Inflexibility within new mandatory online application process: Redundancy of “10 working day grace period” to pay Immigration Health Surcharge

The new online application process, whilst appearing on the surface to have provided a “straightforward” method of completion of online application forms, in practice has inbuilt inflexibility and unfairness on issues that matter the most, ie fees.

 

Continue reading

Court of Appeal endorses Upper Tribunal in JG on interpretation of section 117B(6)(b): Reasonable to expect a child to leave the UK and parental relationship

In Secretary of State for the Home Department v AB (Jamaica) & Anor [2019] EWCA Civ 661 (12 April 2019), the Court of Appeal, among other issues considered Section 117(B)(6) of the Nationality, Immigration and Asylum Act 2002, as amended by the Immigration Act 2014, in the following respects:

 

  • “a genuine and subsisting parental relationship with a qualifying child” in section 117B(6)(a), and

  • “it would not be reasonable to expect the child to leave the United Kingdom” in section 117B(6)(b)

The Court of Appeal made it clear that the,“ position has now been reached in which this Court is not only free to depart from the approach taken by Laws LJ in MM (Uganda) but indeed is required to do so in order to follow the binding decision of the Supreme Court in KO (Nigeria)”.

Continue reading

Deliberate and calculated: How the Home Office prevented access to the Immigration Health Surcharge Portal on 7 January 2019

In a deliberate and calculated move, the Home Office jumped the gun, in practice enabling the doubling of the Immigration Health Surcharge to become effective on 7 January 2019.

 

The effect of the increase to the charge is set out in a recent blog post: Doubling of the Immigration Health Surcharge: Paying through the nose to obtain a UK visa

The Immigration (Health Charge) (Amendment) Order 2018 No. 1389 was made on 18 December 2018 and is to the following terms, amongst other provisions:

 

Continue reading