Category Archives: Know The Procedure
The Home Office and National Passports: Resolving Validity, Expedition, Retention and Return Issues
A person may need to have a current, original passport to enable submission of a valid Home Office application. There are however other reasons why such a document may be required including:
- Needing a valid passport for identity purposes, for example in order to register to marry or in order to undertake a relevant English test;
- needing to travel urgently.
The home office may have retained the passport following a refusal decision- a question might then arise as regards under what power the home office can do so. Where the home office have retained a passport and are not willing to return the original document, are they able to send a certified copy of the document instead?
Getting Ready To Make A Bail application: Random Top Tips For Immigration Detainees
Without it needing to be prolonged, the fact itself of being held in immigration detention can be quite distressing. Once a person finds themselves detained under immigration powers, it is very most likely with a view to deportation or removal. In such circumstances, the immediate question then becomes when and how best to submit a bail application.
Some several matters set out below may be worth considering when preparing an application for bail.
The Practical Effect of Section 3C Leave And Positively Utilising Home Office Policy Guidance to Maximum Effect
An applicant may inadvertently fail to submit the correct specified application form and thereby also provide the wrong fee payment or none at all. An applicant may also fail for one reason or the other to have their biometrics taken within the required time limit. These errors and failures may ultimately result in invalidation of a timely submitted leave application and therefore rejection with the result that such an applicant becomes an overstayer. An invalid application does not extend leave under section 3C of the 1971 Act (as per Iqbal & Ors, R (on the application of) v The Secretary of State for the Home Department [2015] EWCA Civ 838, mentioned below). Section 3C does not extend leave where the application is made after the applicant’s current leave has expired.
Refusal Decisions: The Various Available Avenues of Challenging Adverse Home office Decisions
Where a person is refused leave to remain by the Home Office, considerable distress inevitably arises. An in -country right of appeal may be provided or the applicant may be required to appeal once they have left the UK. On the other hand, a right of appeal may be denied altogether.
Home Office Application Fees and Tribunal Appeal Fees: Avoiding Payment Via Fee Waivers, Exemptions And Remissions
The Home Office have increasingly made it so over the years that applicants intending to submit leave to remain applications think twice before doing so in light of the applicable prohibitive costs involved in not only having to make provision for the relevant home office application fees but also as from April 2015, the NHS Health Surcharge. Families seeking to submit human rights applications are most affected in particular where they have no leave to remain, no source of income but having qualifying children for example under the “7year Rule” justifying submission of a leave application. Not only is the cost of the home office application fee daunting but there is also the possibility, where upon refusal, that further Tribunal appeal fees may need to be paid if an in -country right of appeal is given.