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Posts Tagged 'Home Office'
Earlier this week the Home Office released new guidance on withdrawing asylum claims ("Asylum Policy Instructions - Withdrawing Asylum Claims" version 5.0, 21 June 2016). Withdrawal of asylum claims is provided for in paragraph 333C of the Immigration Rules, which states that, an asylum application can be explicitly withdrawn (by the applicant signing and submitting the relevant withdrawal form) or implicitly withdrawn (see further below). Withdrawal is aimed at those applicants who... Read more »
Posted: Today | Author: Gherson Immigration | Comments (0)
Whilst Tier 1 Entrepreneur applications have for the past couple of years been subjected to the Genuine Entrepreneur test the Home Office are increasingly applying the test to challenge this type of application and in particular initial entry clearance applications. The test is applied for extension, switching categories and Indefinite Leave to Remain applications and is conducted if the Home Office has doubts over the credibility of an application. The test can be carried out in... Read more »
Posted: 22 June 2016 | Author: Gherson Immigration | Comments (0)
Home Office Refuses to Believe Applicant Made An Immigration Application... Then Return Supporting Documents To Him In R (On the Application Of Ufot) v Secretary of State for the Home Department [2016] EWCA Civ 298 the Court of Appeal subjected the SSHD to stinging criticism both for the way in which she handled the application and the management of the subsequent litigation. It is hard not to sympathize with the Appellant, a Nigerian national,... Read more »
Posted: 20 May 2016 | Author: Gherson Immigration | Comments (0)
HIGH COURT AWARDS DAMAGES TO EU FAMILY MEMBER FOR UNLAWFUL DETENTION AND BREACH OF EU LAW In the case of R (on the application of Santos) v Secretary of State for the Home Department [2016] EWHC 609 (Admin) the court awarded an appellant a significant sum of damages for both unlawful detention and breach of EU law. To understand the nature of the damages awarded it is necessary to first look at the facts. The Claimant Mr Santos, is a Brazilian national, who... Read more »
Posted: 13 April 2016 | Author: Gherson Immigration | Comments (0)
CHANGES IN TIER 2 SETTLEMENT POLICY REGARDING CALCULATION OF CONTINUOUS LAWFUL PERIOD IN UK In November 2015, the Home Office announced a change in its policy regarding how it calculates the continuous period of lawful residence in the UK when considering applications for settlement (ie Indefinite Leave to Remain (ILR)) from Tier 2 Migrants. The policy change comes into effect on 6 April 2016. The Tier 2 route enables workers from outside the EEA to fill a particular vacancy that cannot... Read more »
Posted: 11 February 2016 | Author: Gherson Immigration | Comments (0)
Newsflash: Home Office announces changes to the UK Investor category effective from 6 April 2015. Yesterday the Home Office announced further sweeping changes to UK immigration law in a new Statement of Changes. There are three changes to the investor visa category. Firstly the minimum age has been reduced from 16 to 18. This follows the November 2014 changes, which introduced a minimum age of 16 where previously there was no minimum age set. Secondly, a new requirement is... Read more »
Posted: 27 February 2015 | Author: Gherson Immigration | Comments (0)
Certain nationalities who are subject to immigration control in the United Kingdom are required to register with their local police. There is often a misconception as to who, when, where and how someone moving to the UK goes about doing this, and what documents they need to provide. Who has to register? You are required to register with the police if the following applies to you: - You are older than 16 years of age; Your entry clearance (visa) is issued for 6 months or longer;... Read more »
Posted: 23 February 2015 | Author: Gherson Immigration | Comments (0)
Home Secretary Theresa May has announced plans to revamp the current visitor visa application process by scrapping the existing 15 visitor categories and replacing them with 4. The proposals follow a Home Office consultation with more than 100 organisations, including business groups and tourism bodies. The idea behind the changes is to "streamline" the existing visitor visa process and make it user-friendly for applicants. This will involve new categories for tourists, those who wish to undertake... Read more »
Posted: 13 February 2015 | Author: Gherson Immigration | Comments (0)
The Court of Appeal has found in GS (India) and Others v SSHD, [2015] EWCA Civ 40 http://www.bailii.org/ew/cases/EWCA/Civ/2015/40.html that it would not violate Article 3 ECHR to return a number of appellants suffering from serious medical conditions to their home countries, despite the fact that nearly all of them would be at risk of very early deaths if returned. Five of the appellants are suffering from end stage kidney disease (ESKD) and one is at an advanced stage of HIV infection. All... Read more »
Posted: 06 February 2015 | Author: Gherson Immigration | Comments (0)
The Home Office announced this week that commencing from March 2015, Biometric Residence Permits (BRP) are to replace visas in passports issued to non EEA nationals who are granted leave in the UK for more than 6 months. Once the overseas national's immigration application has been approved, the BRP will then become the only evidence of that persons' leave in the United Kingdom. Non EEA nationals will have to apply for a BRP and collect it from an allocated post office within 10 days of arriving... Read more »
Posted: 06 February 2015 | Author: Gherson Immigration | Comments (0)
The Home Office has indicated when it intends to phase in further reforms to the UK immigration appeals system (as per the Immigration Act 2014). These changes have already been phased in for applications made under the Tier 4 category. [ see here ] As of 2 March 2015 it will no longer be possible to appeal a decision to refuse applications under the Tier 1, Tier 2 and Tier 5 categories. As of this date, the main remedy to challenge such refusals will be to request an Administrative Review... Read more »
Posted: 29 January 2015 | Author: Gherson Immigration | Comments (0)
In late December 2014 Home Secretary Theresa May proposed to implement changes to the Immigration Rules in respect of Tier 4 students. These would require foreign students wishing to switch their course of study or apply for a visa in work categories to return to their country of origin in order to apply for any such type of visa. Under the current Immigration Rules students on courses of 12 months or more are given an extra 4 months on their visas in addition to the duration of their course;... Read more »
Posted: 12 January 2015 | Author: Gherson Immigration | Comments (0)
A new statement of changes to the Immigration Rules comes into effect on 6 April. See our update on how this will affect applying for a Restricted Certificate of Sponsorship . Read more »
Posted: 14 March 2013 | Author: Gherson Immigration | Comments (0)
Shadow Home Secretary Yvette Cooper outlined Labour's new approach to immigration last Thursday in an attempt to seize the initiative from a Coalition fraying at the edges and struggling to reach a consensus on its own policy. Despite the Prime Minister stressing that the party would not "lurch to the right" in the wake of the Eastleigh by-election, the rhetoric from some ministers has seemingly been at odds with this statement. Home Secretary Theresa May has announced plans to... Read more »
Posted: 11 March 2013 | Author: Gherson Immigration | Comments (0)
Home Secretary Theresa May has accused judges of making the UK more dangerous by ignoring rules aimed at deporting more foreign criminals. Last year, MPs approved new guidance for judges making clear a criminal's right to a family life had limits. The guidance made clear the right to a family life - set out in Article 8 of the European Convention on Human Rights - was only qualified. The change was designed to end a string of cases where it was used to justify granting foreign criminals... Read more »
Posted: 25 February 2013 | Author: Gherson Immigration | Comments (0)
Judicial review is a type of court proceeding in which a judge reviews the lawfulness of a decision or action made by a public body. In other words, judicial reviews are a challenge to the way in which a decision has been made, rather than the rights and wrongs of the conclusion reached. It is not really concerned with the conclusions of that process and whether those were 'right', as long as the right procedures have been followed and whether the body concerned acted properly and within its... Read more »
Posted: 11 February 2013 | Author: Gherson Immigration | Comments (0)
The Home Office yesterday announced urgent changes to the Tier 1 (Entrepreneur) rules, which took effect as of today, 31 January 2013 . The following changes are applicable to all Tier 1 (Entrepreneur) applications that have not yet been decided and apply to applicants who seek entry clearance or leave to remain in the UK as a Tier 1 (Entrepreneur) migrant for the first time. Changes to note are as follows: The introduction of a 'genuine entrepreneur test' which, it... Read more »
Posted: 31 January 2013 | Author: Gherson Immigration | Comments (0)
Attending the Public Enquiry Office can be a daunting experience, if for no other reason than the outcome is so important. But the process itself need not be daunting: After managing to book an appointment at the Public Enquiry Office in Croydon for Tatyana and her family, I'm on my way to Croydon with the application bundle. About twenty minutes from London Victoria Station the train pulls into East Croydon Station. It's snowing so I walk quickly to Lunar House, the building that... Read more »
Posted: 23 January 2013 | Author: Gherson Immigration | Comments (0)
Gherson has represented many clients in appeals to the First-tier and Upper Immigration Tribunals . Recently we have started to see a worrying trend in withdrawals of the UKBA decision days or minutes prior to the hearing. We have been told that the Home Office Presenting Officer's unit that represents the UK Border Agency at appeals has a new policy that, where they consider the refusal to be indefensible, they withdraw the decision and refer the matter back to the British... Read more »
Posted: 18 January 2013 | Author: Gherson Immigration | Comments (5)
Theresa May's 12 December speech follows many robust government statements on curbing immigration. However, it may presage a slight change of tack. Our concern has been that in reducing immigration, the new rules have often engaged the wrong target, causing undesirable collateral damage. There now appears to be recognition of this. The speech mentions specifically "measures we are taking to make us more discerning when it comes to stopping the wrong people from coming here and even more... Read more »
Posted: 19 December 2012 | Author: Gherson Immigration | Comments (0)
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