The following Immigration Q&A Produced in partnership with Gary McIndoe of Latitude Law provides comprehensive and up to date legal information covering:
The powers of the Home Secretary to regulate the entry and residence of foreign nationals, while originally founded in the Crown’s prerogative powers, are now almost entirely set out in statute and subordinate legislation, notably the Immigration Rules. Discretion remains a feature of UK immigration control, but it may only be employed where the outcome for the individual or organisation affected is more advantageous than it would be under statute and rules.
The source of this well recognised discretion, prerogative or statute, while largely of academic interest, has been the subject of debate over the years. The authors of The prerogative: Macdonald's Immigration Law and Practice [1.33] express the following view:
‘Our view has consistently been that it derives from the Secretary of State's statutory powers, and, in particular, from the discretion under section 4(1) of the Immigration Act 1971, which is a very broad discretion, not made subject to the Immigration Rules. The Secretary of State can, therefore, waive a requirement of the Rules in an individual case as a matter of statutory discretion.’
Discretion therefore exists, but how and when is it exercised? The most common approach over the years has been th
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.