Tag Archives: Immigration Rules

Changes to Immigration Rules: Shabana Style 

Statement of Changes HC1691 makes myriad changes to the Immigration Rules and among other things introduces the Visa Brake, reduces the duration of refugee and humanitarian protection, makes changes to English language requirements and Appendix Victim of Domestic Abuse. The … Continue reading →

Posted in Asylum, Deportation, Immigration Rules, Permanent Residence, Settlement | Tagged , , , | Leave a comment

Court of Appeal: The meaning of paragraph SW2.2 is clear

Kaur & Ors, R (On the Application Of) v Secretary of State for the Home Department [2025] EWCA Civ 1474 (20 November 2025) The Court of Appeal dismissed an Indian national’s appeal who applied for leave to remain as a … Continue reading →

Posted in Appendix Skilled Worker, Bail, Court of Appeal, Employment, Enforcement, Historic Injustice, Historical injustice, Immigration Rules | Tagged , , , | Leave a comment

“Earned” settlement and citizenship: What lies ahead? 

“Earned settlement” and “earned citizenship” were the mottos of this summer’s White Paper Restoring Control over the Immigration System (May 2025, CP 1326). Earned settlement is mentioned on pages 68 and 69 of the White Paper and earned citizenship is … Continue reading →

Posted in British Citizenship, ILR, Immigration Rules, PBS, Permanent Residence, Settlement, Skilled Worker | Tagged , , , | Leave a comment

Indian student’s visa cancellation held unlawful  

Kaur & Anor, R (On the Application Of) v Secretary of State for the Home Department [2025] EWHC 1942 (Admin) (25 July 2025) In these judicial review proceedings, Matthew Butt KC held that Mrs Kaur’s permission to remain was cancelled … Continue reading →

Posted in Article 8, Cancellation, Damages, ECHR, Human Rights, Immigration Rules, India, IS.91R notice, Judicial Review, RED.0001 notice, Students | Tagged , , , , , , | Leave a comment

Private life of children: Settlement under the five-year route 

There seems to be a slow and steady shift in the Immigration Rules towards the recognition of the rights of children. Prior to 2010, the rules did not directly address the issue of children’s private life and the earlier policy … Continue reading →

Posted in Article 8, Children, Human Rights, ILR, Immigration Rules, Settlement | Tagged , , | Leave a comment

Upper Tribunal refuses costs because proceedings only existed “in the realm of politics and not in the realm of law”  

IX, R (On the Application Of) v Secretary of State for the Home Department (Judicial Review; costs) [2025] UKUT 154 (IAC) (23 April 2025) The Upper Tribunal (Swift J, UTJ Smith) has reiterated that the general rule (Civil procedure Rules … Continue reading →

Posted in Asylum, Costs, Immigration Rules, Judicial Review, MEDP, Refugee Convention, Removals, Rwanda | Tagged , , , , , | Leave a comment

Changes to the Skilled Worker route from 22 July 2025

Statement of changes to the Immigration Rules: HC 997, 1 July 2025 makes wide-ranging changes relating to the Skilled Worker and other work routes as set out in the Immigration White Paper, “Restoring control over the immigration system”, published on … Continue reading →

Posted in Employment, Immigration Rules, Skilled Worker, UKSC | Tagged , | Leave a comment

New Private Life and Long Residence Rules from 16 July 2025

Statement of changes to the Immigration Rules: HC 836 (24 June 2025) makes numerous changed to the myriad immigration rules, including changes to Appendix Long Residence, Appendix Continuous Residence, Appendix Private Life, asylum and EU Settlement Scheme (EUSS). Changes are … Continue reading →

Posted in Article 8, Children, Immigration Rules, Refugee Convention | Tagged , , , | Leave a comment

White Paper: Restoring Control over the Immigration System

Restoring Control over the Immigration System (May 2025, CP 1326) sets out the case for reducing net migration. But this an ambitious goal which successive governments have failed to achieve. Sir Keir Starmer, the Prime Minister, conveniently accuses the previous … Continue reading →

Posted in Article 8, Asylum, British Citizenship, Deportation, Employment, Enforcement, Immigration Rules, Settlement, Shortage Occupation List, Spouses, Students | Tagged , , , , , | Leave a comment

Court of Appeal laments remitting human rights case back to FTT for a third time 

AA (Morocco) v Secretary of State for the Home Department [2025] EWCA Civ 144 (18 February 2025) In considering whether the Upper Tribunal had erred in law in its decision to remit to the First Tier Tribunal a Moroccan national’s … Continue reading →

Posted in Article 3, Article 8, Asylum, Court of Appeal, ECHR, ECtHR, Human Rights, Immigration Rules, Tribunals, UKSC | Tagged , , , , , , , , | Leave a comment

Family life is unitary in nature: KF (Syria) overturned by Tribunal 

Al Hassan & Ors (Article 8: entry clearance: KF (Syria)) [2024] UKUT 234 (IAC) (04 July 2024) The Upper Tribunal has held that the jurisdiction of the European Convention on Human Rights is primarily territorial, but as observed in SSHD v … Continue reading →

Posted in Article 8, Asylum, Entry Clearance, Families, Human Rights, Immigration Rules, Lady Hale, Proportionality, Refugee Convention, Syria | Tagged , , , , , , | Leave a comment

Court of Appeal allows SSHD’s appeal on showing dependency

Secretary of State for the Home Department v Rexhaj [2024] EWCA Civ 784 (11 July 2024) The Court of Appeal has held that an Albanian national’s prior grant of leave to enter the UK pursuant to entry clearance under Appendix … Continue reading →

Posted in ADR, Albania, Appendix EU, Appendix EU (Family Permit), Brexit, Council of Europe, Dependency, European Union, Immigration Rules | Tagged , , , , | Leave a comment

False representations made in pending application don’t ‘simply disappear’ by varying it to an ILR application

Al-Azad v Secretary of State for the Home Department [2024] EWCA Civ 407 (25 April 2024) The Court of Appeal has rejected the argument that the SSHD should not have refused Mr MN Wohhab Al-Azad’s application for indefinite leave to … Continue reading →

Posted in Appeals, Bangladesh, Court of Appeal, Deception, Entrepreneurs, False Statements and Misrepresentations, Immigration Rules, Long Residence, Paragraph 322(5), Proportionality, Section 3C Leave, Tier 1, Tribunals | Tagged , , , , , , , , , | Leave a comment

Home Office wins in Supreme Court against Belarusian man with “limbo” status

R (AM (Belarus)) v Secretary of State for the Home Department [2024] UKSC 13 (24 April 2024)  The Supreme Court has allowed the Home Office’s appeal in the case of AM who was a Belarusian who stayed in “limbo” by … Continue reading →

Posted in Appeals, Article 8, Asylum, Crime, Deportation, ECHR, ECtHR, False Statements, Hostile Environment, Immigration Rules, Judicial Review, Public Interest, Statelessness, UKSC | Tagged , , , , , , , | Leave a comment

Somali ILR holder stranded in Africa for 16 years succeeds in Cart judicial review in Court of Appeal  

Ali v Upper Tribunal (Immigration and Asylum Chamber) & Anor [2024] EWCA Civ 372 (17 April 2024) Andrews LJ described this case as “most extraordinary”. The Court of Appeal held that FTTJ Rhys Davies had erred in his interpretation of … Continue reading →

Posted in Article 8, Court of Appeal, ECHR, Entry Clearance, Ethiopia, Immigration Rules, Judicial Review, Permanent Residence, Settlement, UKSC | Tagged , , , , , , , , , | Leave a comment

Court of Appeal disapproves of tribunal’s decision in Capparelli

R (Roehrig) v Secretary of State for the Home Department [2024] EWCA Civ 240 (12 March 2024) The Court of Appeal has held that a child born to a French national mother who was ordinarily resident in the UK while … Continue reading →

Posted in Appeals, British Citizenship, Court of Appeal, European Union, Free Movement, Immigration Rules, Permanent Residence, Settlement, Sri Lanka, Tribunals | Tagged , , , , | Leave a comment

HC 590: Changes to MIR, Skilled Worker and other rules

Statement of Changes in the Immigration Rules HC 590 introduces much higher new minimum income requirements (MIR) which were announced by the Home Office on 4 December 2023 in what the Home Secretary James Cleverly called his “five-point plan” to reduce … Continue reading →

Posted in Appendix EU, Appendix FM, Article 8, ECHR, Immigration Rules, MIR, Settlement, Skilled Worker, Spouses | Tagged , | Leave a comment

Appendix FM leave knocks out Zambrano right of residence

R (Akinsanya & Anor) v Secretary of State for the Home Department [2024] EWHC 469 (Admin) (11 March 2024) Eyre J has held that before Brexit, the right to reside in the UK available to carers under the decision in … Continue reading →

Posted in Appendix EU, Appendix FM, Brexit, Children, Immigration Rules, Judicial Review, NRPF, Settled Status, Settlement, Zambrano | Tagged , , , , , , , | Leave a comment

Court of Appeal rejects invitation to treat EUSS family permit application as an EEA permit application

Siddiqa v Entry Clearance Officer [2024] EWCA Civ 248 (14 March 2024) The Court of Appeal has held that the Upper Tribunal had not erred in finding that where the extended family member of an EU national had sought to … Continue reading →

Posted in Appendix EU, Bangladesh, Citizens Directive, Court of Appeal, Dependants, Entry Clearance, Immigration Rules, Tribunals | Tagged , , , , , | Leave a comment

Three year delay in making decision on application is lawful

Zhou & Ors, R (On the Application Of) v Secretary of State for the Home Department [2024] EWCA Civ 81 (07 February 2024) The Court of Appeal has held that UT Judge Frances had not erred in refusing a family … Continue reading →

Posted in Article 8, China, Court of Appeal, ECHR, Hostile Environment, Immigration Rules, Judicial Review, Skilled Worker, Tier 1 | Tagged , , , , , | Leave a comment