News

04.06.2021 - Coronavirus and the UK immigration system (as of 04 June 2021)

People stuck outside the UK

On 11 January 2021, the Home Office published a Covid Visa Concession Scheme. It is designed to help people who had permission to live in the UK but whose permission expired while they were stuck abroad due to coronavirus travel restrictions, leaving them unable to return. Provided they meet the eligibility criteria in the guidance, such people will be granted entry clearance valid for three months to allow them to travel back to the UK and apply properly to extend their stay. 

Those who left the UK after 17 March 2020 will only be considered for this concession in...

03.06.2021 - Murderer’s bid to be deported foiled by extradition request

A convicted murderer and father of a Portuguese football star has lost a legal challenge arguing for his own deportation in order to get out of prison earlier than the Parole Board will allow. The case is R (Lopes) v Secretary of State for the Home Department & Anr [2021] EWCA Civ 805.

Convicted of murder in the UK

Filomeno Antonio Lopes, 53, is originally from Guinea-Bissau but moved to Portugal in the early 1990s. He is wanted by the Portuguese authorities for several armed robberies allegedly committed in 1999. That same year, he came to the UK — the government’s take is that he “fled” Port...

02.06.2021 - Home Office accidentally discriminates against trafficking victims with kids

The High Court has declared that an anomaly in the benefits system which disadvantages victims of trafficking who receive asylum support is discriminatory and in breach of Article 14 of the European Convention on Human Rights. Unusually, the Secretary of State confessed to the court that she was not sure how the difference in treatment had happened and her only defence was that she wanted more time to think about how to fix it. Having granted her five extensions to prepare her case, in R (MD) v Secretary of State for the Home Department [2021] EWHC 1370 (Admin) the High Court decided enough wa...

01.06.2021 - Illegal working checks must adapt to the work-from-home age

All being well, the government’s advice to work from home looks likely to be lifted from 21 June 2021. With offices filling up, and city streets bustling, normal working life is starting to resume. But remote working patterns are clearly popular with workers and employers, and are likely to be around for some time to come. 

The growth in remote working has implications for the obligations of employers under immigration law, particularly in relation to checking their employees’ right to work in the UK. This system has traditionally required the physical presence of the employee or their immigra...

01.06.2021 - Trafficking authorities not experts on trafficking says criminal Court of Appeal

The Court of Appeal’s Criminal Division has concluded that Home Office trafficking decisions are not admissible in criminal proceedings. Brecani v R [2021] EWCA Crim 731 concerned a 17-year-old convicted of taking part in a conspiracy to supply cocaine. During the trial, the Single Competent Authority — the arm of the Home Office that deals with trafficking cases — issued a conclusive grounds decision that he is a victim of trafficking, but the judge refused to admit it as evidence. The Court of Appeal confirmed that this decision was correct.

As a general rule, opinion evidence is excluded in...

01.06.2021 - House prices jump 10.9% as 'race for space' intensifies

UK house prices soared 10.9% in the year to May, the highest level in seven years, according to the Nationwide.

The average house price has risen to £242,832, up £23,930 over the past twelve months.

Buyers are in a "race for space" as they seek larger homes and properties with gardens, Nationwide said.

"The market has seen a complete turnaround over the past twelve months," said Robert Gardner, Nationwide's chief economist.

A year ago, activity collapsed in the wake of the first lockdown with housing transactions falling to a record low of 42,000 in April 2020, he said.

"But activity surged to...

27.05.2021 - Government to waive settlement fees for Commonwealth soldiers with 12 years’ service

The government is proposing to waive settlement fees for certain non-British members of the armed forces. A consultation on the draft proposal, launched yesterday, follows years of Commonwealth soldiers being denied the right to remain in the UK after discharge because of fees and lack of advice on the paperwork required.

Citizens of certain foreign countries, mostly those in the Commonwealth, are eligible to serve in Her Majesty’s Armed Forces. Around 9,000 foreign nationals currently do so. They are eligible for indefinite leave to remain afterwards, provided that they have served for four y...

27.05.2021 - Covid: Banks call for overhaul of mortgage support

Banks and building societies want ministers to extend help for those struggling to pay their mortgage owing to the financial effects of Covid.

Support for Mortgage Interest (SMI) is a loan available to some people in the UK on benefits, which is usually repaid when their property is sold.

Applicants have to wait for 39 weeks after losing their job before they are able to make a claim.

Banks want the wait to cut to 13 weeks, as happened after the financial crisis.

The government said that anyone struggling to pay their mortgage should first go to their lender, who has a duty to support them.

Wh...

27.05.2021 - Migrants win improved access to personal data held by the Home Office

Giving migrants in the UK reduced data protection rights without proper safeguards is unlawful, the Court of Appeal held yesterday. The judgment overturns a 2019 High Court ruling and is a significant victory for the campaign groups involved, who have long campaigned against the so-called “immigration exemption”. The case is R (Open Rights Group & the3million) v Secretary of State for the Home Department & Anor [2021] EWCA Civ 800.

The immigration exemption

Data protection laws give people various rights over their personal information, including to request a copy of what an organisation has o...

25.05.2021 - Lawyers warned not to include brand new arguments in Cart judicial reviews

Always a stickler for procedure, President Lane has again warned lawyers to not judicially review decisions of the Upper Tribunal refusing permission to appeal on grounds that were not before the Upper Tribunal in the first place. The case is Osefiso and another (PTA decision: effect; ‘Cart’ JR) [2021] UKUT 116 (IAC).

Ms Osefiso, from Nigeria, was relying on human rights considerations for permission to remain in the UK. She had previously been granted permission on the private life route and was now applying for further permission to remain for herself and her son, born in 2015, on continuing...

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