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EEA Regulations to be amended from 16 July 2012

Changes to Immigration (European Economic Area) Regulations were laid before Parliament on 22 June 2012 and will come into effect on 16 July this year. The Regulations aim to incorporate some rulings of the Court of Justice of the European Union, yet leave behind some of the most far reaching judgments, such as Zambrano – the right of residence

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Dauhoo (EEA Regulations – reg 8(2)) Mauritius [2012] UKUT 79 (IAC)

EEA nationals who are exercising their Treaty right to free movement in the UK (in other words, who are employed, self-employed, studying or enjoying the life of financial independence in the UK) are allowed to bring their non-European national family members with them.  This right is an automatic one for ‘immediate family members’ which includes spouses, children

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Applications turned down as invalid for non-payment of fees may be reinstated on appeal – the case of Basnet in the Upper Tribunal

In the case of Basnet (validity of application – respondent) [2012] UKUT 00113(IAC), the Upper Tribunal has made very helpful comments on the appeal procedure in relation to cases where an application is rejected by the UKBA as invalid for lack of payment and  the right of appeal is disputed. The general rules is that there is no right of appeal

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‘Most exceptional compassionate circumstances’ have to encompass much more than financial hardship

Paragraph 317 of the Immigration Rules provides for circumstances where parents, grandparents or other dependent relatives of a person present and settled in the UK may apply for settlement to join their UK based sponsor. The rule caters for dependent relatives ‘living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled

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Baylan: Identical Turkish ECAA applicatons

In the case of Baylan (Turkish ECAA- ‘identical’ applications) Turkey [2012] UKUT (IAC), the Upper Tribunal has provided guidelines on the issue of identical or near identical Turkish ECAA applications.  Generally, when dealing with any Turkish ECAA case, decision makers must bear in mind the guidance given in EK (Ankara Agreement-1972 Rules- construction) Turkey [2010]

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Lamichhane: No duty to serve a ‘one-stop’ notice

A ‘one-stop’ notice allows an applicant to raise further grounds for the grant of leave to remain which are outside the scope of their original application.  Its purpose is to ensure that an applicant will have all appealable decisions considered in one appeal hearing. The notice can be served at any point by the Secretary

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Statement of Changes in Immigration Rules presented to Parliament on 15 March 2012

Statement of Changes in Immigration Rules accompanied by Explanatory Memorandum (HC1888) brings a new wave of radical changes in the immigration law.  Some of these will come into effect as soon as 6 April 2012. The changes encompass introduction of new immigration categories of visitors carrying out permitted paid engagements, and Tier 1 (Graduate Entrepreneur) category.

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Requests for entry clearance from abroad upheld by the Court of Appeal

In a recent reported decision in KH (Pakistan) and AT (Mauritius) v SSHD,  [2012] EWCA Civ 1054, the Court of Appeal restricted the principle established by the House of Lords in Chikwamba regarding legality of insisting on an out-of-country application where all other requirements for entry are met. The leading judgment was delivered Elias LJ, who took

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