LATEST POSTS
New immigration ruling on family law
WHEN does someone who does not meet the requirements of the Immigration Rules, but has a claim to family life, succeed in that claim, in circumstances where there are no children and the other party on whom they depend does … Read more
It’s official: UK Home Office can lose your documents
I CAME across a recent UK High Court decision which is extremely useful as it confirms that, in appropriate cases, judges are prepared to accept that the Home Office can lose applicants’ documents. The case is called Kisuule, R (on … Read more
Key changes to UK points-based system
ON May 23, 2011, section 19 of the UK Borders Acts 2007 was brought into force with immediate effect. This section of the Act inserts section 85A into the Nationality, Immigration and Asylum Act 2002. Section 85A basically states that … Read more
UK sets new Zimbabwe country guidance case
THE United Kingdom Upper Tribunal has at last announced the new Country Guidance case on Zimbabwe. It is called EM & Ors: Zimbabwe CG [2011] UKUT 00098. The new Country Guidance case has significantly narrowed the risk categories that were … Read more
Absences abroad for UK work permit holders now allowed
A KEY requirement for obtaining Indefinite Leave to Remain in the UK after having spent five years as a work permit holder is of course that the applicant must have spent “a continuous period of five years lawfully in the … Read more
Key UK immigration developments of 2010
AS WE begin a new year, let us cast a backward glance and run down the major talking points in UK immigration law in 2010. At the beginning of the year, a number of changes were introduced to the student … Read more
UK Supreme Court offers new hope for asylum seekers
THE United Kingdom Court of Appeal has handed down the case of RT (Zimbabwe) & Ors v SSHD [2010] EWCA Civ 1285, which is an extremely generous decision and will be of significant use to Zimbabweans seeking asylum in the … Read more
Gamu Nhengu’s immigration options
THE media circus surrounding X Factor reject Gamuchirai Nhengu puts a spotlight on a number of issues which are the subject of this short commentary. We do not have the full facts and, therefore, we can only go on what … Read more
UK fact finding report confirms worst fears
BETWEEN August 9 and 17 this year, the Home Office undertook a fact finding mission to Zimbabwe to gather information on the situation in Zimbabwe since the formation of the Government of National Unity (GNU) back in February 2009. Its … Read more
Article 8 extended to Points Based cases
THE UK Upper Tribunal has confirmed in a recent case called CDS (PBS “available” Article Brazil [2010] UKUT 305 that Article 8 (the human right to a family and private life in the UK) is applicable in Points Based cases. … Read more
Is 7-year concession resurrected?
ON DECEMBER 9, 2008, the Home Office announced the withdrawal of the seven-year concession with effect from that date. The concession had been an extremely useful policy which for several years allowed some families with dependent children (in particular children … Read more
£800 requirement: Home Office shifts goal posts
THE Home Office have amended the Immigration Rules in what appears to be a desperate scramble to stay ahead of the outcome in Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719. Pankina is the Court … Read more
UK family reunion for children over 18
UNDER the Family Reunion provisions, UK refugees are entitled to bring to the UK their pre-flight family. ‘Pre-flight family’ means the spouse to whom the refugee was married or children born to him before he fled to the UK. For … Read more
Victory in UK Points Based System £800 requirement
ON JUNE 23, 2010, the Court of Appeal handed down a hugely important and long awaited decision regarding Points Based System (PBS) cases. In Secretary of State for the Home Department v Pankina [2010] EWCA Civ 719, the Court of … Read more
Immigration under new UK government
THE Tories are back in power in the UK but in a coalition government with the Liberal Democrats, courtesy of a hung parliament. The extreme ideological positions of the two respective parties are all too clear and at face-value, they … Read more
