UK Immigration & Nationality Lawyers

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

UK visitor visa

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.”

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New visitor visa guidance: genuineness and credibility of visitors from the war affected zones

On 2 December 2015 the Home Office issued a new guidance for decision makers in relation to visitor visa applications. This document confirms the policy of differential treatment of applications on the basis of the applicant’s country of residence or nationality (visitors from the war affected zones are not to be admitted) and visitors with family ties in the UK will find it more difficult to visit if they have no “anchor” in the country of origin. How this new Guidance lies with the provisions of the Race Discrimination Act is probably a matter to be tested.

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Five reasons why visitors are not allowed to study English in the UK

It might sound ironic, but the Immigration Rules make an express provision that visitor visa will not be issued to those who have the intention of taking up an English language course in the UK. We have discussed this eccentric prohibition with other immigration solicitors, anthropologists and lay people, and have come up with five good reasons that we can offer for public consideration

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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Child visitors

Children under the age of 18 can come to the UK as visitors provided suitable arrangements have been made for their travel to, and reception and care in the UK and the parent or guardian in their home country has expressed consent to these arrangements. A child visitor may be issued with a visa as an “accompanied child visitor”, in which case the child would be travelling in the company of an adult identified on the entry clearance. The child will not be admitted into the country without the adult named on the child’s entry clearance document. Alternatively, the child

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Family visitors

Family visitor’s visa is for those who wish to visit their family in the UK. Requirements for family visitors are the same as general visitor’s requirements. Unlike other categories of visitors to the UK, family visitors still enjoy the right of appeal against refusal of their application. The government intends to take away this right from January 2014. Family members include the applicant’s spouse, unmarried partner (with proof of cohabitation for at least two years in the last three years), parent, child, sibling (including half-sibling), grandparents and grandchildren, uncle, aunt, nephew, niece, first cousin, step-child, step-brother or step-sister. From July 2012, uncle, aunt, nephew, niece and

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General Visitors

General visitor, or tourist visitor, is the most common category of visitor’s visa.  It is issued for purposes not covered by “special visitors’” rules.  General visitors are allowed to come to the UK for a period of up to six months.  They have to demonstrate that they have sufficient funds to maintain themselves without working or taking recourse to public funds and to cover the cost of return trip. They also need to demonstrate intention to return to their country of origin on completion of their visit (this is normally assessed on the basis of the ties with the country of origin,

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Visiting the UK

Non-visa nationals normally do not need a visa to visit the UK for a period of up to six months.  Marriage visitors are an exception to this rule: non-visa nationals (other than EEA and Swiss nationals) are required to seek entry clearance, or a marriage visitor’s visa, before travelling to the UK if they are going to the UK to get married. For those who had previously been denied entry as a visitor or who feel that the immigration officer may have reasons not to admit them to the UK, it is advisable to apply for a visitor’s visa before travelling.   Having a valid

News

Family visitors will lose full right of appeal from 25 June 2013

The UKBA has announced that from 25 June 2013 full right of appeal will be abolished for applicants for a family visitor’s visa. Applications for this type of visa made before 25 June will bear full right of appeal independently of the date of the decision. Those who applied on or after 25 June 2013 will only be able to challenge refusal on the limited grounds of discrimination or the breach of Human Rights. In July 2012 the government narrowed the definition of “family visitor” removing from the definition uncles, aunts, nieces and first cousins. As general visitors these family members could no

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Full right of appeal for family visitors to be scrapped by Crime and Courts Bill

The government intends to discard full right of appeal for family visitors by January 2014.  In much shorter term, from July 2012, the right of appeal will only be available to the core family members – parents, grand parents, spouse and children – of persons settled in the UK, or of those granted refugee status or humanitarian aid. This latter change will be introduced by secondary legislation which will amend the definition of “family members” in the context of “family visitors” so as to exclude cousins, uncles, nieces and nephews. It will also amend the definition of “sponsors” so as

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