Gherson - Family Immigration

Policy announced to implement HSMP Forum judgment

Gherson — Fri, 11 Jul 2008 10:28:38 -0700

The UK Borders Agency (the “UKBA”) yesterday published a new policy in the light of the HSMP Forum’s successful application for judicial review of the changes to the qualifying criteria for extensions of leave to remain under the Highly Skilled Migrant Programme (“HSMP”).

Article 8 - rights of Appellant's family members in UK count

Gherson — Thu, 3 Jul 2008 00:00:00 -0700

In B v Secretary of State for the Home Department [2008] UKHL 39 (one of four highly significant judgments issued by the House of Lords’ Appellate Committee on 25-6-2008) the issue was whether when somebody appeals against a decision to remove him or her from the UK and says that the decision violates his right to respect for family life protected by Article 8 of the European Convention on Human Rights (the “ECHR”) – is the effect of his removal on other members of his family relevant to the question of whether the decision is contrary to Article 8?

Gherson success in sole responsibility appeal

Gherson — Mon, 16 Jun 2008 04:30:58 -0700

One of Gherson’s clients, a 10 year old girl living in Moscow and hoping to accompany her mother to the United Kingdom, has won her appeal against an Entry Clearance Officer’s (“ECO”) decision to refuse to allow her to come to the UK. The ECO had refused the client’s application for entry clearance because he or she had not been satisfied that her mother had “sole responsibility” for the client’s upbringing. The ECO has not sought to challenge the Asylum and Immigration Tribunal’s decision allowing the client’s appeal.

New Tier one rules include concession of 13 May 2008

Gherson — Thu, 12 Jun 2008 11:18:08 -0700

Under the statement of changes in the immigration rules (HC 607) announced on Monday and which is effective from 30 June 2008, the UKBA has implemented the whole of Tier one of the points based system.

Gherson success in appeal involving unmarried partner's policy

Gherson and Co — Tue, 27 May 2008 00:00:00 -0700

Solicitors at Gherson have secured a successful result in an appeal against a decision to remove one of their clients from the UK. The Secretary of State has not made any application for reconsideration of the determination allowing Gherson’s client’s appeal.

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.