Category Archives: Settlement

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

Court of Appeal disapproves of tribunal’s decision in Capparelli

R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading

Posted in Appeals, British Citizenship, Court of Appeal, European Union, Free Movement, Immigration Rules, Permanent Residence, Settlement, Sri Lanka, Tribunals | Tagged , , , , | Leave a comment

HC 590: Changes to MIR, Skilled Worker and other rules

Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses | Tagged , | Leave a comment

Appendix FM leave knocks out Zambrano right of residence

R (Akinsanya & Anor) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024) Eyre J has held that before Brexit, the right to reside in the UK available to carers under the decision in … Continue reading

Posted in Appendix EU, Appendix FM, Brexit, Children, Immigration Rules, Judicial Review, NRPF, Settled Status, Settlement, Zambrano | Tagged , , , , , , , | Leave a comment

Supreme Court dismisses long residence appeals

Afzal, R (on the application of) v Secretary of State for the Home Department [2023] UKSC 46 (28 November 2023) In dismissing these two appeals, the Supreme Court has held that for the purposes of an application for indefinite leave … Continue reading

Posted in Appeals, Court of Appeal, ILR, Immigration Rules, Judicial Review, Long Residence, Nigeria, Overstaying, Pakistan, Section 3C Leave, Settlement, UKSC | Tagged , , , , , , | Leave a comment

One-application-at-a-time policy: Court of Appeal differentiates ‘human rights claim’ from ‘leave to remain’

MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 (15 October 2021) The Court of Appeal has held that an ILR application as a victim of domestic violence does not inherently involve a human rights … Continue reading

Posted in Appendix FM, Article 8, Court of Appeal, Domestic Violence, ECHR, Human Rights, Immigration Rules, Pakistan, Settlement, Spouse visa | Tagged , , , | Leave a comment

Revival of section 3C leave approved by Court of Appeal 

R (Akinola & Anor) v Upper Tribunal & Anor [2021] EWCA Civ 1308 (26 August 2021) In these judicial review proceedings, the Court of Appeal decided that in circumstances where an extension of time had been granted for an out-of-time … Continue reading

Posted in Court of Appeal, Hostile Environment, Immigration Rules, Judicial Review, Section 3C Leave, Settlement, UKSC | Tagged , , , , | Leave a comment

Court of Appeal: De facto adoption rules seem to be irrational

R (AK & Ors) v The Entry Clearance Officer (Islamabad) & Anor [2021] EWCA Civ 1038 (09 July 2021) In these proceedings concerning an application for permission to appeal, the court commented, but it did not decide, that there is … Continue reading

Posted in Adoption, Adoption Convention, Afghan War, Appeals, Article 14, Article 8, Asylum, Children, Court of Appeal, ECOs, Entry Clearance, Families, Immigration Rules, Judicial Review, Refugee Convention, Settlement, Spouses, Tribunals | Tagged , , , , , , , , , , | Leave a comment

Time spent in the UK as a visitor counts as ‘residence’ for ILR

R (Mungur) v Secretary of State for the Home Department [2021] EWCA Civ 1076 (15 July 2021) On the important subject of indefinite leave to remain (ILR) on the grounds of 10 years’ continuous residence, the Court of Appeal has … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Entry Clearance, Immigration Rules, Judicial Review, Long Residence, Settlement, Students, Tier 4, UKSC, Visitors | Tagged , , , , , , , | Leave a comment

Supreme Court dismisses deportation appeal of settled Iranian national who lawfully entered the UK as a child

Sanambar v Secretary of State for the Home Department [2021] UKSC 30 (16 July 2021) The Supreme Court unanimously dismissed Mr Sanambar’s appeal and held that the Upper Tribunal correctly approached the balancing exercise required by article 8 of the ECHR and it … Continue reading

Posted in Appeals, Article 8, Asylum, Automatic Deportation, Deportation, ECHR, ECtHR, Families, Immigration Act 2014, Immigration Rules, Iran, Public Interest, Removals, Settlement, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Government prevails over sexual offender in Court of Appeal

Secretary of State for the Home Department v Starkey [2021] EWCA Civ 421 (26 March 2021) In the SSHD’s appeal against a decision of the UT overturning a deportation order made in respect of Mr Deon Starkey, the Court of … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Deportation, Permanent Residence, Settlement, Sexual Offences, South Africa | Tagged , , , | Leave a comment

Local authority can apply for EUSS settled status for children in care without court approval

W and Re Z (EU Settled Status for Looked After Children) [2021] EWHC 783 (Fam) (31 March 2021)  In these proceedings the court was required to determine whether local authorities needed its authorisation to apply for immigration status or passports … Continue reading

Posted in Appendix EU, Brexit, Children, European Union, EUSS, Family Court, Free Movement, Settled Status, Settlement, Windrush | Tagged , , , , , | Leave a comment

Refusal of ILR but grant of leave means no right of appeal

R (M Aleem Mujahid) v First Tier Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 449 (31 March 2021) These proceedings turned on the question where a person who is in the UK makes an application for indefinite leave to … Continue reading

Posted in Access to Justice, Appeals, Article 8, Court of Appeal, Curtailment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Post Study Work, Settlement, Tier 1, Tribunals, UKSC | Tagged , , , , , | Leave a comment

SSHD succeeds against BNO in Court of Appeal

The Secretary of State for the Home Department v Tariq [2021] EWCA Civ 378 (16 March 2021)  In these proceedings the Court of Appeal held that Helen Mountfield QC, sitting as as a Deputy High Court Judge of the Administrative … Continue reading

Posted in Citizenship and Nationality, Court of Appeal, Expert Evidence, Hong Kong, Immigration Rules, Judicial Review, Pakistan, Settlement, UKSC | Tagged , , , | Leave a comment

Government can retain passport without removing citizenship

R (Xhelilaj) v Secretary of State for the Home Department [2021] EWHC 408 (Admin) (24 February 2021) Mr Edmir Xhelilaj, a British citizen whose stated place of birth is now in the Republic of North Macedonia, sought judicial review of … Continue reading

Posted in Article 8, Asylum, Citizenship and Nationality, ECHR, Judicial Review, Settlement | Tagged , , , | Leave a comment

Court of Appeal refuses relief in “bad” paragraph 322(5) cases

R (Baldha & Anor) v The Secretary of State for the Home Department [2020] EWCA Civ 1494 (10 November 2020)  In two tax discrepancy matters with some similarities, sitting alone Hickinbottom LJ decided to refuse permission to amend and permission to appeal in … Continue reading

Posted in Article 8, Costs, Court of Appeal, Immigration Rules, India, Judicial Review, Overstaying, Paragraph 322(5), PBS, Settlement, Tax, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Inaccessible new Immigration Rules are not “good law”

The Home Secretary, Priti Patel has gleefully announced “After many years of campaigning, I am delighted the Immigration Bill which will end free movement on 31st December has today passed through Parliament. We are delivering on the will of the … Continue reading

Posted in Access to Justice, Appendix Continuous Residence, Appendix Finance, Appendix Shortage Occupation Lists, Appendix Skilled Worker, Court of Appeal, Global Talent, Immigration Act 2020, Immigration Rules, Overstaying, PBS, Settlement, Tier 2, Tier 4 | Tagged , , , , , | 1 Comment

Court of Appeal rebukes poor drafting of Immigration Rules

Hoque & Ors v Secretary of State for the Home Department [2020] EWCA Civ 1357 (22 October 2020) The Court of Appeal has deeply criticised the “labyrinthine structure” and “idiosyncratic drafting” of the the Immigration Rules and “the confused language … Continue reading

Posted in Article 8, Bangladesh, Court of Appeal, ECHR, Education, Immigration Rules, Long Residence, Overstaying, Pakistan, Settlement, Tier 1, Tier 2, Tier 4, Tribunals, UKSC, Working | Tagged , , , , , , , , | Leave a comment

A look at the new Home Office adoption guidance 

The new guidance Adopted children and children coming to the UK for adoption (Version 1.0) was published by the Home Office on 23 July 2020. It informs decision-makers how to decide applications for leave to enter or remain in the … Continue reading

Posted in Adoption, Adoption Convention, Article 8, Children, Citizenship and Nationality, ECHR, Families, Habitual Residence, Immigration Rules, Nationality, s 55 BCIA, Settlement, UKSC | Tagged , , , , , , , , | Leave a comment

Court of Appeal refuses to reopen paragraph 322(5) appeal

R (Akram) v Secretary of State for the Home Department [2020] EWCA Civ 1072 (12 August 2020) The Court of Appeal has refused to reopen the appeal of a Pakistani Tier 1 (General) Migrant who had been refused indefinite leave … Continue reading

Posted in Appeals, Article 8, Court of Appeal, Hostile Environment, Immigration Act 2014, Immigration Rules, Judicial Review, Pakistan, Paragraph 322(5), PBS, Settlement, Tier 1, Tribunals | Tagged , , , , , , | Leave a comment