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What is a Biometric Residence Permit?
By Wendy Barnes - Legal Associate

A Biometric Residence Permit (BRP) is an 86mm x 54mm polycarbonate card containing a chip to make it more secure against forgery and abuse.  A Biometric Residence Permit is proof of a right to reside, work...

 or study in the UK.  A Biometric Residence Permit can also be used as a form of identity, for example to open a UK bank account.  Information held on a Biometric Residence Permit A Biometric Residence...

Travel outside the UK while waiting for an immigration decision
By Paul Richmond - Immigration Barrister

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 of travel outside the UK while waiting for a decision on a pending immigration application. Travel outside the UK while waiting for an immigration decision...

Home Office Exercise of Discretion and Technical Errors
By Zoe Bantleman - Immigration Barrister

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...

How to make a valid immigration application
By Zarina Rahman - Immigration Barrister

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...

Court of Appeal considers failure to enrol biometrics
By Zoe Bantleman - Immigration Barrister

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...

Immigration Health Surcharge Set To Increase
By Alexandra Pease - Immigration Barrister

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....

4 things you should know about the Statement of Changes to the Immigration Rules, published 11 October 2018
By Richmond Chambers -

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...

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

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...

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

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 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...

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

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....

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

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...
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