News

10.03.2020 - Home Office abandons “centre of life” test in Surinder Singh cases

The Home Office has updated its guidance on Surinder Singh cases to remove all reference to a “centre of life” test. This follows the case of ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC) in which the Upper Tribunal found that the test was made-up nonsense and incompatible with EU law.

Surinder Singh is an immigration route that allows British citizens who have moved to another EU country to return with non-European family members, bypassing the strict rules on UK family visas that apply to people who have not exercised free movement rights. The Home Office has always...

09.03.2020 - EU citizens are protected by EU law, High Court reminds government

The High Court has held that the Home Office trying to apply its “deport first, appeal later” policy to EU citizens is incompatible with European Union law. The case is Hafeez v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin).

So what’s changed?

This will be a helpful decision for EU citizens facing deportation from the UK and those representing them. It makes it clear that EU law applies to all stages of the deportation process.

The Home Office can still certify cases and deport EU nationals before their appeals have concluded. However it needs to apply EU law when d...

05.03.2020 - Landmark Immigration Bill to end free movement introduced to Parliament

The bill will end free movement and give the government full control of UK borders for the first time in four decades.

The Immigration Bill will be introduced to the House of Commons today (Thursday 5 March) ending the European Union’s rules on free movement.

It represents an important milestone in paving the way for the new UK points-based immigration system. It will be introduced by the Minister for Future Borders and Immigration, Kevin Foster, and marks an historic moment in the country’s history, following the UK’s departure from the EU on 31 January 2020.

Minister for Future Borders and I...

26.02.2020 - Adult step-children of EU citizens don’t qualify for family member residence cards

Ronnie Latayan came to the UK from the Philippines on a visit visa in 2004 and has been here ever since, through multiple unsuccessful applications for further leave to remain. Now 46, Ms Latayan lives with her mother, a naturalised British citizen with an Irish partner.

In Latayan v Secretary of State for the Home Department [2020] EWCA Civ 191, the Court of Appeal heard Ms Latayan’s appeal against her latest Home Office refusal. She had applied for an EEA residence card, arguing that she was a dependent of her mother’s partner. Ms Latayan described him as her “stepfather” and said that he se...

20.02.2020 - CLOSURE OF TIER 1 (EXCEPTIONAL TALENT)

As it is known now, Tier 1 (Exceptional Talent) was replaced by the Global Talent category on 20 February 2020. 

However, a number of transitional arrangements apply to applicants who are affected by this change, such as the following: 

  • Applicants who hold a valid Tier 1 (Exceptional Talent) endorsement (Stage 1) but have not yet applied for entry clearance or leave to remain in line (Stage 2), can use this endorsement to apply for Global Talent.  The initial requirements mirror those previously applied to Tier 1 (Exceptional Talent) applicants. 
  • Applicants who currently hold Tier 1 (...

19.02.2020 - Government abandons “Australia-style” immigration system

Today, the government has released a few more details of what it calls a “points based system” for immigration to the UK after Brexit.

Absent from the government press release and accompanying policy statement is any description of this system as “Australia-style”, previously a staple of government rhetoric. That is at least accurate: the Australian or Canadian version of a points based system allows economic migrants to settle in those countries permanently without employer sponsorship if they have various blends of abilities and qualifications. These proposals go nowhere like that far: they ...

17.02.2020 - Coronavirus: immigration guidance if you're unable to return to China from the UK

Due to travel restrictions because of coronavirus some individuals may be facing uncertainty in relation to the expiry date of their current visa or leave to remain in the United Kingdom. The Home Office understands that in many cases this is because of circumstances outside of your control.

Subject to the below guidance, most people in the UK whose immigration status is affected by the coronavirus outbreak will get an automatic extension of their visa until 31 March 2020.

Read the guidance below to find out if your visa will be automatically extended or if you need to contact the Home Office’

13.02.2020 - Surinder Singh route still requires genuine residence abroad

The Court of Appeal has confirmed that in order to benefit from the Surinder Singh principle, the family involved must have genuinely resided in another EU country and have created or fortified their family life there.

In Kaur & Ors v Secretary of State for the Home Department [2020] EWCA Civ 98 it rejected the argument that, as a result of the Court of Justice decision in C-202/13 McCarthy No.2, anyone with a residence card from another member state is entitled to have their family come and live with them in the United Kingdom.

The facts of this case are not attractive. Mr Singh and Mrs Kaur ...

06.02.2020 - Somaliland marriages are valid

The case of MM v NA (Declaration as to Marital Status) [2020] is very niche, but may be of interest to practitioners with clients who got married in Somaliland (or in other non-recognised countries) and wish to rely on that marriage for immigration purposes.

Immigration lawyers must think about a marriage’s validity whenever they are making a visa application on the basis of a relationship. Although more often than not the answer is straightforward, there are some tricky cases. Examples we have seen include whether a marriage is valid if it was entered into relying on a fake identity, or wheth...

02.02.2020 - New EU visa rules

New EU rules on short-stay visas apply worldwide from 2 February 2020. They make it easier for legitimate travellers to apply for a visa to come to Europe, facilitating tourism, trade and business, while providing more resources for countering irregular migration risks and threats to internal security.

Which non-EU countries do the new rules apply to?

The changes apply to travellers from all countries which need visas to travel to the EU. Currently, citizens from 105 non-EU countries or entities are required to have a visa. Nothing changes for countries benefitting from visa-free travel to th...

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