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Overstaying your visa in the UK: FAQ
By Richmond Chambers -

When does someone become an overstayer? An overstayer is a person who has remained in the UK beyond the period they are permitted. This will either be the expiry date on their most recently issued visa, or...

 the date any leave that has been extended by Section 3C or Section 3D of the Immigration Act 1971 ends. What is the effect of becoming an overstayer? Overstaying should always be avoided if possible. It is a...

Humanitarian Protection vs Refugee Status - What’s The Difference?
By Richmond Chambers -

Both humanitarian protection and refugee status are forms of leave in the UK that are granted to applicants who are endangered or otherwise in need. In short, the two are very similar, and both ensure permission...

 to stay in the UK for five years with a view to settlement afterwards. Refugee Status In order to be granted refugee status, an asylum seeker must meet the requirements of paragraph 334 of the immigration...

A Guide To Private Life Applications
By Alexandra Pease - Barrister Partner

July 2012 saw the introduction of the private life requirements into the Immigration Rules.  The view of the government was that the previous rules did not provide a “clear and comprehensive framework...

 for considering family life and private life”.   The key test for remaining in the UK, the period of seven years reflected the previous DP5/96 policy, under which children who had lived in the UK were not...

Supreme Court: The meaning of ‘unduly harsh’ and ‘reasonableness’ in child immigration cases
By Richmond Chambers -

On Wednesday 24th October 2018, the UK Supreme Court tackled the application of the terms, ‘unduly harsh’ and ‘reasonableness’ in child immigration cases in the case of KO (Nigeria) & Others (Appellant)...

 v SSHD [2018] UKSC53. What legislation was in question? Where a person is subject to immigration controls, and is required to be removed, Section 117B lists the points for the court to take into account....

A Harsher Approach? Four changes in the revised Guidance on Family and Private Life applications
By Richmond Chambers -

The Home Office issued new Family and Private Life Guidance on 23 February 2018 for applications for leave to remain on the basis of family life as a partner or parent, or on the basis of private life, on a 10 year...

 route to settlement. Although the corresponding Rules have not changed, the guidance has nonetheless raised some concerns that harsher decisions could now be made, especially given the case law in recent...

Human rights claim certified as ‘clearly unfounded’? Some points to consider
By Richmond Chambers -

Recently, we have seen a number of refusal decisions certifying a human rights claim as clearly unfounded under s.94 of the Nationality, Immigration and Asylum Act 2002. The effect of this is that an appeal against...

 the refusal decision can only be brought once the applicant left the UK. Consequences of appealing from outside the UK One disadvantage of having to appeal from abroad, aside from the obvious cost...

The Precarious Definition of Precarious - Rhuppiah v. SSHD
By Richmond Chambers -

On 28 July 2014, section 19 of the Immigration Act 2014 inserted section 117B into the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), the aim of which was to expressly indicate to the Tribunals...

 factors that Parliament considered are in the public interest. One criterion which has caused some controversy is section 117B(5) of the 2002 Act which reads: “(5) Little weight should be given to a...

R (on the application of Jennifer Kerr) v. SSHD IJR [2014] UKUT 00493 (IAC) | Case Summary
By Richmond Chambers -

In R (on the application of Jennifer Kerr) v. SSHD IJR [2014] UKUT 00493 (IAC) the applicant was a citizen of Jamaica who entered the UK in May 2001 as a visitor. She had remained in the UK unlawfully following...

 the expiry of her visitor visa. On 24 September 2011, she married her husband, a British citizen. About 12 months later she applied for leave to remain in the UK under Article 8 on the basis of the family...

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