Gherson - Family Immigration

Re-entry bans - government announces further major concession

Gherson — Thu, 15 May 2008 00:00:00 -0700

The history of the Border and Immigration Agency’s, (recently renamed the “UK Borders Agency” or UKBA) implementation of its points based system via the immigration rules is bizarre to say the least. HC 321 was laid before Parliament on 6 February of this year. In this "statement of changes in the immigration rules" the government - without any prior warning or consultation - introduced rules which were immediately characterised as “re-entry bans”.

Child Visitors - Requirement to name all those who may travel with a child. Failure to do so may result in child being refused entry to the UK.

Gherson — Tue, 6 May 2008 00:00:00 -0700

On 12 February 2006 the Border and Immigration Agency (now the UK Border Agency) introduced a new requirement into the Immigration Rules relating to child visitors. (Paragraph 46A of the Immigration Rules).

The Rule requires in relation to visa nationals that if a child applies for an Entry Clearance (a visa) as an accompanied child, they must specify which parent or guardian will travel with them. As a consequence, the Home Office may interpret this as meaning that on each entry to the UK the child must be accompanied by the parent or guardian specified on their Entry Clearance. The child could be refused entry to the UK if they are not travelling with the person specified.

New entry clearance guidance notes cover concession of 17 March 2008

Gherson and Co — Fri, 4 Apr 2008 00:00:00 -0700

The new unified UK Borders Agency (which yesterday - 3 April 2008 - brought together Border, immigration, customs and visa checks) has updated its guidance to entry clearance officers to include both the new general grounds for refusal and the Secretary of State ’s concession announced in the House of Lords on 17 March 2008.

No return rule - those in UK now not affected if they go home before October

Gherson — Thu, 20 Mar 2008 00:00:00 -0700

The government’s most recent statement of changes in the immigration rules – HC 321 – implemented the Tier one (general) sub category of the new Points Based System. As was reported here on 14 February 2008 – the statement includes new “general grounds for refusal” which – at rule 320 (7B) - have the effect of requiring entry clearance officers to refuse any application from someone who has overstayed any previous leave to remain or who has previously entered the UK illegally, or who has used deception in any previous application for entry clearance. All applications are to be refused for a period of one year, but if the applicant returned to his or her home country voluntarily but at the UK’s expense all future applications will be refused for a period of five years after the person’s departure from the UK. If he or she was removed or deported - all applications will be refused for a period of ten years after the removal or deportation. People who used deception will always have to wait ten years before any future application will be not automatically be refused. The statement of changes indicated that these penalties will be applied from April 1 2008 – giving anyone affected by them effectively no time at all to return home and to make an application for entry clearance under the rules as they are at the moment.

Third party can provide accommodation for spouse

Gherson — Mon, 17 Mar 2008 10:55:27 -0700

Back in June of last year we reported the Asylum and Immigration Tribunal’s determination in AM (3rd party support not permitted R281 (v)) Ethiopia [2007] UKAIT 00058. In that case the Tribunal - chaired by its current president - found that people applying for entry clearance under rule 281 of the Immigration Rules had to show that they could maintain themselves from their own means – and that the wording of the rule prohibited them from relying on funds received from other people (known as “third parties”). In December we reported the Court of Appeal’s judgment in MW (Liberia) v Secretary of State [2007] EWCA Civ 1376, in which the Court of Appeal upheld the Tribunal’s determination dismissing the appeal of a child against the refusal of her application to join her mother in UK – finding that children applying to come to the UK could only rely upon funds for their maintenance which were provided by their parents.

Green Paper : citizenship changes - all existing immigration laws to go

Gherson — Wed, 27 Feb 2008 05:30:00 -0800

The government has this month issued a new green paper setting out further major changes to the United Kingdom’s system of immigration. The changes will be set out in a draft bill in the summer. This will be followed in November of this year by a single piece of legislation which, according to the Border and Immigration Agency will “replace all existing immigration laws”. The proposals are apparently the consequence of several months of public listening sessions carried out by the Central Office for Information. In December of last year the Immigration Minister Liam Byrne was quoted as stating that (happily) this consultation programme had revealed that the UK was not a nation of “Alf Garnetts”.

General grounds for refusal - changes in the immigration rules HC321

Gherson — Thu, 14 Feb 2008 10:17:24 -0800

On 6 February 2008 the government published the latest statement of changes in the immigration rules. As expected the rules establish the new regime under which Tier one – the highly skilled tier of the points based system - will be implemented. The regime commences on 29 February 2008, when any highly skilled foreign national who is currently working in the United Kingdom will have to apply under the new rules for an extension of their stay. From 1 April 2008 highly skilled people in India wishing to enter the UK in that category will have to apply to enter the UK under the provisions of the new rules. By the summer the rules will apply to all highly skilled applicants for entry anywhere in the world.

What free movement rights are for - Jia considered

Gherson — Fri, 1 Feb 2008 00:00:00 -0800

In KG (Sri Lanka) and AK (Sri Lanka) [2008] EWCA Civ 13 (25 January 2008) the Court of Appeal considered Article 3 (2) of Council Directive 2004/38/EC. The entire Directive has been implemented into the domestic law of the United Kingdom by the Immigration (European Economic Area) Regulations 2006.

Children seeking entry: third party support not allowed

Gherson — Mon, 7 Jan 2008 00:00:00 -0800

In MW (Liberia) v Secretary of State (20 December 2007) the Court of Appeal issued its judgment on the question of whether children seeking entry to the UK to join their parents can succeed in their applications for entry clearance if they are to be supported and accommodated by their parents with the financial assistance of others (“third parties”).

New AIT case on requirement for entry clearance for family members of EEA nationals

Gherson — Mon, 17 Sep 2007 04:53:17 -0700

The Asylum and Immigration Tribunal has held that for persons seeking admission to the United Kingdom as the family member of an EEA national possession of an EEA family permit is not a necessary requirement of the Immigration (European Economic Area) Regulations 2006.