Click the link below and open the pdf guide to immigration changes made in November and December 2016.
Monthly Archives: December 2016
Irremovability And Beating the Effect of the Remove Now, Appeal Later Provisions
Some claimants may prove irremovable from the UK for various reasons. The question then becomes, whether in light of the recent extension of the Section 94B certification power to non- deportation cases, it is possible to utilise Home Office policy itself to argue that the certification procedure is not appropriate in a given case.
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Supreme Court seeks to simplify issues on validity of applications and Section 3C leave
The newly notified Supreme Court decision, Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63, at first brush appears as a short and easy read, however is quite loaded with legislation, rules and caselaw that makes very dry and uninteresting reading.
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Valid Passport with the Home Office? Zimbabweans with no claims still very much removable from the UK
Cases such as Babbage, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 148 and JM (Zimbabwe), R (on the application of) v Secretary of State for the Home Department [2016] EWHC 1773 are often understood by some to mean that any Zimbabwean national detained under UK immigration powers is irremovable. This is not correct. The Home Office have incrementally been detaining Zimbabwean failed asylum seekers upon reporting and some are indeed being removed forcibly to Zimbabwe.
The question that becomes relevant for Zimbabwe nationals who have no claims or appeals pending is this: have the Home Office retained the person’s valid and current passport at some point? If so, without a legal basis of being in the UK, the chances of resisting removal to Zimbabwe are very much significantly reduced.
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Tip of the Day: Undocumented Parents Having A British Citizen Child In The UK
Home Office Policy Guidance, IDI, Appendix FM Section 1.0b Family Life (as a Partner or Parent) and Private Life: 10-Year Routes, August 2015, currently summarises at Paragraph 3.5:
The 10–year parent route provides a basis on which leave to remain can be granted to a parent who has responsibility for or access to their child following the breakdown of their relationship with the child’s other parent.
This route is for single parents who:
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have sole parental responsibility for their child; or
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are the parent with whom the child normally lives, rather than the child’s other parent (who is British or settled); or
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do not live with the child (who instead lives with a British or settled parent or carer), but they have direct access in person to the child, as agreed with the parent or carer with whom the child normally lives, or as ordered by a court in the UK.
The parent route is therefore not for couples with a child together who are in a genuine and subsisting relationship. An applicant can only apply for the parent route if they are not eligible to apply for the partner route.