Last week I covered the important case of Rehman (EEA Regulations 2016 – specified evidence)  UKUT 195 (IAC) for the Free Movement blog. The case concerned the Home Office’s attempt, through the Immigration (EEA) Regulations 2016, to implement a mandatory application process, with mandatory documents, for EEA applications. The Tribunal held that, although EU law allows administrative procedures to be put in place to ensure consistency, they cannot go beyond what is strictly necessary to establish the relevant right of residence under EU law.
In our latest contribution to the Free Movement blog Iain Halliday considers the case of Bhavsar (late application for PTA: procedure)  UKUT 196 (IAC), a case which concerned the procedure in the First-tier Tribunal when an application for permission to appeal is received after the 14 day deadline. The Upper Tribunal held that the correct approach in such cases is for the First-tier Tribunal to refuse to admit the application rather than considering and refusing permission to appeal. The applicant will then have another opportunity to explain the reason for the delay in their application to the Upper Tribunal.
Those wishing to apply for a UK visa from overseas often encounter difficulties trying to navigate through the myriad of submission procedures. It is essentially a two-stage process; starting with making an application online through the GOV.UK website, and finishing by providing the necessary documents and biometrics through one of the Home Office’s outsourced commercial partners, VFS Global or TLScontact. This post is the first in a series focusing on the second stage of the process, beginning by taking a look at what countries these commercial partners operate in and explaining how they work.
The UK offers two main types of protection to people who successfully claim asylum: refugee status and humanitarian protection. Both are valid for 5 years and provide broadly the same entitlements, so what are the differences between two?
International students will be familiar with the strict rules governing what they can and cannot do during their visa term in the UK for example, the general prohibition on self employment, work related activity and starting a business. The Graduate entrepreneur visa route provided graduates (although there were certain exemptions) with the opportunity of pursuing employment if officially endorsed as having a genuine and credible business idea by:
the Department for International Trade (DIT) as part of the elite global graduate entrepreneur programme (Sirius); or
a UK higher education institution (HEI) if it is an authorised endorsing body.
In our latest contribution to the Free Movement blog Iain Halliday examines a recent Court of Appeal decision addressing the high threshold those resisting deportation need to meet. The case provides a good example of the type of circumstances, in this case the psychological damage the applicant’s child would suffer if his father was deported, which will satisfy the courts that this threshold has been met.
One of the requirements for British citizenship is that a person satisfies the Secretary of State that they are of “good character”. But what does it mean to be of “good character”? In this short interview podcast with CJ McKinney at Free Movement, we take a closer look at the test and the most recent version of the Home Office’s policy guidance on this.
Those who claim asylum in the UK are not normally allowed to work whilst their claim is being considered. However, the Home Office may grant permission to work to asylum seekers whose claim has been outstanding for more than 12 months through no fault of their own.
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Current events made an already stressful and challenging process even more so, and I doubt we could not have navigated this successfully without the careful and detailed guidance -and patience, of Amna and James. Each brings both professionalism and humanity to their work, and we are deeply grateful.
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Grace is the most friendly attorney I have ever met. She and James are very professional, I was very happy with their service and assistance. They even managed to help me issue a residence permit three weeks ahead of the expected issue date! Hopefully, I will be relying on them for all my legal documentation requirements in the future.