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.
There is an old saying, “marry in haste, repent at leisure”. Fortunately, this risk will become less likely from March 2 2015. The period for giving Notice of Marriage will extend from 15 to 28 days. And if the Home Office consider there are reasons to suspect a “sham marriage”, you may see your Notice period extended to a full 70 day.
Representing a client in an immigration appeal is a cherished opportunity for immigration solicitors to have a conversation with a learned member of the legal profession. It is similar to our academic seminars at Oxford or Cambridge. In a quiet discussion we are trying to reach for the essence of the problem, and then find the right answer. I recall a few questions from those academic discussions, that baffled me with the simplicity and profundity of message.
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?
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
The Immigration Act 2014 is a sad story for immigration lawyers. Not only because it is essentially an Anti-Immigration Act, but also because it attacks the core values of our legal system which most of us would have thought to be impregnable.
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
At the Liberal Democrats’ Spring Conference this weekend Nick Clegg wins the vote on the new immigration policy “Making Migration Work for Britain”. The new policy aims to ensure that immigration contributes to economic prosperity of the UK…
This post analyses the opinion of Advocate General Sharpston in a case related to the residence rights of family members of EU nationals residing in the country of nationality of the EU nationa. The Court of Justice of the European Union will rely on this opinion as a persuasive reference point before giving its judgment in the next few months.
In a written response to a request for information under the Freedom of Information Act, the Home Office has provided information on the numbers of successful and unsuccessful applications for Tier 1 entrepreneur visas across 2011, 2012, and the first three quarters of 2013. It may be worth noting that the convoluted “genuine entrepreneur” test […]