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Marriages of Convenience – the guidance of the European Commission
By Richmond Chambers -

The Home Office Modernised Guidance on direct family members of EEA nationals (of 29 September 2015) provides guidance for decision makers who are assessing whether a marriage between an EEA citizen and a third...

 country national is genuine or one of convenience. A party to a marriage of convenience is not a ‘family member’ for the purposes of the EEA regulations. This guidance states that the burden of proof in...

EU nationals and family members - post-Brexit applications
By Dr. Catherine Taroni - Immigration Barrister

The Brexit referendum vote announced on 24 June 2016 came as a shock to many, but has no immediate impact on the rights of EU nationals and their family members in the UK. There is no urgent need to act to avoid...

 removal from the UK, but the current reality is that the UK will leave the EU, and thus the rights of residence which EU nationals and their family members have enjoyed may cease to exist in their current...

Common European Asylum System Reforms
By Richmond Chambers -

The European Commission has recently presented proposals to complete the reform of the Common European Asylum System. According to the Commission, these reforms will help ensure a fully efficient, fair and humane...

 asylum policy, which can function effectively both in times of normal and high migratory pressure. Based on previous experience, a more efficient and coherent asylum system requires a common and harmonised...

Immigration Directorates Come Under Scrutiny
By Richmond Chambers -

The first quarterly report of 2016 scrutinising the work of Home Office Immigration Directorates has been published by the Home Affairs Committee. The report looks at the possible implications of Brexit, and suggests...

 that post-Brexit attempts to limit non-EU migration, and the uncertainly over migration within Europe during the exit negotiations, could both lead to a surge in immigration. It therefore says that the...

Deportation - criminality and best interests of children: CT (Vietnam) [2016] EWCA Civ 488
By Dr. Catherine Taroni - Immigration Barrister

The Court of Appeal, composed of Lord Justice Tomlinson and Lady Justice Rafferty DBE, heard argument in CT (Vietnam) [2016] EWCA Civ 488 on 5 May 2016. This was an appeal from the decision of the Upper Tribunal,...

 whose outcome protected CT from deportation. Facts CT arrived in the UK in 1991 and was granted refugee status (since revoked), and indefinite leave to remain. He returned to Vietnam in breach of...

Sham Marriages - Bilal Ahmed revisited
By Richmond Chambers -

In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and where his application...

 was refused on the basis that his marriage was one of convenience, the applicant could be removed while his appeal against that refusal was pending. The third point in the headnote of Bilal Ahmed...

Tier 2 Settlement Options
By Richmond Chambers -

Eligibility for settlement as a Tier 2 Migrant can vary depending on when you applied for your visa. Tier 2 (General) Migrants Tier 2 (General) Migrants are eligible for settlement after five years in this category....

 However, if you entered the Tier 2 category under the Immigration Rules in place from 6 April 2011, you will be limited to six years in the Tier 2 (General) category in most cases. This means you have a...

Some British citizens were unable to vote in the EU Referendum
By Dr. Catherine Taroni - Immigration Barrister

Section 2 of the EU Referendum Act 2015 set out entitlement to vote in the 23 June 2016 EU referendum: (1)Those entitled to vote in the referendum are— (a)the persons who, on the date of the referendum,...

 would be entitled to vote as electors at a parliamentary election in any constituency, (b)the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections...

Service of non-appealable immigration decisions
By Alexis Slatter - Immigration Barrister

Save for visitors and those authorised to obtain leave to enter the UK by passing through an automated gate, the statutory power to give or refuse leave to enter the UK and to give leave to remain or to vary any...

 (duration of or conditions attached to) a person’s leave to remain; must be exercised by notice in writing given to the person affected: section 3(3)(a) and 4(1) of the Immigration Act 1971. There are two...

An Inspection of the Administrative Review Process September – December 2015
By Alexandra Pease - Barrister Partner

The Immigration Act 2014 resulted in the loss of appeal rights to the independent Immigration and Asylum Tribunal for many immigration decisions. Individuals can now seek an administrative review in place of...

 an appeal. Pursuant to section 16 of the Immigration Act 2014 the Home Secretary is required to request the Chief Inspector of Borders and Immigration to inspect the process of Administrative review. The report...

Immigration Developments from the EU
By Richmond Chambers -

The Court of Justice of the European Union has given its ruling in a case brought by the European Commission against the UK over its policy of refusing access to certain benefits to non-British EU citizens. The...

 Court sets the background to the case by explaining that regulation on the coordination of social security systems lays down a series of common principles to be observed by Member States so that the various...

EU Referendum - A Message to Our Clients
By Richmond Chambers -

As you will be aware, the outcome of the EU Referendum held in the UK on 23 June 2016 is that the United Kingdom has voted to leave the EU.

 As you will be aware, the outcome of the EU Referendum held in the UK on 23 June 2016 is that the United Kingdom has voted to leave the EU.
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