News
22.02.2023 - More bad news from the Upper Tribunal for extended family members of EU citizens
What happens when you accidentally apply for an EU Settlement Scheme Family Permit when you meant to apply for an EEA Family Permit under the Immigration (EEA) Regulations 2016?
The answer: you are deprived of the benefit of the EU Settlement Scheme and the EU Withdrawal Agreement.
This is the effect of the Upper Tribunal’s decision in Siddiqa (other family members, EU exit) Bangladesh [2023] UKUT 47 (IAC).
Why are there two different types of application?
Before 31 December 2020 there were two legal regimes operating simultaneously: the EU Settlement Scheme under the UK’s immigration rules (“
21.02.2023 - 2,400 India Young Professionals Scheme visas available under ballot system
The much anticipated India Young Professionals Scheme visas ballot will open at 2:30 pm India Standard Time on 28 February. The ballot will close at 2:30 pm on 2 March 2023.
You will be able to enter the ballot by the link here - https://www.gov.uk/guidance/india-young-professionals-scheme-visa-ballot-system.
The given web-page also confirms some general details about the application process, cost and timings. Eligibility requirements include being an Indian national aged between 18 and 30, with qualification at degree level or above and sufficient savings to support travel to the UK.
A total ...
20.02.2023 - Priority Visa Services for overseas family visa applications
From 20 February 2023 UK Visa and Immigration Service is re-introducing Priority Visa services for customers with a new overseas family visa application. Priority Visa applications will be assessed within 30 days/6 weeks from the date of biometric submission.
The fee for this service is the usual fee of £573.
As regards the practical application of this service, most practitioners state thar the system works slightly different this time though, in a way that you have to submit it as a normal application, they then email you within 1-2 weeks of the biometric appointment and then you are asked i...
17.02.2023 - The risk of visa applications being treated as withdrawn due to travel
This article looks at when you are and are not able to travel, and how important your location is to your application.
Location at the time of submission: does it really matter anymore?
Back when UK Visa and Immigration (UKVI) applications were made by post or in-person at a Public Enquiry Office, an applicant was required to physically hand over their passport. The issues around international travel were largely resolved due to the impracticality of getting the passport back. Now, with applicants retaining passports and the digitalisation of some application processes, the issue of where an a...
14.02.2023 - Differential treatment of Ukrainian and Afghan applications justified on national security grounds
In AB v Secretary of State for the Home Department & Ors [2023] EWHC 287 (Admin), the High Court found that the Home Office did not discriminate against Afghan nationals, compared to Ukrainian nationals, in the context of the biometrics requirement for entry clearance applications.
The facts
AB worked as a prosecutor in Afghanistan, under the International Security Assistance Force, until the Taliban took over in summer 2021. In her role, she was involved in anti-terrorism prosecutions, including of Taliban members. Following the Taliban’s takeover and she was forced to leave Afghanistan and h...
13.02.2023 - Deception and denaturalisation
There are two types of fraud-based denaturalisation in the United Kingdom.
The statutory power to deprive a British citizen of their status on the basis of fraud was introduced in 1914. It is unknown how frequently this statutory power was exercised in previous years but it is thought to be seldom.
A further form of fraud-based denaturalisation emerged through case law. In the 1978 case of Sultan Mahmood [1981] QB 58, a man had adopted the identity of his dead cousin and later purported to register as a British citizen in that identity. The court held that the purported registration was a null...
10.02.2023 - New reported decision on fairness of hearings and durable partners who subsequently marry
As was established by the Upper Tribunal in the case of Elais (fairness and extended family members) [2022] UKUT 00300, the following legal points were adopted by court:
On the court hearings fairness issue:
1. In order to conduct a fair hearing, cross-examination should be facilitated by the judge without undue interruption.
2. Where a transcript or recording is available of a hearing at which it is alleged that the proceedings were unfair, it is less likely to be appropriate to seek an account from the judge as to what took place.
On the extended family member issue under the European immigr...
06.02.2023 - The unintended consequences of denaturalising bad guys
The power to denaturalise a British subject on the basis of their behaviour was first introduced by legislation in 1918. With some adjustments, the power remained broadly the same until as late as 2002. Essentially, only a person who had naturalised as British could be stripped of their citizenship and the main grounds for doing so involved disloyalty or disaffection to the Crown, assisting an enemy or proven criminal conduct. These powers were exercised against some German and allied nationals who had naturalised as British but fell into abeyance. The last denaturalisation under this legal re...
03.02.2023 - Kyiv visa application centre open again
The TLScontact Visa Application Centre (VAC) in Kyiv re-opened on 30 January 2023 for all applications for UK visas that need to submit their biometrics and passports before travelling to the UK.
The VAC will only be open for limited numbers of appointments per day, and may need to close at short notice for security reasons or because of unscheduled power cuts.
You will be able to keep your passport with you after submitting your biometrics.
Please note that if your application is successful, you will need to travel to Warsaw, Poland, to collect your visa to enter the UK. You will not be ab...
02.02.2023 - Bank of England Interest Rate raised to 4%
The Bank of England has lifted UK interest rates to 4%, the highest level in over 14 years, as it continues to battle inflation.
The increase from 3.5%, which was broadly expected by economists, puts more pressures on mortgage payers and businesses struggling to pay off their loans.
This is the 10th meeting in a row at which the Bank’s Monetary Policy Committee has voted to raise UK borrowing costs. UK rates are now at the highest level since October 2008, when the Bank had only just started cutting rates in response to the financial crisis.
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