Outside the Immigration Rules and human rights applications

Practice notes

Statement of Changes in Immigration Rules, HC 290—analysis

This analysis covers the main changes to the Immigration Rules (the Rules) set out in HC 290.HC 290 was issued on 20 July 2017, along with an...

16th Jan

Practice notes

Home Office policies and concessions

A statement of policy or practice issued by the Secretary of State for the Home Department (SSHD), acting by UK Visas and Immigration, explains or...

Produced in partnership with Latitude Law 16th Jan

Practice notes

Article 8 in the immigration context

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Eric Fripp of Lamb Building 16th Jan

Practice notes

Appendix FM: exceptional circumstances cases under para GEN.3

This Practice Note looks at the of ‘Exceptional circumstances’ provisions found in para GEN.3.1‒3.3 of the Immigration Rules, Appendix FM, which may...

16th Jan

Practice notes

The duty to safeguard and promote the welfare of children: policy and cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Andrew Krisman, Consultant Solicitor 16th Jan

Practice notes

Professional ethics and advising individuals living in the UK without leave

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ed Mynott 16th Jan

Practice notes

Making an outside the Rules or exceptional circumstances application

This Practice Note covers practical factors which will need to be considered when advising clients who may not meet all of the requirements of any...

Produced in partnership with Ed Mynott 16th Jan

Practice notes

The duty to safeguard and promote the welfare of children: legal framework

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Andrew Krisman, Consultant Solicitor 16th Jan

Practice notes

Article 8 claims since 9 July 2012—the Secretary of State’s approach

From 9 July 2012, the Secretary of State for the Home Department (SSHD) adopted a revised approach to the assessment of Article 8 of European...

Produced in partnership with Ellis Wilford of Lamb Building and Eric Fripp of Lamb Building 8th Jan

Practice notes

Article 8 immigration claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ellis Wilford of Lamb Building and Eric Fripp of Lamb Building 8th Jan

Practice notes

Navigating an Article 8 claim

This Practice Note provides advisers with practical guidance on how to approach an Article 8 claim. It is the fourth in a series of closely related...

Produced in partnership with Ellis Wilford of Lamb Building and Eric Fripp of Lamb Building 8th Jan

Q&As

Is there a discretion for the Home Office to grant the right to work in exceptional circumstances where for example an applicant is a principal breadwinner and only has means to support his family for a short period of time? Where is the residual discretion of the Home Office in immigration matters derived from and what is the scope of this discretion?

The powers of the Home Secretary to regulate the entry and residence of foreign nationals, while originally founded in the Crown’s prerogative powers,...

Produced in partnership with Gary McIndoe of Latitude Law 8th Jan

Practice notes

Leave outside the Rules—the Secretary of State’s powers and policies

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Ed Mynott 8th Jan

Practice notes

The duty to safeguard and promote the welfare of children: practical tips

Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State for the Home Department (SSHD) has a duty to safeguard...

Produced in partnership with Andrew Krisman, Consultant Solicitor 8th Jan

Q&As

Can an advisor be paid for acting for an individual who they know or suspect does not have leave to remain in the UK or is disqualified from working in the UK where there is a possibility that payment could be made from the proceeds of unlawful work?

This is a complex question and much depends on the specific facts of the case. In general terms, it is unlawful for any person to be involved in the...

7th Dec

Q&As

When the First-tier Tribunal is deciding an appeal of a refusal of an Appendix FM decision that was made prior to 10 August 2017, does it have to consider the provisions at paragraph GEN.3.1, or does that paragraph only apply to Home Office decisions made after that date?

The general principle that immigration applications are to be decided by the Secretary of State for the Home Department (SSHD) in accordance with the...

6th Dec

Q&As

Do the Immigration Rules provide for a vulnerable adult child to obtain entry clearance to join their parents, who are also applying for entry clearance in the Tier 1 (Investor) category?

There is no provision within the Immigration Rules that applies to the dependents of points-based system migrants for a grant of entry clearance for...

6th Dec

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Most recent Outside the Immigration Rules and human rights applications content

Statement of Changes in Immigration Rules, HC 290—analysis

Home Office policies and concessions

Article 8 in the immigration context

Appendix FM: exceptional circumstances cases under para GEN.3

The duty to safeguard and promote the welfare of children: policy and cases

Professional ethics and advising individuals living in the UK without leave

Making an outside the Rules or exceptional circumstances application

The duty to safeguard and promote the welfare of children: legal framework

Article 8 claims since 9 July 2012—the Secretary of State’s approach

Article 8 immigration claims

Navigating an Article 8 claim

Leave outside the Rules—the Secretary of State’s powers and policies

The duty to safeguard and promote the welfare of children: practical tips

Can an advisor be paid for acting for an individual who they know or suspect does not have leave to remain in the UK or is disqualified from working in the UK where there is a possibility that payment could be made from the proceeds of unlawful work?

When the First-tier Tribunal is deciding an appeal of a refusal of an Appendix FM decision that was made prior to 10 August 2017, does it have to consider the provisions at paragraph GEN.3.1, or does that paragraph only apply to Home Office decisions made after that date?

Do the Immigration Rules provide for a vulnerable adult child to obtain entry clearance to join their parents, who are also applying for entry clearance in the Tier 1 (Investor) category?

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