UK Immigration & Nationality Lawyers

British citizenship for EU national children – entitlement or a matter of discretion?

Human Rights

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British citizenship for EU national children – entitlement or a matter of discretion?

Not every child born in the UK is a British citizen by birth. But every child can be registered at the discretion of the Secretary of State. The Home Office should not be confused as to the basis for exercise of discretion. It is not “exceptionality” that has to be addressed, but the child’s best interests and the child’s most probable place of residence in the foreseeable future.

News

New Restrictions on Immigration Appeals from 1 December 2016

From 1st December 2016 the right to challenge a decision in country will be controlled by administrative decision makers who will have a new power to certify removal of the immigrant as lawful under section 6 of the Human Rights Act and remove the appellant from the UK without waiting for the outcome of the appeal. At present only applications involving aspects of family life in the UK and applications for leave to remain on the basis of long residence are associated with appeal rights. From now on, in country right of appeal will be granted only in those cases where there is a risk of serious irreversible harm if the person is removed before the appeal.

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The Human Rights Act to be scrapped… Hail, Brexit!

We will still remain a party to the European Convention on Human Rights. When asked what the point would be, the post-Brexit Secretary for Justice says "the British Bill of Rights will protect us in a better way". The absurdity of this statement made me wonder if I was reading thedailymash. I wasn't. It may be worth explaining why it is SO nonsensical, and so fundamentally untrue...

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Brexit from immigration lawyer’s perspective

Brexit will affect us all, independently of background, migrants or not, Europeans or Africans. From immigration lawyer's perspective my strong recommendation for EU nationals who have worked in the UK for more than five years is now to apply for a document certifying permanent right of residence. It was not, and still is not, mandatory to have this document. However, it became of much value in November 2015 when it was announced that European citizens were no longer entitled to apply for British citizenship before having held this document for one year.

Success Stories

Kadmos wins a Human Rights immigration appeal for a visitor from Syria

We are delighted to have finally won this appeal after more than two years of fierce fighting in immigration tribunals. Our client’s barrister in the Upper tribunal was Sonali Naik of Garden Court Chambers whose expertise, commitment and painstaking preparation was vital for the success of this case. The appellant was a Syrian national, currently resident in Egypt, who wished to visit her daughter’s family in the UK and who was denied a visitor’s visa due to political situation in Egypt and the war conflict in Syria. The Upper Tribunal referred to conflicting case law on the correct approach to Article 8 claims in appeals related to refusals of entry to the UK. On the very particular facts of this case, the tribunal found there was family life between the appellant and her UK based daughter, son-in-law and grandchildren and concluded “it is clear that the public interest concerned with excluding an individual who the respondent accepts will be a genuine visitor, who will return to her country of habitual residence at the end of her visit, who will not need to rely upon public funds during her visit and who will use her visit to foster and develop relationship with minor children living permanently in the UK(thereby promoting their best interests), is a relatively minor one. On the particular facts of this appeal, I find that the decision to refuse the appellant entry clearance for her visit will cause disproportionate interference with the family life of the individuals involved.”

News

Reform of immigration tribunals: court fees will soar from £140 to £800 per appellant

The government has published a consultation paper proposing to raise tribunal fees in the First tier immigration Tribunals from the present £140 to £800 per appellant for an oral hearing, or from £80 to £490 per appellant for paper considerations. Appeals in the Upper Tribunal, until now not charged separately, are proposed to incur a fee of £455 for an application for permission at the first stage, further £350 for applications for permission at the second stage, and further £510 for an appeal hearing where permission is granted (£1315 in total).

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Who wears pyjamas? An Immigration Solicitor’s Perspective

My clients often ask me whether in case of early morning visits by the immigration officers probing into the genuineness of their marital relationship it is advisable or not advisable to wear pyjamas. This intensely complex ethical, anthropological and legal question deserves a careful and impartial analysis without which I would be struggling to give a clear and unequivocal answer that one would expect from respectable immigration solicitors: is wearing pyjamas worthwhile?

News

Human Rights in Immigration Appeals: new provisions in force from 28 July 2014

Immigration Act 2014 has amended Nationality Immigration and Asylum Act 2002 introducing a new section “Article 8 ECHR: Public Interest Considerations”. This part of the Act applies where a court or tribunal dealing with an immigration appeal is required to determine whether the decision of the immigration authorities breaches the individual’s right to respect for private and family life under Article 8 ECHR.

Blog

La bestia senza pace – immigration police raiding family homes in routine checks on EEA applications

This post is about my perplexity, revulsion and ultimate horror at what is going on here. And by here I mean HERE. I am helping my client with a routine application for an EEA residence card because he is married to an EEA national and has a right to live and work in the UK and needs a residence card as acknowledgment of these rights. I know my job well enough to tell him not to worry

Success Stories

Kadmos wins Human Rights appeal against refusal of general visitor’s visa

Our client applied for entry clearance to the UK as a general visitor so as to visit his elderly great aunt and uncle. His application was refused because the entry clearance officer did not believe that he intended to come to the UK as a genuine visitor. The entry clearance officer was concerned that in the previous year the applicant had spent seven months out of twelve in the UK and was providing care for his aging great aunt and uncle. The entry clearance officer decided that deception had been used in the previous application, because the applicant had not

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