Publications

Overstaying rules – it’s all rather complicated

An overstayer is somebody who has outstayed their welcome, at least as far as the Home Office is concerned: ie somebody who used to have immigration leave but no longer has it. There was always a strange discrepancy between the criminal law and immigration law as far as overstaying is concerned. Somebody who is an overstayer is committing a criminal offence for which – in theory at any rate – they could be prosecuted. But this is a rather vacuous reality

Is this goodbye to ‘no fault evictions’?

Are you a private landlord or private tenant in England? If so you will no doubt be interested to know that the Government has launched a consultation exercise on “no-fault evictions” in England. A no-fault eviction is where a landlord evicts a tenant who has not breached any of the conditions of the tenancy but the landlord nonetheless decides to re-possess the property. As the law stands at the moment, in many cases a landlord can re-possess a property subject to

Extradition request from Russia – Shmatko case

A recent case in the High Court of England and Wales, “Alexey Shmatko and The Russian Federation”, threw some interesting light on extradition requests from Russia and the view of the British courts. Some people might be surprised to know that Russia and the UK have an extradition arrangement. Also perhaps surprising for some is the fact that Russia, being a member of the Council of Europe, purportedly submits to the jurisdiction of the European Court of Human Rights. So on

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