KNOWLEDGE

CENTRE

Dual British and EU nationals - Transitional Provisions Resurrected

The new Immigration (EEA) Regulations 2016 (which have mostly yet to come into force) will be amended by the Immigration (European Economic Area) (Amendment) Regulations 2017 (No 1) laid before Parliament on 10...

Chief Inspector of Borders and Immigration report on sham marriages

The Chief Inspector of Borders and Immigration has released a report criticising the Home Office’s approach to tackling so-called ‘sham marriages’. The Immigration Act 2014 This report was written in response...

Changes to the Appendix FM English Language Requirement

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...

Supplementary decision letters do not undermine the rule of law, says Court of Appeal

The Court of Appeal in Caroopen & Myrie v Secretary of State for the Home Department [2016] EWCA Civ 1307 has issued fresh guidance on the way in which courts and tribunals should view so-called ‘supplementary...

Out of Country Human Rights Appeals

Section 63 of the Immigration Act 2016 came into force on 1st December 2016 (see Immigration Act 2016 (Commencement No. 2 and Transitional Provisions) Regulations 2016 (SI 2016/1037SI2016/1037) which...

Home Office review of Adult Dependent Relative rules

The Home Office has published a new review into the Immigration Rules concerning Adult Dependent Relatives (ADR). Background to Review. In July 2012, Appendix FM of the Immigration Rules (the Immigration...

Court of Appeal rules on Appendix FM suitability criteria and criminal convictions

The Court of Appeal in Entry Clearance Officer -United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016) has ruled that an applicant attempting to enter...

Supreme Court decision on section 3C: Need for rationalisation and simplification of Immigration Rules

The matter of R (on the application of Mirza, Iqbal and Ehsan) v Secretary of State for the Home Department [2016] UKSC 63 was heard by the Supreme Court on 19 October 2016...

Independent thinktank publishes report on status of EEA nationals in the UK

A new report published by British Futures has encouraged the government to formalise proposals concerning the status of EU citizens living in the UK post-Brexit. Current Opinion. The status of current EU citizens...

Home Office Failures on Family Reunion

Last month the Independent Chief Inspector of Borders and Immigration published a report criticising the Home Office for its handling of family reunion applications. Family reunion applications are sponsored...

Home Office issues guidance on ‘remove first, appeal later’ in human rights appeals

The Home Office has published guidance on how the new certification process will operate under the Immigration Act 2016. Legislation Section 94B of the Nationality, Immigration and Asylum Act 2002 contains a process...

Judicial review for EEA extended family members

The headnote in the Upper Tribunal decision in Sala (EFMs: Right of Appeal: Albania) [2016] UKUT 411 (IAC) states simply: “There is no statutory right of appeal against the decision of the Secretary of...