Publications

UK Immigration World 2018

  We suppose that we should mention Brexit – after all, everybody else has. Certainly there is a lot of political froth being generated on the subject. Nonetheless the Home Office plods on regardless with its plans for EEA nationals’ immigration status after Brexit and, as we have often reminded readers, these plans will protect their status until the end of 2020. Until such time as we find otherwise we must assume that everything will go ahead as planned. Another big story

“Precarious” immigration status

  We know what the word “precarious” means in everyday speech. But what does it mean in the context of immigration law? This question has reached the Supreme Court (which is, in the immigration field, the highest court in the UK), and it has provided a definitive answer. The case was called “Rhuppiah” and it made an interesting read. Ms Rhuppiah is a Tanzanian national and she first came to the UK in 1997 as a student. She apparently extended her student leave

Tier 2 sponsor licence – revocation – courts take a restrictive view

  As many readers will know, the Tier 2 immigration scheme is the scheme for non-EEA skilled workers – the sort of people who, in the old days, used to be known as “work permit holders”. As they may also know, employers who employ Tier 2 skilled migrants need to hold a Tier 2 sponsor licence. This is a licence issued – under very particular conditions – by the Home Office. The sponsor licence is a mandatory requirement: no Tier 2 sponsor

Illegal migrants – constituents – MPs

What, in the political field, is the definition of a constituent? The answer would presumably be somebody who lives in an MP’s constituency. Would such a person necessarily be on the electoral register? Well, not obviously so. And – a related but rather deeper question – would such a person necessarily have legal immigration status in the UK? The answer is No, according to a letter written by a coalition of charities and supported by 107 MPs, recently sent to the

Latest statement of changes to the immigration rules October 2018 – evidential flexibility

The Home Office’s latest statement of changes to the immigration rules contains various new provisions for the felicitously-named Appendix EU, which will govern the situation of EEA migrants after Brexit. It also contains new rules which liberalise the requirements for documents supporting visa applications. The Home Office is introducing new visa application systems and the new rules say that, in many cases, applicants will be able to provide copy documents, not originals. This constitutes a major change in longstanding Home Office

Academics refused visitor visas

  The “Women Leaders in Global Health” conference, held recently at the London School of Hygiene and Tropical Medicine, aimed to “advance a collective new vision for global health leadership and build opportunities for women to progress in all forms of leadership”. As the astute reader will no doubt be able to work out for themselves, many of the delegates to the conference came from outside the UK. However, according to media reports, at least 17 overseas delegates’ visitor visa applications were refused,

Upper Immigration Tribunal – “robust” comments may be acceptable

    It was one of those curious and complicated stories that sometimes emerges from the Upper Tribunal. Mr Victor Ortega, an Ecuadorian national, had come to the UK illegally and, after a few years, had sought to regularise his status in the UK by making an immigration application pursuant to Article 8 of the European Convention on Human Rights – the Article that governs “private and family life” principles. His application was based on his relationship with a British woman and

Unmarried partners of EEA nationals – unequal rights

    The UK immigration rules provide quite liberal treatment for unmarried partners. If they can prove that they have been living (anywhere) with their British/settled partner in a relationship for at least two years then they are deemed to be an unmarried partner within the legal meaning and they have similar rights to spouses and civil partners – in the immigration context at any rate, if not in all other areas. But in European immigration law things are more complex. The law

Entitlement to benefits for UK visa holders

    A recent story from the media concerns a cardiac physiologist, Paul Ermitano, and his wife Jamila, who are Philippines nationals residing in the UK. Mr Ermitano holds a Tier 2 General visa and his wife is his dependant, and they were told by the Home Office that they had to leave the UK because they were in breach of their immigration conditions. It appears from the media reports that they had claimed child benefit for their young son in the mistaken

Post-Brexit Immigration

  The Conservative Party annual conference revealed Prime Minister Theresa May dancing to Abba and also – less exciting but probably more important in the long run – her and Home Secretary’s Sajid Javid’s ideas and proposals about European immigration after Brexit. As we have often explained and discussed, the current regime about immigration from Europe is a very liberal one. Under principles of European free movement law EEA nationals and their family members (of whatever nationality) have powerful rights to come