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LOCATION: Home » Leave to Remain

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CENTRE

Overstaying and applying for further leave to remain
By Olivia Waddell - Immigration Barrister

When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of...

 removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.   It is...

Leave to Remain Granted on the Private Life Route
By Richmond Chambers -

In August 2022, Alexandra Pease and Alex Papasotiriou, working together with our team of legal associates, assisted a client who had been without leave since 2014, and who had been unsuccessful in regularising...

 his stay, to secure 30 months/2.5 years leave to remain on the private life route, placing him on a 10-year route to settlement.   Background  In November 2021, our client, a 32 year old Bangladeshi...

Public Funds Part 3: Change of conditions to allow access to public funds
By Alex Papasotiriou - Immigration Barrister

In this third post, following on from Public Funds Part 1: Public Funds and Coronavirus and Public Funds Part 2: Claiming Child Benefit we consider how to apply for a change of conditions to allow access to public...

 funds, for individuals who are in the UK with limited leave to enter or remain subject to a condition of having no recourse to public funds. No Recourse To Public Funds Condition Paragraph GEN.1.11A 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 From 1 May 2017, applicants...

ETS / TOEIC - MA (ETS – TOEIC testing) [2016] UKUT 00450
By Richmond Chambers -

MA (ETS – TOEIC testing) [2016] UKUT 00450 is the latest case in the string of cases involving those who have had their leave to remain or enter, refused, curtailed, or cancelled. This is generally done on the...

 ground that, based on information from ETS, the Secretary of State for the Home Department (“SSHD”) had significant evidence to conclude that the test certificate was fraudulently obtained by the use of...

New Home Office application fees announced
By Richmond Chambers -

The Minister for Immigration yesterday announced proposals to change the fees for immigration and nationality applications with a view to coming into effect on 6 April 2014. According to the Ministerial Statement: ‘The...

 Home Office has given careful consideration to its fee levels, to ensure they provide the funding necessary to operate effective immigration controls and invest in improving service levels to...

Home Office policy concerning children found to be unlawful
By Richmond Chambers -

A High Court judgment in the case of SM and TM and JD and Others v SSHD [2013] EWCA 1144 (Admin) has upheld the rights of children affected by immigration decisions. The Home Office policy on Discretionary Leave...

 to Remain, which was in force at the time the decisions in question were made, has been found to be unlawful as it failed to consider the welfare and best interests of the child before deciding the period...

Rules change for overstayers
By Richmond Chambers -

The UK Border Agency has advised of changes to the Immigration Rules that will affect people who have overstayed their leave to remain.

 The UK Border Agency has advised of changes to the Immigration Rules that will affect people who have overstayed their leave to remain.

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