The inflexible Adult Dependent Relative Rules are here to stay so says the Court of Appeal

Posted on May 26, 2017 by alicemuzira Standard Reply

“The question is whether there is now general acceptance that these rules are here to stay as unchallengeable/unamendable….”, so enquired my previous blog article of October 2015 in relation to the Rules relating to Adult Dependent Relatives( ADR’s): Adult Dependant Relatives: Very Deliberately Onerous Rules

An ambitious challenge brought about by BRITCITS in BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) has elicited a negative response to the question of whether the ADR Rules can be challenged successfully with a view to striking them down as unlawful. Rather, the Court of Appeal emphasized disappointingly, “ True it is that significantly fewer dependants, including parents, will be able to satisfy the new conditions but that was always the intention”.

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Know The Procedure: Brand New Home Office Guidance on Validity and Rejection of Leave to Remain Applications

Posted on April 10, 2017 by alicemuzira Standard Reply

The Specified Forms and Applications Home Office policy guidance has been replaced in its entirety by the Applications for leave to remain: validation, variation and withdrawal, guidance published on 6 April 2017. The new guidance describes how home office caseworkers decide whether an application for leave to remain in the UK is valid, and what to do if it is not. It also describes how an applicant can vary and withdraw an application and how to calculate the date of application.

My previous blog article based on the previous policy guidance :

https://ukimmigrationjusticewatch.com/2015/11/04/home-office-applications-the-very-things-that-are-likely-to-get-an-application-rejected-as-invalid-by-the-home-office/

must now be viewed as modified to some extent by the new governing guidance.

An application for leave to remain in the UK is valid when the requirements of Paragraph 34 of the Immigration Rules are met, or where one of the exceptions set out in paragraph 34 apply. The requirements must be met by each applicant:-if the main applicant meets the validation requirements, but a dependent on the same application does not, the main applicant’s application is valid, and the dependant’s application can be rejected as invalid.

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Overstayer Or Failed Asylum Seeker in the UK? Why You Shouldn’t Pack Your Bags Just Yet

Posted on February 14, 2017 by alicemuzira Standard Reply

Failed asylum seekers and those without leave to remain in the UK, may feel that they have no option but to leave the UK, where there seems no way of regularising their stay.

“Home Is Best”, they say, however, prior to taking such steps, it is worth while pausing to review circumstances, as adult claimants or children without leave in the UK have several options open to them having regard to several provisions of UK law, which they can appropriately avail themselves in order to seek to regularise their stay in the UK.

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Is the Upper Tribunal seeking to break free from an overly statutory prescriptive approach in Article 8 Family Children Cases?

Posted on January 19, 2017 by alicemuzira Standard Reply

The recent decision of Kaur (children’s best interests / public interest interface) [2017] UKUT 14 (IAC) by Mr Justice McCloskey makes very interesting reading.

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New Guide for the end of 2016!

Posted on December 28, 2016 by alicemuzira Standard 2

Click the link below and open the pdf guide to immigration changes made in November and December 2016.

There are even further immigration changes expected in 2017 and in particular with the coming into force fully in February 2017 of the 2016 EEA Regulations, both immigration practitioners and lay applicants are expected to be fairly au fait with the changes so as to be able to prepare applications with a fair chance of success.

A Guide to the November and December 2016 changes

Supreme Court seeks to simplify issues on validity of applications and Section 3C leave

Posted on December 15, 2016 by alicemuzira Standard Reply

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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