News
19.03.2020 - Grant of limited instead of indefinite leave does not generate human rights appeal
In Mujahid [2020] UKUT 85 (IAC), President Lane holds that where a person applies to the Home Office for indefinite leave to remain and is refused indefinite leave but granted limited leave instead, that decision is not a refusal of a human rights claim as defined at section 82 of the Nationality, Immigration and Asylum Act 2002. Therefore there is no statutory right of appeal against the decision.
This is despite the initial application, which was refused after all, being treated as a human rights claim. If a challenge is to be brought, it would have to be a judicial review.
The outcome is no...
19.03.2020 - 300 people turned down by EU Settlement Scheme
The EU Settlement Scheme statistics for February 2020 are out. They show 300 refusals. The Home Office told that the increase is mainly due to refusals for eligibility, not over criminality.
The two core reasons, the Home Office says, for the jump in refusals are:
- Failing to provide eligibility evidence, either at the application stage or in reply to requests from the Settlement Resolution Centre.
- Non-EEA/Swiss family members failing to evidence their relationship to the EEA/Swiss sponsor. This could include failing to provide a marriage certificate or not possessing the relevant doc...
19.03.2020 - Bank of England cuts interest rates to all-time low of 0.1% due to coronavirus.
The Bank of England has cut interest rates to an all-time low of 0.1% in a further emergency measure to try and limit the economic impact of the coronavirus pandemic. A week ago, the Bank of England cut in rates to 0.25% to help businesses and individuals cope with the economic damage caused by the coronavirus.
The decision to reduce the base interest rate again is an additional emergency measure designed to reduce the economic challenges presented by the coronavirus Covid-19.
It will also buy an additional £200bn of UK government and corporate bonds with an effort to lower the cost of borrowi...
18.03.2020 - Family life: substance over form
Uddin v Secretary of State for the Home Department [2020] EWCA Civ 338 is an important case in which the outgoing Senior President of Tribunals provides the judges who serve in his Immigration and Asylum Chamber with very strong guidance on mixed credibility findings and the assessment of family life.
Placed in foster care in the UK
Mr Uddin is a citizen of Bangladesh who was abandoned in London in 2013, aged 13. He was placed with foster carers by the local authority. The Home Office refused him asylum but granted leave to remain on the basis of his age.
He then applied to extend his leave o...
16.03.2020 - Long waits for visa documents may give rise to compensation
The Home Office may have to pay compensation in the case of major blunders, the Court of Appeal has said in a significant new ruling, Hasson v Secretary of State for the Home Department [2020] EWCA Civ 329.
Challenging an impressive new low by the Home Office, Mr Hasson sought compensation after being left waiting 25 months for a biometric residence permit (BRP) confirming his right to live and work in the UK.
On 20 May 2016, the Home Office sent the Mauritian citizen a letter confirming he had been granted leave to remain in the UK until 20 November 2018, promising his BRP would be sent withi...
13.03.2020 - Genuine chance of being engaged test for retaining EU worker status found unlawful
EU citizens do not have to prove that they have a “genuine chance of being engaged” in order to retain worker status under European Union law, the Upper Tribunal has held. The case is KH v Bury MBC and SSWP [2020] UKUT 50 (AAC).
Martin Williams of the Child Poverty Action Group brought the case on behalf of KH, a Polish citizen. KH needed to prove that she retained the status of worker after being unemployed for over six months, in order to keep her housing benefit. Standing in her way were the EEA Regulations, which provide (in both the 2006 and 2016 versions) that someone in this position mu...
13.03.2020 - New statement of changes to the Immigration Rules (2020)
The government continues to keep us up-to-date with yet another statement of changes to the Immigration Rules.
All the changes appear to take effect on 6 April 2020.
Surinder Singh cases
The amendments confirm that, to use this route, the UK citizen needs to be resident abroad and exercising free movement rights before the end of the transition period. This is the quite specific time of 23:00 GMT on 31 December 2020. The previous version of the rules was not particularly clear on this.
The upshot is that people availing of the Surinder Singh route can return to the UK any time before on 29 Ma...
12.03.2020 - Immigration Health Surcharge rising to £624 in October 2020
The Immigration Health Surcharge is to increase from £400 to £624 in October 2020, the government has announced.
The rise was confirmed during the Budget, which Chancellor Rishi Sunak presented to Parliament today. An accompanying policy costings document states:
This measure increases the Immigration Health Surcharge from the current level of £400 per year to £624 per year for each surcharge liable non-EEA temporary migrant (including dependants). The measure also increases the discounted rate for students, their dependents and those on the Youth Mobility Scheme from £300 to £470. The surcha...
11.03.2020 - Key points from budget 2020
Chancellor Rishi Sunak on 11 March 2020 delivered a new 2020 Budget to Parliament.
Please find below our summary of the key points of chancellor’s speech.
Coronavirus
- The government is doing everything to keep country and people healthy and financially secured
- Fiscal stimulus totalling £30bn, including welfare and business support, sick-pay changes and local assistance, including £7bn for businesses and families and £5bn for the NHS
- The chancellor says he believes this is larger than any other country at present
Welfare
- £1bn of additional funding, including a £500m local aut...
11.03.2020 - Bank of England urgently cuts interest rate to 0.25% due to coronavirus.
On Wednesday 11 March 2020 The Bank of England has slashed the main interest rate by 0.5 points from 0.75% to 0.25%, which is for the first time since August 2016. This decision is explained by the need to support the country's economy, which suffers from restrictive measures during the outbreak of coronavirus infection COVID-19.
‘Following the spread of Covid-19, risky asset and commodity prices have fallen sharply, and government bond yields reached all-time lows, consistent with a marked deterioration in risk appetite and in the outlooks for global and UK growth. Indicators of financial mar...
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