Immigration Blog
Residence rights of the parents of an EEA national child
Parents of EEA national children have derivative right of residence in the UK – they need to demonstrate self-sufficiency of the whole family before their right to live and work is confirmed and this is likely to create an insurmountable obstacle for those who do not have an independent right of residence and employment at the time of the application.
UKBA data on success rate of in-country spouse visa applications under Appendix FM
Of the 5400 applications for partner’s visa made in the UK in the 12 months between July 2012 and June 2013 only a shockingly small number of 313 have so far been successful! Out of the 313 successful applications, 168 (53%) were made by women and 145 (47%) by men. Of the 1140 unsuccessful applications, 491 were by women (43%) and 649 (57%) by men. One might speculate whether the gender imbalance is related to it being more difficult for women to sponsor the partner under the harsh financial requirements of the new rules.
Tier 2 visa applications: why it is important to get them right first time round
Tier 2 visa application may be refused due to mistakes in the certificate of sponsorship which are outside the control and often outside the knowledge of the migrant. In order to avoid these costly mistakes, careful attention has to be given to the most up-to-date version of the immigration rules.
How criminal record affects applications for indefinite leave to remain and nationality
Applicants for indefinite leave to remain in the UK may fall foul of the mandatory grounds for refusal on the basis of criminality, while applicants for British citizenship have to meet the new statutory requirement of good character. Immigration Solicitors from a London based firm Kadmos Consultants explain the effect of criminal convictions in the context of immigration.
Zambrano Children – between the Rules and the Regulations
This blog explains the concept of Zambrano and discusses immigration solutions for carers of children who are either British citizens or have the right to remain in the UK as EEA nationals or by virtue of long residence in the UK.
UK spouse visa rules: unfair and discriminatory
Long gone are the times when spouses of British citizens were admitted freely to the UK or given life-long right of abode without extensive representations from immigration lawyers. Gone are the times when the spouse of a British citizen had to pass through a probation period of two years before applying for indefinite leave to remain. From July 2012 rules have become complicated, particularly for some categories of migrants, or rather for some categories of British citizens who have the whim of marrying a non-Brit.
Practical implications of the Court of Appeal judgment in Ahmadi – decisions to remove under s.47
Adverse decisions of the UKBA refusing an application for leave to remain often contain an inconspicuous line saying “a decision has also been made to remove you from the UK under s. 47 of the Immigration, Asylum and Nationality Act 2006”. Some unsuccessful applicants do not take notice, others take offence. Indeed, for a Tier 4
New rules on family migration
The changes to Immigration Rules relating to family migration to the UK came into effect on 9 July 2012. Despite the obvious tightening of immigration control to the UK through the affected categories, we must all now contend with the infamous FM Appendix, poor drafting and unclear provisions that make it difficult to get a grip on what the changes actually mean.
