Long Residence: Exactly why Temporary Admission and Immigration Bail no longer count as lawful residence
UK Immigration Justice Watch Blog
by alicemuzira
11M ago
On 13 April 2023 the Immigration Rules changed not to allow any period on Temporary Admission or Immigration Bail to count towards the qualifying period for long residence. The changes do not also allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. Prior to 13 April […] The post Long Residence: Exactly why Temporary Admission and Immigration Bail no longer count as lawful residence appeared first on UK Immigration Justice Watch Blog ..read more
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An Appellant’s journey to winning his Article 3 HIV medical health appeal in the First Tier Tribunal
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
“I have thought about it.  I don’t have the extra money to pay a barrister. You did the last hearing for me in the Upper Tribunal so you can do the next one. Sorry, I don’t think we need anyone else, that’s why I came to you in the first place.  And I told you […] The post An Appellant’s journey to winning his Article 3 HIV medical health appeal in the First Tier Tribunal appeared first on UK Immigration Justice Watch Blog ..read more
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Celik, the EUSS and human rights: without the Respondent’s consent the First-tier Tribunal Judge could not consider any Article 8 arguments in an EUSS appeal
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
“The Withdrawal Agreement lies at the heart of this case. It is therefore necessary to examine, in some detail, how the Withdrawal Agreement applies to a person, such as the appellant, who was (or may have been) in a durable relationship, prior to 31 December 2020, with an EU citizen but who did not marry […] The post Celik, the EUSS and human rights: without the Respondent’s consent the First-tier Tribunal Judge could not consider any Article 8 arguments in an EUSS appeal appeared first on UK Immigration Justice Watch Blog ..read more
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Extended family members following Batool(and Celik): why the odds were heavily stacked against the Appellants from the start
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
Following the departure of the United Kingdom from the European Union and in the context of the EU Settlement Scheme (“EUSS”), the Upper Tribunal in Batool & Ors (other family members: EU exit) [2022] UKUT 219 (IAC) (19 July 2022) considered the position of  “other family members” within the meaning of Article 3.2 of Directive […] The post Extended family members following Batool(and Celik): why the odds were heavily stacked against the Appellants from the start appeared first on UK Immigration Justice Watch Blog ..read more
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Unduly harsh test is met: FTT Judge allows appeal of a potential deportee he describes as a “ persistent, prolific offender, an unreformed offender”
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
The First Tier Tribunal Judge had two options in this appeal– to allow the Appellant’s appeal despite his criminal record and high likelihood of further offending or his family (and essentially his children) having to remain in the UK without their father. A history of offending spanning over nearly 20years: ZY entered the UK in […] The post Unduly harsh test is met: FTT Judge allows appeal of a potential deportee he describes as a “ persistent, prolific offender, an unreformed offender” appeared first on UK Immigration Justice Watch Blog ..read more
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Getting to grips with the new Appendix Private Life and Guidance: what you need to know
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
Paragraph 276ADE (1) of Part 7 of the Immigration Rules has been deleted. This Rule provided for the requirements to be met by an applicant for leave to remain on the grounds of private life. Appendix Private Life and its accompanying new Guidance: Private life: caseworker guidance, came into force on 20 June 2022, replacing […] The post Getting to grips with the new Appendix Private Life and Guidance: what you need to know appeared first on UK Immigration Justice Watch Blog ..read more
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Zambrano EUSS Primary Carers “New” Guidance: Akinsanya and Velaj
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
“The Home Secretary has carefully considered the Court of Appeal judgment and has decided that she no longer wishes that definition in Appendix EU to reflect the scope of the 2016 Regulations (which have now been revoked) but wishes it to reflect the scope of those who, by the end of the transition period, had […] The post Zambrano EUSS Primary Carers “New” Guidance: Akinsanya and Velaj appeared first on UK Immigration Justice Watch Blog ..read more
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Court of Appeal and Reg 16(5)(c): Akinsanya does not address question whether the British Citizen dependant would be unable to reside in the UK
UK Immigration Justice Watch Blog
by alicemuzira
1y ago
The correct interpretation of Regulation 16(5)(c) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), was in issue in Velaj v Secretary of State for the Home Department [2022] EWCA Civ 767 (31 May 2022) The two judgements of the Court of Appeal in Velaj and R(Akinsanya) v Secretary of State for the […] The post Court of Appeal and Reg 16(5)(c): Akinsanya does not address question whether the British Citizen dependant would be unable to reside in the UK appeared first on UK Immigration Justice Watch Blog ..read more
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Refused EUSS application: non-EU spouse of EEA national wins appeal against Home Office unproven allegations of marriage of convenience
UK Immigration Justice Watch Blog
by alicemuzira
2y ago
Not only did this Appellant win her appeal in 2015 but did so for a second time in April 2022, successfully countering the Secretary of State’s further unproven allegations that her marriage to an EEA national was one of convenience. The Appellant, CZ, contended that as a spouse, she had made a valid application under […] The post Refused EUSS application: non-EU spouse of EEA national wins appeal against Home Office unproven allegations of marriage of convenience appeared first on UK Immigration Justice Watch Blog ..read more
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Charter flight to Zimbabwe: how a potential deportee obtained a stay of removal
UK Immigration Justice Watch Blog
by alicemuzira
2y ago
Alarmingly, enforced deportations to Zimbabwe by charter flight are fast becoming a regular occurrence. The last such flights to Zimbabwe followed one after the other, in July and August 2021. Another charter flight is expected to be enroute to Zimbabwe on 2nd March 2022. 2 March 2022 marks a day where: several British children will […] The post Charter flight to Zimbabwe: how a potential deportee obtained a stay of removal appeared first on UK Immigration Justice Watch Blog ..read more
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