relevant’ children. Entry clearance or leave to remain as a partner whose partner is in receipt of a ‘specified benefit’; Entry clearance or leave to remain as a child of a parent with limited leave...
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