Garden Court Chambers

This Practice Note outlines general principles of administrative removal, including who is and is not liable for removal and where they may be removed to. It also covers the factors to be taken into account when reaching a decision on removal and the additional safeguards applicable for family cases.

This Practice Note outlines issues specific to appeals and other challenges to deportation decisions. It also covers certification of asylum and human rights challenges to deportation and suspensive and non-suspensive appeal rights as well as applications to revoke a deportation order.

This Practice Note looks at which Croatian nationals are exempt from obtaining authorisation to work in the UK under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 and how they can obtain a registration certificate to confirm this (including the relevant forms). Categories of exempt person include highly skilled persons, students, posted workers and voluntary workers.

This Practice Note looks at which Croatian nationals are required to obtain authorisation to work in the UK under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 and the relevant application procedure that will apply. Work authorisation covers the following categories: Tier 2 (General), Tier 2 (Intra-Company Transfer), Tier 2 (Minister of Religion), Tier 5 (Temporary worker): Religious Workers, Tier 5 (Temporary worker): Government Authorised Exchange, Tier 5 (Temporary worker): International Agreement, Tier 5 (Temporary worker): Charity Workers, Postgraduate doctors and dentists, Domestic workers in a private household and Representative of an Overseas Business.

This Practice Note outlines when a decision to deport from the UK may be made and the different considerations applicable to foreign criminals, specific nationals and refugees.

This Practice Note outlines the regulatory regime governing the provision of immigration advice or services in the UK. It covers authorisation avenues, criminal sanctions and the disciplinary and other powers of the Immigration Advice Authority (previously known as the Office of the Immigration Services Commissioner).

This Practice Note explains what housing benefit and the local housing allowance are, how eligibility is calculated and assessed including rent restrictions, the application of the so called ‘bedroom tax’. It also covers the impact of the benefit cap, how payments are made, overpayments and backdating of claims together with the appeals process and discretionary housing payments (DHP).

This Practice Note provides an overview of immigration bail following the implementation of the bail provisions set out in the Immigration Act 2016. It covers bail powers, enforcement powers, bail application processes and conditions of bail. The relationship between bail and a person’s immigration status is also discussed, as well as some matters specific to criminal offenders.

This Practice Note looks at the procedure for submitting an application for settled status under the EU Settlement Scheme (the Scheme). It also looks at the requirement to submit a ‘valid’ application, the application procedures for applying for immigration permission under the Scheme (for EEA citizens and non-EEA citizens, inside and outside the UK), the Home Office’s ‘EU Exit: ID Document Check’ app, the evidential requirements, authorisation for legal representatives and the requirement to keep the Home Office updated in relation to certain details following grant of leave. The Practice Note also looks at the application process for family permit applications submitted under the Scheme from outside the UK.

This Practice Note provides an overview of the UK immigration status of the right of abode. It covers the historical background of the status, how a person may prove that they have a right of abode and how to challenge a refusal of an application for a confirmatory certificate or a decision to revoke the right of abode from a Commonwealth citizen who is not also a British citizen.

This Practice Note provides an overview of the situations in which a person who meets prescribed conditions will automatically acquire British citizenship by operation of law under the British Nationality Act 1981 (BNA 1981). Prescribed conditions exist relating to: children born in the UK or a qualifying territory to a British citizen, settled parent or member of the armed forces; foundlings; adopted children; children in respect of whom there is a parental order; children who are deemed British by descent; children born stateless in a British overseas territory.

This Q&A considers whether a premises licence can be transferred to a non-resident company.