Category Archives: Settlement

What is the Meaning of ‘Precarious’ in Section 117B(5) of the NIAA 2002?

Having already heard a string of appeals relating to the meaning of “reasonable” in section 117B(6) and the meaning of “unduly harsh” in section 117C(5) of the Nationality, Immigration and Asylum Act 2002 (as amended), recently in Rhuppiah the Supreme Court … Continue reading

Posted in Article 8, Court of Appeal, ECHR, Immigration Act 2014, Immigration Rules, Precariousness, Proportionality, Public Interest, Settlement, Students, Tier 2, Tribunals, UKSC | Tagged , , , , , , | 1 Comment

Brexit and the EU Settlement Scheme

As if Appendix FM and its sinister siblings were not enough, soon free movement law will interact with the Immigration Rules in the form of Appendix EU so as to implement settled status for EU citizens and their family members. … Continue reading

Posted in Appendix EU, Appendix FM, Article 8, Automatic Deportation, Brexit, Citizens Directive, CJEU, ECHR, Enhanced Protection, European Union, Free Movement, Immigration Act 2014, Immigration Rules, Permanent Residence, Proportionality, Public Interest, Settlement, Spouses, UKSC | Tagged , , , , , , , , , , , | 1 Comment

Statement of Changes in Immigration Rules HC 1154

Interestingly, by virtue of Statement of Changes in Immigration Rules HC 1154, the Home Office claims to extend its commitment to protect and support the most vulnerable people while simultaneously purporting to encourage highly talented students and workers to remain … Continue reading

Posted in Brexit, Children, Exceptional Talent, Financial Services, Immigration Act 2016, Immigration Rules, Investors, PBS, Settlement, Students, Tier 1, Tier 2, Tier 4 | Tagged , , , | Leave a comment

Restricted Leave: Only Rare Cases are Suitable for Settlement

Babar v Secretary of State for the Home Department [2018] EWCA Civ 329 (01 March 2018) Tanvir Babar used to be a Pakistani policeman. He worked in law enforcement for 17 years and was in charge of a squad of … Continue reading

Posted in Appendix FM, Article 3, Article 8, Asylum, ECHR, False Statements, Immigration Rules, Integration, Pakistan, Proportionality, Public Interest, Refugee Convention, RLR, Settlement | Tagged , , , , , , , , , | Leave a comment

Emerging Trends in Investor Visas

Despite Donald J Trump’s best efforts to appease the Kremlin, relations could not be any worse between Russia and the West. The full reach of Moscow’s meddling is obvious from the fact that Arron Banks, Brexit’s bankroller, has rather nefarious … Continue reading

Posted in Appendix V, Brexit, Business, Economy, Entry Clearance, European Union, Immigration Rules, Investors, Israel, Palestine, PBS, Politics, Settlement, Tier 1 | Tagged , , , , | 1 Comment

Parental Conduct and the Seven Year Rule

NS (Sri Lanka) and Ors concerns whether section 117B(6) of the 2002 Act permits parental conduct to be taken into account when answering the vexing question of the reasonableness of expecting a child with seven years’ residence to leave the … Continue reading

Posted in Article 8, Automatic Deportation, Children, Court of Appeal, ECHR, False Statements and Misrepresentations, Families, Immigration Act 2014, Immigration Rules, Misconduct, Nigeria, Post Study Work, Proportionality, Public Interest, s 55 BCIA, Settlement, Sri Lanka, Tribunals, UKSC | Tagged , , , , , , , , , | Leave a comment

Case Preview: Bashir and Others v SSHD

In her Christmas speech to British forces in Akrotiri, the prime minister celebrated the downfall of ISIS. Temporarily relieved from the turbulence of domestic and European politics, a triumphant Theresa May stressed that British military bases in Cyprus – the … Continue reading

Posted in Appeals, Article 14, Asylum, Brexit, CFR, Court of Appeal, ECHR, Human Trafficking, International Law, Italy, Judicial Review, Persecution, Politics, Refugee Convention, Settlement, UKSC | Tagged , , , , , , , , | 1 Comment