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How to make a valid immigration application
By Richmond Chambers -

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 Richmond Chambers -

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...

Court of Appeal gives guidance on invalid applications
By Richmond Chambers -

In Kousar & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Irwin LJ gave the judgment to which both Baker LJ and Lindblom LJ agreed. The judgment revolved around...

 whether the First-tier Tribunal had jurisdiction to hear the purported appeal against an invalid application. Kousar made two Tier 1 (Entrepreneur) applications for leave to remain. The first was deemed...

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...

Invalid applications and automatic extensions of leave
By Alexis Slatter - Immigration Barrister

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...

 rejected as invalid, did not extend a person’s leave to remain even though the application had been made before the expiry of that person’s leave. The contrary contention, had never previously...

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