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Understanding Sole Responsibility in Immigration Law
By Richmond Chambers -

The concept of ‘sole responsibility’ is found in Appendix FM and Part 8 of the Immigration Rules. Careful analysis of the circumstances of a child’s upbringing is essential to work out whether this can be...

 demonstrated. When is ‘sole responsibility’ required? You must demonstrate that you have ‘sole responsibility’ where you want to bring a non-British child to the UK to live with you and: You are...

Why Do I Need a BRP Card?
By Geraldine Peterson - Immigration Barrister

We are currently receiving many enquiries about the need for Biometric Residence Permits or cards (BRPs) from people who have held indefinite leave to remain for many years, often evidenced by stamps in...

 expired or lost passports.  For instance, it may come as a surprise to many to discover that a BRP card may be requested, even by current employers, to prove the right to work in the UK.   This post explains the...

Requirements for a Health and Care Worker Visa
By Bernard Wood - Immigration Barrister

Launched in 2020 the Health and Care Worker Visa is open to qualified doctors, nurses and allied health professionals of all nationalities (except British and Irish) who have been trained to a recognised standard....

 The route can lead to settlement after 5 years and applicants can be joined by dependent partners and children. What are the eligible roles to qualify for a Health and Care Visa? In order to qualify for a...

Divorce or Separation: Impact on Leave to Remain
By Alexandra Pease - Barrister Partner

January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are...

 dependent on their relationship or marriage or civil partnership.  What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get...

TB Test Certificate Guide for UK Visa Applications
By Alexandra Pease - Barrister Partner

All applicants for long term UK visas from countries where TB is common must be screened for active TB in the lungs as part of their UK visa application.  In this guide to TB screening for the UK we answer a number...

 of frequently asked questions about TB and TB screening requirements for UK visa applications. Do I need to be tested for TB before coming to the UK? A tuberculosis (TB) test is required by an Applicant...

How to get a visit visa after being refused
By Richmond Chambers -

Being refused a visit visa can be very disappointing for the Applicant, Sponsor and, sometimes, the whole family.  Often, refusal means missing out on an important family event. It can be particularly demoralising...

 as the refusal generally ends with, “Any future UK visa applications you make will be considered on their individual merits, however you are likely to be refused unless the circumstances of your...

Subject Access Requests: Requesting personal information from the Home Office
By Richmond Chambers -

The Home Office holds information about individuals who have come to its’ attention one way or another. Such information may contain copies of documents an individual provided with an application, criminal records...

 checks or interview records. An individual might not know what information is held about them by the Home Office. Under the Data Protection Act 1998, individuals are entitled to obtain information that...

Judicial review in immigration law: The basics
By Georgina Griggs - Immigration Barrister

Please note that this blog is part of series of blogs on judicial review in the context of immigration law What is Judicial review? Judicial review is the review of public authority decisions by the court. It...

 enables such decisions to be challenged on the grounds of illegality, irrationality and unfairness. Judges will determine whether the way a decision was made was procedurally and legally correct, and not...

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...

What is British Citizenship by Double Descent?
By Richmond Chambers -

Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983.  If you were born outside the UK, and so was your British parent, you are unlikely to be British...

 by descent.  British Citizenship by Double Descent Section 2 of the British nationality Act 1981 says:  A person born outside the United Kingdom and the qualifying territories after commencement shall...

What is a Genuine and Subsisting Relationship?
By Richmond Chambers -

If you are a spouse who wishes to join your partner in the UK, who is British or settled, the specified evidence for the relationship requirements set out in Appendix FM, including in relation to the genuine and...

 subsisting relationship requirement, can seem scarce when compared to the financial requirements rules. The latter set out mandatory evidence that must be provided in order to prove that you meet or exceed...

Long Residence ILR: Section 3C & Paragraph 39E
By Richmond Chambers -

This is the third post in a series of blogs regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10 years long...

 residence.  The first and second post, provided an in-depth exploration of the recent cases on the interpretation of 10 years of continuous lawful residence. This blog post will explain the provisions of...
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