An application for leave to remain in the UK under domestic Immigration Rules is valid when a migrant meets the requirements of paragraph 34 of the Immigration rules. Immigration Rules, Part 1, para 34BB(1) very clearly provides that: ‘An applicant may only have one outstanding application for leave to remain at a time’. Additionally, Home Office guidance Applications for leave to remain: validation, variation and withdrawal, is clear that an applicant cannot submit simultaneous applications, confirming that: ‘only one form of leave can be granted at any time’. However, an application under the Immigration (European Economic Area) Regulations 2016, SI 2016/1052 is not caught

There is nothing in the Town and Country Planning Act 1990, the Town and Country Planning (Development Management Procedure) (England) Order 2015, SI 2015/595 (in England) or the Town and Country Planning (Development Management Procedure) (Wales) Order 2012, SI 2012/801 (in Wales) which prevents an application site being ‘split’. It is not clear whether, in this case, the applicant intends to split the ownership of the site. However, planning permission runs with the land and not

As confirmed in Practice Note: Biometric Immigration Documents under the heading ‘Compliance requirements and sanctions’, the Immigration (Biometric Registration) Regulations 2008 (the Biometric Regs 2008), SI 2008/3048, reg 18(a) requires a Biometric Immigration Document (BID) holder to notify the Home Office as soon as reasonably practical if they know or suspect that information provided in connection with the document was or has become false, misleading or incomplete. As confirmed in Practice Note: Reporting changes to the Home Office under the heading ‘How must changes in circumstances be reported?’

Multiple applications pre-decision The Immigration Rules usually provide that only one immigration application can be made at a time and if a second application is made before the first has been decided then that will vary the first application (Immigration Rules, Part 1, para 34BB). This Rule does not apply to EU Settlement Scheme (EUSS ) applications. A pending EUSS application is not varied if a further application under another part of the Rules is made before the EUSS application is decided. Instead, the Home Office will decide both applications and the applicant can choose which they want their leave to be granted under (Immigration Rules, Appendix EU, para EU10). One final matter to note is that at present there are no formal validity requirements for Appendix FM applications under the Immigration Rules, so there could be no issue with the validity of the parent application

Non-EEA nationals granted entry clearance for more than six months are issued with a short-term biometric entry clearance followed by a biometric residence permit (BRP), which must be collected from their designated post office or alternative collection location (ACL), within ten days of arrival in the

Can an applicant with leave to remain switch to a category which is exempt from immigration control (eg diplomat) from within the UK? For an overview of the requirements for those exempt from immigration control, see Practice Note: Crew members, diplomats and other exempt persons. Members of a diplomatic mission are fully exempt from immigration control in the UK (section 8(3) of the Immigration Act 1971 (IA 1971)). Note, however, that a person will only fall within the IA 1971, s 8(3) definition of a member of a diplomatic mission where they were resident outside the UK, and not in the UK, when they

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (EIAR 2017), SI 2017/571 relate to certain developments which may give rise to significant effects on the environment, and allow environmental implications to be considered as part of a planning application by the relevant planning authority. The EIAR 2017, SI 2017/571, Sch 1, specifies types of development for which environmental impact assessment (EIA) is mandatory, and, developments falling into EIAR 2017, SI 2017/571, Sch 2, are considered on a case by case basis for whether EIA is required (known as screening). EIAR

An order under section 8 of the Children Act 1989 (ChA 1989) may be made for a specified period, or contain provisions which are to have effect for a specified period (ChA 1989, s 11(7)(c)). Although ChA 1989, s 9(6) provides that unless a court is satisfied that 'the circumstances of the case are exceptional', it cannot make a specific issue, prohibited steps, or child arrangements order which regulates contact arrangements, if that order is to end after the child has reached the age of 16, this provision does not apply to child arrangements orders with respect to living arrangements.

Section 50 of the Children Act 1989 (ChA 1989) makes provision for the recovery of abducted children, where it appears to the court that there is reason to believe that a child to whom that section applies: • has been unlawfully taken away or is being unlawfully kept away from the responsible person • has run away or is staying away from the responsible person, or • is missing ChA 1989, s 50(2) states that: ‘This section applies to the same children to whom section 49 applies and in this section

The requirements as to attendance at a mediation information and assessment meeting (MIAM) are set out in the following Practice Note: • Non-court dispute resolution—mediation information and assessment meetings (MIAMs) Unless one of the exemptions detailed in the above Practice Note applies, an application to vary a financial remedy order is subject to the requirement to attend a MIAM in accordance with the Family Procedure Rules 2010 (FPR 2010), PD 3A, para 13(1)(a)(vi). Relevant Exemptions may include: • that the application has to be made urgently, or • that in the four months

Section 22 of the Matrimonial Causes Act 1973 (MCA 1973) provides: ‘[(1)] On a petition for divorce, nullity of marriage or judicial separation, the court may make an order for maintenance pending suit, that is to say, an order requiring either party to the marriage to make to the other such periodical payments for his or her maintenance and for such term, being a term beginning not earlier than the date of the presentation of the petition and ending with the date of the determination of the suit [emphasis added], as the court thinks reasonable.’ On

The accelerated possession procedure offers a means by which landlords of dwellings let on assured tenancies can obtain orders for possession without a hearing following the expiry of a section 21 notice served under the Housing Act 1988 (HA 1988). A form is completed with copies of the tenancy agreement, the section 21 notice and such other documents as are required by the rules and is then submitted to the court. Upon issue, the court then serves the claim form by first class post (CPR 55.13(3)) and there is then a period of 14 days for the defendant to file a defence (CPR 55.14). After that period, if satisfied that the claimant is entitled to recover possession under the HA 1988, s 21, the judge will then make an order for possession (CPR 55.16(1)(a), CPR 55.16(2), CPR 55.17). If not, then the claim is