Immigration News

Advocate General to CJEU, Eleanor Sharpston, has delivered her opinion in the joined cases related to asylum claims by three homosexual men. According to the AG homosexual men can form a particular social group for the purposes of Qualification Directive, yet criminalisation of homosexuality is insufficient to demonstrate persecution. The courts would need to address the likely

Two consultation papers have been issued in the run up to the autumn’s immigration bill. The first one, Tackling illegal immigration in privately rented accommodation, seeks views on the government’s proposals to create a new requirement on landlords to conduct immigration checks on tenants and penalties of up to £3000 for those in breach. According to the proposal,

On 1 July 2013 Croatia became the 28th Member State of the European Union. Croatian nationals will be able to live freely in Europe provided they do not become unreasonable burden on the public purse, but will need to obtain work authorisation if they wish to take up employment. Work authorisation is normally issued in the form

In MA, BT and DA v SSHD, case C‑648/11, CJEU considered the duty of the Member States in relation to minor children who made an asylum claim in more than one country and found that it is the country of the last claim that is responsible for the decision making in the light of its

The immigration rules do not permit switching from Tier 2 General route into PBS dependant category – this restriction has been subject of judicial review in the case of Shuai Zhang where the High Court found the restriction incompatible with the claimant’s right to private and family life. In this case the claimant was a

Best interests of the child must be a primary consideration for immigration authorities. High Court declares that this duty is overlooked in the policy on Discretionary Leave to remain as of October 2009 which requires two spells of limited leave for three years before indefinite leave to remain becomes a viable option. The case of

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

The UKBA has published a statement of intent announcing plans to tighten English language requirements for applicants for indefinite leave to remain and naturalisation. From 28 October 2013 applicants for indefinite leave to remain and naturalisation will be required to pass a two stage test which will include the Life in the UK test and

A new statutory instrument (SI 2012/2560) amending the EEA Regulations will come into effect on 8 November 2012. The document will incorporate into the Regulations provisions confirming the right of residence in the UK for the primary carers of a British citizen thus giving effect to the ruling of the ECJ in Zambrano. Those who have previously made applications

Yet another statement of changes to the immigration rules has been announced this week. The new rule requires that before Tier 4 visa is granted the Entry Clearance Officer is to be satisfied that he is dealing with a “genuine student”. Students from “low risk” countries will not be affected by this requirement. Others may expect to