RSL Blog

Immigration Judge tries to change his mind – unsuccessfully

As those who spend their time hanging around the First-Tier Immigration Tribunal will know, sometimes the Immigration Judge gives a verbal decision at the end of the hearing. In such cases it seems, in practice, that the Judge will only do so when the decision is positive (ie when the migrant is successful). And – highly presumably – only when they are sure that the migrant’s case should succeed. If the case is complicated or requires further analysis then they

Could you be deprived of your British citizenship?

This is a question that recently came to the fore in the media with the case of Shamima Begum, the teenager from London who went to join Islamic State (deemed to be a terrorist organisation) in Syria. She is – or rather was – a British citizen and the Home Secretary has stripped her of her British citizenship. Or at any rate he thinks he has but she is going to appeal. Whatever the facts of this particular case certainly the

Brexit – EEA immigration rights – where are we?

The idea of Brexit seemed a simple one: The People (or some of them at any rate) would be able to vote in a referendum to decide whether the UK should remain in the EU or leave. Subsequently the Government would implement or abide by The People’s decision. But it became a great deal more complicated than that. The Government has discovered – and increasingly so as events have moved on – that it cannot act freely without agreement from Parliament.

Ten years’ continuous residence – settlement – appeal

As many readers may know, there is a rule within the immigration rules that enables migrants who have lived in the UK for ten continuous years – under any type of visa or any combination of visas – to acquire indefinite leave to remain (ie settlement) on that basis. The principle is a simple one and, unless there are any significant countervailing factors, the migrant can rely on it. Briefly and basically, the applicant has to show that they have been

Immigration Rules – children – sole responsibility

The UK Immigration Rules generally cater quite well for close dependants, ie partners and children. If the main applicant (in, for example, working, investment or study visa categories) meets all the various visa application requirements their close dependants can – unless there are any strongly adverse factors – successfully apply for dependant visas. If the main applicant’s application is unsuccessful then of course the dependants’ applications are refused as well – a dependant’s application stands or falls with that of the

Extradition requests from Russia – continued

We recently reported about the High Court case of “Shmatko”, in which Mr Shmatko successfully resisted extradition to Russia. He won the case on the basis of unacceptable conditions within the Russian prison system and human rights, but the court also appeared to have some strong feelings about the inadequacies of the Russian courts and justice system, although these issues were not fully tested. The court’s judgement reminded us of the interesting fact that some recent extradition requests from Russia to the

Tier 1 Investor reform and Tier 1 Entrepreneur replacement?

Late last year the Home Office abruptly announced that the Tier 1 Investor visa route was going to be suspended then, equally abruptly, that it was not going to be suspended after all. The very vague given reason for this extraordinary volte face was apparently an objection from another Government department. As we explained at the time, the Home Office apparently intends to re-structure the Tier 1 Investor visa such that applicants have to prove the provenance of their funds to

How criminal convictions affect settled status for EU citizens?

The EU Settlement Scheme scheme has been set up by the UK government for European residents to apply for “settled status” after Brexit. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. EU citizens who do not apply for this new status will, eventually, become unlawfully resident. This statement is not designed to scare anyone. But it is important to realise that you cannot get settled

Tier 1 Investor visa to be suspended

   According to some media reports (including the BBC, so it must be true) the Tier 1 Investor scheme is to be suspended, possibly as early as Friday 7 December. Tier 1 Investors are able to acquire visas by investing at least £2 million in British companies or UK Government bonds, and the majority of such migrants are Russians and Chinese. There has over the past few months been some talk in UK Government circles about investment funds having been obtained illegally

Questions & Answers: Unmarried partners of EEA nationals – unequal rights

  Question: There is no strict two-year rule for such unmarried partners: the migrant concerned only has to demonstrate that there is a “durable relationship” – but of course a lengthy cohabitation is useful evidence in such a case”. Is this not a prerequisite??? Answer:  Under UK immigration law, specifically the Immigration Rules, the basic requirement for an unmarried partner is that they have been living with the settled partner for at least two years.  In fact, to put it a bit more strongly, if