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Public Funds Part 2: Claiming Child Benefit
By Alexandra Pease - Barrister Partner

In this second post, following on from Public Funds Part 1: Public Funds and Coronavirus we examine the one benefit that can potentially be claimed by migrants subject to the no recourse to public funds condition...

 – child benefit. Claiming Child Benefit – Entitlement When applying for further leave to remain or indefinite leave to remain, questions the forms almost inevitably ask are whether public funds...

The Rights of Irish Citizens in the UK after Brexit
By Geraldine Peterson - Immigration Barrister

Students of the history of the British Isles will know that the UK’s historical relationship with the Republic of Ireland is vastly different from those the UK has with other member states of the European Union. ...

 This means that Irish citizens who are present in the UK or wish to come to the UK are in a far more advantageous position than citizens of other EU countries, and this position has been preserved after...

Immigration Health Surcharge (IHS) Refund Guide
By Thomas Hill - Immigration Barrister

In a previous post, we looked at the process for obtaining refunds of immigration and nationality application fees. On top of the application fee, the majority of migrants to the UK are also required to pay...

 the Immigration Health Surcharge (IHS). The rules determining whether this is refundable, and the processes for obtaining a refund, are separate to the rules on refunding application fees. In this post, we will...

Hong Kong BN(O) Visa for BNO Status Holders
By Richmond Chambers -

The BN(O) Status Holder route is for an adult BN(O) who is ordinarily resident in Hong Kong or the UK. The route opens on 31 January 2021.   There are validity, suitability and eligibility requirements that you...

 must meet to make the application. The eligibility requirements include having BN(O) Status, proving your ordinary residence, showing adequate maintenance and accommodation, and providing a TB Certificate...

Transferring ILR Visa to a Biometric Residence Permit
By Stefania Patuto - Immigration Barrister

A Biometric Residence Permit (BRP) is proof of a right to reside, work or study in the UK. It will include the following information: Name Date of birth  Place of birth Biometric information including fingerprints  A...

 photograph  Immigration status.  For those who have obtained indefinite leave to remain but do not have a BRP, a No Time Limits (NTL) application can be made to transfer ILR to a BRP.  When to...

Indefinite Leave to Remain (ILR): Frequently Asked Questions
By Olivia Waddell - Immigration Barrister

Not quite British citizenship, and yet more than just a visa…the status of ‘Indefinite Leave to Remain’ has its own specific characteristics. In this post, we take a look at some of the most...

 frequently asked questions from those who have been granted this status, including how to prove it, the rights that it gives you, and how it can be lost or maintained.  Q: What is ILR? A: Indefinite Leave to Remain...

Challenging Delays to EU Settlement Scheme Applications
By Lucy Katko - Immigration Barrister

In an earlier post we looked at how to avoid delays in EU Settlement Scheme applications.  In this post, we consider how applicants can challenge delays in the processing of EU Settlement Scheme applications effectively.  Challenging...

 Delays to EU Settlement Scheme Applications The clock usually starts ticking for EU Settlement Scheme applications when the online application form is submitted using the EU Exit app....

Home Office Withdraws Spouse Extension Refusal
By Alexandra Pease - Barrister Partner

Alex Papasotiriou and Alexandra Pease, working together with Olivia Waddell and our experienced team of legal associates, have achieved another successful result on behalf of a client of Richmond Chambers. ...

 She had entered the UK as a partner (spouse) and made an extension application.  We were instructed at the immigration appeal stage. The matter progressed through the immigration appeal process and was...

Biometric Appointments: What You Need to Know
By Richmond Chambers -

A ‘biometric’ is a measurement of a biological characteristic that is unique to every individual. Biometrics can be used to identify people, and to allow for automatic recognition when verifying your immigration...

 status. Any application for leave in the UK is automatically an application for a biometric immigration document (BID), and therefore most visa applications require an appointment for you to enrol your...

What is work? Complying with your visa conditions
By Gillian McCall - Barrister Partner

Under the Immigration Rules, many people have restrictions on their right to work in the UK. This article will look at some of the main definitions of work used in the Immigration rules in the main work and study...

 based categories and discuss how this will impact people in different situations. Types of leave and their restrictions: Tier 1 Tier 1 (Exceptional Talent): no employment as a Doctor or Dentist in Training,...

Meeting the Accommodation Requirement: UK Spouse or Fiance Visa
By Alexandra Pease - Barrister Partner

Whether you are applying for entry clearance or for further leave to remain as a partner under Appendix FM of the Immigration Rules an applicant will need to meet an accommodation requirement. What Is the Accommodation...

 Requirement for a UK Spouse or Fiance Visa? An applicant needs to provide evidence that there will be adequate accommodation for them, without the need to rely on public funds and in accommodation...

Sham marriages, marriages of convenience and the burden of proof
By Richmond Chambers -

The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic...

 efforts of the Home Office to prevent abuse by non-genuine couples entering into ‘sham marriages’. Two recent cases provide guidance on the meaning of sham marriages, marriages of convenience and who...
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