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Court of Appeal considers failure to enrol biometrics
By Richmond Chambers -

In R (on the application of) Jayaraman v The Secretary of State for the Home Department [2018] EWCA Civ 2545 (15 November 2018), Peter Jackson LJ (with Sharp LJ’s agreement) considered the requirement to provide...

 biometric information for an application for indefinite leave to remain and the grave consequences of failing to so do.  Jayaraman’s failure to enrol his biometrics led to the invalidity of his...

Home Office: "the EU Settled Status Scheme works."
By Richmond Chambers -

A Home Office report insists that the EU Settled Status scheme works well, despite people with iPhones being unable to apply. Over the last three months, 1053 EU citizens living or working in Liverpool...

 took part in the ‘Private Beta 1’ test, where they used an early version of the system to apply for Settled Status. All completed their applications using a Home Office laptop, with support from UK Visas...

The Definition of “Precarious” - Precarious No More? The Case of Rhuppiah v SSHD
By Richmond Chambers -

On 14 November 2018, the Supreme Court delivered their judgment in Rhuppiah v Secretary of State for the Home Department [2018] UKSC 58. In making this judgment, the Justices have clarified when an individual’s...

 immigration status should be considered ‘precarious’. As we will see, whether their status is considered precarious or not  will determine the extent to which their private life in the UK is protected...

Immigration Minister issues “heartfelt apology” to Windrush migrants
By Richmond Chambers -

Caroline Nokes, immigration minister in the Home Office, has made a “heartfelt apology” to members of the Windrush generation at an event in South London. Nokes, who admitted she felt “ashamed” of how the...

 migrants had been treated by the Home Office, was at the Black Cultural Archives in Brixton where several people told her their own personal experiences of the controversy earlier this year. In a heated...

Home Office issues apology to UK visa applicants forced to submit DNA samples
By Richmond Chambers -

Home secretary Sajid Javid has issued an apology to immigrants that wrongly faced demands for DNA testing as part of their UK visa application. People that are looking to settle and find work in the UK on the strength...

 of a family relationship can decide to submit DNA evidence to strengthen their application. However, in June the home secretary informed the House of Commons that in a number of UK visa applications...

Court of Appeal gives guidance on invalid applications
By Richmond Chambers -

In Kousar & Ors v The Secretary of State for the Home Department [2018] EWCA Civ 2462 (07 November 2018) Irwin LJ gave the judgment to which both Baker LJ and Lindblom LJ agreed. The judgment revolved around...

 whether the First-tier Tribunal had jurisdiction to hear the purported appeal against an invalid application. Kousar made two Tier 1 (Entrepreneur) applications for leave to remain. The first was deemed...

New UK Visa and Immigration Application Process
By Georgina Griggs - Immigration Barrister

New UK Visa and Immigration Application Process From November 2018, the Home Office will be introducing a new UK visa and immigration application process for in-country immigration applications promising an intuitive,...

 streamlined and faster process. UK Visas and Immigration has set out the changes to the in-country visa and citizenship application process in this helpful presentation which can be accessed here. In...

Home Office decision to embed staff in local authorities faces criticism
By Richmond Chambers -

Home office staff are being embedded within local councils and are sitting in on interviews with destitute migrant families, according to a recent report. The staff are allegedly gathering information on a variety...

 of subjects including the health condition of migrant families and how their children were conceived. Documents unearthed via a freedom of information request revealed that a total of ten London boroughs...

Naturalisation as a British Citizen - A wide discretion
By Richmond Chambers -

The Special Immigration Appeals Commission has given an open judgment in relation to the statutory review of decisions by the Secretary of State to refuse applications for citizenship by relatives of Bashar Al-Assad,...

 in the case of LA, MA, RA, SAA v Secretary of State for the Home Department SN/63, 64, 65 and 67/2015. Section 6(1) of the British Nationality Act 1981 gives the Secretary of State the discretion to...

Durable Partners of EU citizens & Derived Rights
By Stefania Patuto - Immigration Barrister

On 16 October 2018, the Court of Appeal dealt with the potential limitations to rights of durable partner of EU citizens in the case of Secretary of State for the Home Department v Christy [2018] EWCA Civ...

 2378. Background Facts Ms Christy, a US national, came to Slovakia in order to work in Canadian Language School. While in Europe she met Mr Jones, they entered into a relationship in September 2011 and moved to...

Three things graduate recruiters need to know about UK immigration
By Richmond Chambers -

As we move ever closer to the end of 2018, employers are starting to consider what they will do to succeed in 2019 and beyond. And, as part of that planning process, companies are currently putting considerable...

 effort into finalising their graduate programmes. But what do they need to consider? What are the key issues they need to keep in mind – both in terms of people from EU and non-EU countries – to...

How UK immigration detention compares to other countries
By Richmond Chambers -

A recent news story in The Guardian highlighted just how UK immigration detention compares to detention in Europe and elsewhere in the world. It may be surprising to learn the UK is the only EU member...

 state not to place limits on the amount of time people can be kept in detention. The UK’s immigration detention system is one of the largest in Europe, although countries like Australia and the United States...
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