News
21.11.2023 - Court of Appeal says deportation of mother of British child not “unduly harsh”
The Court of Appeal has dismissed an appeal against the deportation of a mother with a British citizen child, finding that their separation would not be “unduly harsh”. The case is FN (Burundi) v Secretary of State for the Home Department [2023] EWCA Civ 1350.
Background
The appellant is a citizen of Burundi who arrived in the UK on 10 September 2003. In December 2007 she gave birth to a daughter, J, who is a British citizen. In 2009 the appellant was sentenced to 15 months’ imprisonment for offences including fraudulently claiming benefits. During the 7.5 months she was in prison, J’s father ...
15.11.2023 - Supreme Court finds Rwanda is not a safe country to which refugees can be removed
The Supreme Court has today held that Rwanda is not a safe country and that it would be unlawful for refugees to be removed there. The government’s appeal against the Court of Appeal’s judgment has been dismissed.
Rwanda is widely acknowledged as having a poor human rights record. It is therefore in breach of numerous treaty commitments it has made. And the courts in Rwanda do not act an effective check on government behaviour: there is no real judicial independence. Further, the Rwandan government breached the terms of a previous asylum deal into which it entered with Israel. It is therefore ...
15.11.2023 - UK opens electronic travel authorisation scheme
The UK’s electronic travel authorisation (ETA) scheme has officially opened for Qatari nationals who, from today, need one to travel to the UK.
Last year, the UK welcomed almost 800,000 visitors from the Gulf, 45,000 of whom came from Qatar, with this set to increase over the next few years.
Nationals of Bahrain, Kuwait, Oman, United Arab Emirates, Saudi Arabia and Jordan will need an ETA if they’re visiting the UK from 22 February 2024, and can apply for their ETA from 1 February 2024.
ETAs are replacing Electronic Visa Waivers (EVW) which the majority of Gulf nationals currently apply fo...
13.11.2023 - Important changes to the way late EUSS applications are treated
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously.
As most readers will be aware, unless applying as a joining family member, applications to the EU Settlement Scheme were supposed to be made by the deadline of 30 June 2021.
The Home Office test for assessing a late EUSS application is whether there are ‘reasonable grounds’ for the late application. The Home Office policy for late EUSS applications was first fully set out in version ...
09.11.2023 - British government expands list of safe countries allowing more removals
The Government will add India and Georgia to a list of safe states to speed up process of returning people who have travelled from either country illegally.
Draft legislation laid in Parliament on Wednesday 8 November will strengthen the immigration system and help prevent abuse, including by people making unfounded protection claims. This marks another next step in the delivery of the Illegal Migration Act 2023 and Government’s plan to stop the boats.
Indian and Georgian small boat arrivals have increased over the last year despite individuals not being at obvious risk of persecution. Deeming...
31.10.2023 - What happens when biometric residence permits expire in 2024?
Biometric residence permits, due to expire at the end of December 2024, are to be replaced with “eVisas“. Home Office guidance explains that people will need to register and set up an online account so that they can view and share relevant information about their immigration status with third parties, such as employers or landlords. The guidance states:
You can do this by generating a share code in the view and prove service, which will give them time-limited access to your immigration status information. You can get a new share code whenever you need one – you do not have to remember a single...
23.10.2023 - Immigration health surcharge rise to come into effect no earlier than 16 January 2024
On 16 January 2024 or later, the immigration health surcharge will increase from £470 per year to £776 per year for children, students, their dependants and youth mobility workers. The charge will increase from £624 per year to a whopping £1,035 per year for everyone else.
The increase will come into force on the later of 16th January 2024 or the twenty-first day after the day on which it is made. The Order needs to be approved by both Houses of Parliament.
The original announcement of the fee increase said that it would be used to fund public sector pay increases but that reason appears to h...
12.10.2023 - Court of Appeal upholds deprivation of citizenship decision
The Court of Appeal has upheld a decision made the Home Secretary to deprive a person of their British citizenship on the basis that it was obtained by dishonest concealment of a material fact. Namely, that the appellant did not disclose what appeared to be an ongoing relationship between he and his wife in Pakistan at the time he obtained leave based on his relationship with an EEA national.
Background
The appellant came to the UK as a student in March 2006. In December 2006 he started a relationship with a Polish national, Ms Lebkowska. A divorce deed was signed by his wife, Ms Sbuhi, in Pak...
29.09.2023 - Immigration update as regards changes in the immigration system in Autumn 2023
BRP Card Deliveries via Royal Mail
As of Monday 18th September 2023, the Home Office has shifted to using Royal Mail for BRP card deliveries. A signature is no longer required. In case of delivery issues, redelivery can be arranged, or the BRP card can be collected from the local Royal Mail delivery office. Ensure your address details with UKVI are accurate since changes after BRP production are not possible.
The introduction of Electronic Travel Authorisation (ETA) from 25 October
ETA will be introduced on a phased basis starting from 25 October 2023.
- Applicable to Non-Visa Nation...
15.09.2023 - New visa fees set to come into effect next month
Increases to immigration and nationality fees to pay for vital services and allow more funding to be prioritised for public sector pay rises are set come into effect on 4 October, following legislation being laid in Parliament today (15 September).
The changes mean that the cost for a visit visa for less than six months is rising by £15 to £115, while the fee for applying for a student visa from outside the UK will rise by £127 to £490, to equal the amount charged for in-country applications.
In July, the government announced a 15% increase in the cost of most work and visit visas, and an incr...
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