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Has British citizenship been wrongly given to thousands of Europeans? And could it be taken away?

Has British citizenship been wrongly given to thousands of Europeans? And could it be taken away? Well, we certainly hope not, to both questions. The reason that this question suddenly and unexpectedly arises is a decision made by the Upper Immigration Tribunal in a case called “Capparrelli”. The decision has, or should have, high authority, as it was made by The Hon Mr Justice McCloskey (who is the President of the Upper Tribunal and on this occasion sitting alone). The case had a strong

Out-of-country right of appeal – is it fair?

There has been – in various ways – a very significant diminution in immigration appeal rights over the last few years. One of the ways in which this has occurred is that the Home Secretary has acquired legal powers to determine that, where there is a right of appeal to the First-Tier Tribunal against a refusal of an immigration decision, the right of appeal can only be exercised from outside the UK. But of course the First-Tier Tribunal is physically located (at

Statelessness – right to British citizenship – rather confusing

Regular readers will know that we have on occasion explained that UK immigration law can be prodigiously complicated – and had a good moan about it. The venerable tradition of complexity, or perhaps confusion, has recently been upheld in a case in the High Court called “MK”. The presiding Judge was Mr CMG Ockleton – who is also Vice-President of the Immigration Upper Tribunal and is thus heavily involved in judicial immigration decision-making. The basic facts of the case seem at first

Adult Dependant Relative visa – it’s not easy

9 July 2012 was one of those famous days in the history of UK immigration law. It was the day when new family visa rules were introduced, specifically the formidable Appendix FM, which contains a remarkably intricate set of requirements for family visas, including the new Adult Dependant Relative visa requirements. The new rules replaced previous rules, to which they are different and are generally harsher. Under the previous rules adult dependants (parents, grandparents and other relatives) could apply for a

The extraordinary complexity of UK immigration

We would like to tell our readers a story. Long, long ago an Indian national (whose initials were apparently “SI”) had immigration leave in the UK as a student. He applied to extend his leave as a Tier 1 Post-Study Work migrant (a visa category that has now been abolished) but unfortunately the Home Office refused his application. SI decided to fight. In those days there was the right of appeal to the First-Tier Tribunal for such cases, and he duly appealed.

EEA nationals – dual citizenship – family members

Brexit is expected some time in 2019 but, as far as we know, European free movement rights will continue up until that point. So, for the moment, litigation in the European legal field carries on as normal. As is well known, EEA nationals living in the UK and exercising Treaty rights can bring their family members into the UK, even if such family members are not EEA nationals. Or can they? Well, as a primary and general principle they can. But what

The effect of criminal convictions on visa applications

Criminal convictions often have an effect on visa applications and generally – not surprisingly perhaps – a negative one. It is very often the case that a criminal conviction will occasion an automatic refusal of a visa application, however strong the application is otherwise. We could write a purely dry and technical article about this but, being Red Square London, we want to tell you a little (and informative) story. Recently, an American person called Jeremy Meeks landed at Heathrow Airport, hoping

Right of appeal to the immigration tribunal – can they just take it away?

The standard and traditional understanding about immigration appeals was that Government and Parliament could give or remove the right of appeal for unsuccessful visa applicants as they saw fit. Immigration appeals are heard, in the first instance, before the First-Tier Immigration Tribunal (formally known as the “First-Tier Tribunal (Immigration and Asylum Chamber)”), which is an independent tribunal staffed by Immigration Judges, who are qualified lawyers. It is a proper legal forum, which deals thoroughly with the cases and issues before it. But

Overstaying and overstayers

An overstayer is somebody who has remained in the UK beyond the period of their visa. A person, for example, comes to the UK on a six-month visitor visa but – for whatever reasons – they remain in the UK after the six-month period. Not everybody knows this (and probably not everybody needs to) but overstaying is a criminal offence. However, prosecutions for overstaying are very rare; the authorities normally try to deal with overstayers by removing them from the UK, not

Can the landlord claim from you the arrears owed by the previous owner?

Can the landlord claim from you the arrears owed by the previous owner? Needless to say, you, as a buyer of a leasehold property, would expect your solicitors to undertake careful due diligence before contracts are exchanged. Such due diligence should draw to the surface all matters of risk that need to be addressed before the ownership passes to you. Recent case law highlighted how indeed important such due diligence is. A buyer has bought a leasehold property. It was not until