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Latest Immigration News

Immigration monthly highlights—July 2021

Immigration monthly highlights—July 2021

The following Immigration news provides comprehensive and up to date legal information on Immigration monthly highlights—July 2021

Immigration cases 2021—January to June review

Immigration cases 2021—January to June review

The following Immigration news provides comprehensive and up to date legal information on Immigration cases 2021—January to June review

Court of Appeal considers seven-year child provisions (NA (Bangladesh) v SSHD)

Court of Appeal considers seven-year child provisions (NA (Bangladesh) v SSHD)

The following Immigration news provides comprehensive and up to date legal information on Court of Appeal considers seven-year child provisions (NA (Bangladesh) v SSHD)

Immigration monthly highlights—June 2021

Immigration monthly highlights—June 2021

The following Immigration news provides comprehensive and up to date legal information on Immigration monthly highlights—June 2021

Featured Immigration content

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK since 2017 but are in a genuine relationship. What effect will this have on their extension application?

A married but non-cohabiting couple are looking to extend their leave under Tier 2 (General). They have not been living at the same address in the UK...

Checklist—immigration-related requirements on a TUPE transfer

Checklist—immigration-related requirements on a TUPE transfer

This Checklist gives an overview of the immigration matters that should be considered on a relevant transfer under the Transfer of...

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time that an applicant has to be earning at that level prior to applying for ILR?

Is the minimum salary requirement for ILR on Tier 2 (General) based on a certain number of working hours per week? Is there a minimum length of time...

Applying for EEA registration certificates and residence cards

Applying for EEA registration certificates and residence cards

Applying for EEA registration certificates and residence cardsIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...

Practice notes

Partners of work, investment and study migrants

Partners of work, investment and study migrantsThis Practice Note looks at key considerations in relation to applications by dependent partners of...
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19th May
Practice notes

Brexit legislation tracker

Brexit legislation trackerThis Practice Note tracks the progress of UK legislation introduced as part of the legislative project associated with the...
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19th May
tag iconBrexit
Practice notes

Partners applying for indefinite leave to remain under Appendix FM: eligibility table

Partners applying for indefinite leave to remain under Appendix FM: eligibility tableThis Practice Note sets out the requirements for applications for...
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19th May
Q&As

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a civil penalty if they obtained a positive verification notice from the employer checking service with a copy of their expired passport? If not, would the employer need to wait until the employee receives their biometric residence permit before they can commence employment?

Where a new employee has an indefinite leave to remain endorsement in their expired passport, would an employer have a statutory excuse against a...
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19th May
Practice notes

Changes of law and policy, rights against retrospective legislation, and legitimate expectation

Changes of law and policy, rights against retrospective legislation, and legitimate expectationChanges to immigration law may mean that a person who...
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Produced in partnership with Judith Farbey QC of Doughty Street Chambers and Deborah Revill of Lamb Building 19th May
Practice notes

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

Leave outside the Rules—the Secretary of State’s powers and policiesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Ed Mynott 19th May
Practice notes

Immigration judicial review: which decisions can be reviewed and heads of review

Immigration judicial review: which decisions can be reviewed and heads of reviewIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the...
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Produced in partnership with Daniel Hayes of D Hayes Public Law Practice 19th May

Most recent Applying in the UK content

Practice notes

Coronavirus (COVID-19) immigration resources

Coronavirus (COVID-19) immigration resourcesThis Practice Note is a compilation of links to useful information, news and news analysis in relation to...
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2nd Aug
tag iconCOVID-19
Q&As

Can an applicant notify the Home Office of a change in their name at the same time as making an application for further leave to remain (including indefinite leave to remain) or must they obtain a new Biometric Immigration Document first?

Can an applicant notify the Home Office of a change in their name at the same time as making an application for further leave to remain (including...
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31st Jul
Q&As

What is the earliest that a person who holds entry clearance as a partner can apply for an extension in this category?

What is the earliest that a person who holds entry clearance as a partner can apply for an extension in this category?This Q&A does not address any...
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31st Jul
Q&As

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was made when an individual had valid leave to remain as a student for the purposes of ten-year long residence route to settlement?

Does section 3C of the Immigration Act 1971 operate to extend leave on claiming Asylum under the 1951 Convention, provided that the Asylum Claim was...
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Produced in partnership with Gary McIndoe of Latitude Law 31st Jul
Q&As

Where a person has an outstanding postal No Time Limit Biometric Residence Permit application and withdraws their passport to travel, will this withdraw their application?

Where a person has an outstanding postal No Time Limit Biometric Residence Permit application and withdraws their passport to travel, will this...
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Produced in partnership with Jocelyn Howorth of Immigration Joss 31st Jul
Q&As

If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse also apply for accelerated settlement? If the spouse cannot apply for accelerated settlement, what options are open to them to remain in the UK?

If a main applicant is applying for accelerated settlement after three years because they are on a Tier 1 Exceptional Talent Visa, can their spouse...
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Produced in partnership with Shara Pledger of Latitude Law 31st Jul
Q&As

If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the UK without triggering a mandatory re-entry ban if they wish to subsequently return to the UK?

If a person has leave extended by section 3C of the Immigration Act 1971 and now wishes to withdraw their application, how long can they remain in the...
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31st Jul
Q&As

Where a dependant applicant leaves the Common Travel Area after submission of an in-time ILR application but while they are on s.3C leave, is their application considered to be withdrawn?

Where a dependant applicant leaves the Common Travel Area after submission of an in-time ILR application but while they are on s.3C leave, is their...
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31st Jul
Q&As

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous residence in the UK, and is there any flexibility to these requirements in circumstances where a previous employer has ceased to trade?

What are the documentary requirements for a Tier 2 (General) application for indefinite leave to remain in respect of the requirement for continuous...
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31st Jul
Q&As

Can a Visitor (non-visa national) switch to the Skilled Worker route in-country?

Can a Visitor (non-visa national) switch to the Skilled Worker route in-country?We have assumed that the applicant does not intend to rely on the Home...
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31st Jul
Q&As

Where an applicant wishes to vary an existing application while on section 3C leave, is it better to make the application to vary after or before they have attended the UK Visa and Citizenship Application Services (UKVCAS) centre to validate their application (by enrolling their biometrics and exhibiting their passport) or should they apply to vary their application during the period where they have made the initial application online but not completed the validation stage at the UKVCAS centre?

Where an applicant wishes to vary an existing application while on section 3C leave, is it better to make the application to vary after or before they...
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31st Jul
Q&As

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when applying for leave to remain under the Turkish worker category, would the requirement of ‘a holder of a work permit allowing you to work in the UK’ include: a migrant with leave under Tiers 2 or 5 of the Points-Based System, and those exempt from Immigration control (eg diplomats)?

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? And when...
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Produced in partnership with Nick Nason of Edgewater Legal 31st Jul
Q&As

Is an electronic immigration status the best way forward? How will concerns about security and exploitation be properly addressed when it comes to any digital document especially when seeking access to new jobs?

Is an electronic immigration status the best way forward? How will concerns about security and exploitation be properly addressed when it comes to any...
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31st Jul
Q&As

If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave under section 3C of the Immigration Act 1971? Is there a risk that the applicant could be served with an invalidity notice after their departure which would result in their previous leave being treated as the end of their immigration permission?

If an applicant leaves the UK after submission of their online application but prior to enrolment of their biometrics, does this impact on their leave...
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Produced in partnership with Nick Nason of Edgewater Legal 31st Jul
Q&As

What potential pitfalls are there with the Points-based System (PBS) dependants of a Tier 4 (General) migrant seeking to extend their stay in the UK as the dependants of a Tier 2 migrant in circumstances where their Tier 4 (General) migrant family member departs the UK and returns with fresh entry clearance under Tier 2?

What potential pitfalls are there with the Points-based System (PBS) dependants of a Tier 4 (General) migrant seeking to extend their stay in the UK...
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31st Jul
Q&As

If an individual has valid leave in the UK by virtue of section 3C of the Immigration Act 1971 and their in-time application remains outstanding, can they get married while awaiting the outcome of their application?

If an individual has valid leave in the UK by virtue of section 3C of the Immigration Act 1971 and their in-time application remains outstanding, can...
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Produced in partnership with Allan Briddock of 1 Pump Court 31st Jul
Q&As

With what entry clearance applications should a sponsorship undertaking (SU07) be submitted?

With what entry clearance applications should a sponsorship undertaking (SU07) be submitted?Paragraph 35 of Part 1 of the Immigration Rules provides...
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31st Jul
Practice notes

Applying in the UK: validity of applications for leave to remain

Applying in the UK: validity of applications for leave to remainSTOP PRESS: This Practice Note is being updated to reflect changes to the Immigration...
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31st Jul
Q&As

Case study—what are the implications for a Points-Based System (PBS) dependant spouse when a PBS migrant applies for indefinite leave to remain under the long residence rules?

Case study—what are the implications for a Points-Based System (PBS) dependant spouse when a PBS migrant applies for indefinite leave to remain under...
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31st Jul
Practice notes

Retention of documents by the Home Office

Retention of documents by the Home OfficeThe Home Office has a policy of retaining valuable original documents where an in-country application has...
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Produced in partnership with Christopher R. Cole of Parker Rhodes Hickmotts and Nathan Woodcock 31st Jul

Popular documents

Breach of statutory duty

Breach of statutory duty

Breach of statutory dutyThis Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care

Convention rights—structure of qualified rights

Convention rights—structure of qualified rights

Convention rights—structure of qualified rightsThe rights preserved under the European Convention on Human Rights (ECHR), as set out in the Human Rights Act 1998 Sch 1, can be broadly divided into three groups:•absolute rights—which cannot be interfered with by the state or derogated from even in a

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretation

Arbitration agreements—definition, purpose and interpretationThis Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international