Immigration Blog

Is your employee extending her visa? Five steps to avoid fines

What happens in this limbo period when your employee’s visa has ended and the new one has not yet been issued? Can she stay in the country? Does she have the right to work? Is the employer safe if anything goes wrong? In my experience, over 90% of employers simply do not know what they are supposed to do. Of these, the good-natured ones would hope for the best and do nothing or invent their own system of “ensuring” that everything is fair (for example, ask the employee twice in the morning and one more time in the afternoon if

Do I need a visa for my child who was born in the UK?

Do I need a visa for my child who was born in the UK? This was a question of a Tier 2 migrant who has been living in the UK for the last three years and has a valid visa for another two years. His wife is in the UK as his dependant. Since neither parent is a British citizen or has indefinite leave to remain in the UK at the time of the child’s birth, the child is not born a British citizen. But does the child need leave to remain? Strictly speaking, no. Yet, there are two potential

Applications for naturalisation are easy. What can possibly go wrong?

I was recently helping a client with an application for permanent residence. When the application was approved, the client qualified to apply for British citizenship, and I asked if we could help with this next application. To my dismay, he told me that citizenship is easy – why would he need legal help? Or do I think it is complicated? I did not think it was complicated and yet, even uncomplicated matters can go awry. I am always a bit lost for an answer when clients ask me if they can do things without me. It is like asking a

Capparrelli (EEA Nationals – British Nationality) – Is British citizenship precarious?

British citizenship has never been a question of black and white, yes or no, British or not British. There have always been subtleties and nuances and, if we think of Citizens of UK Colonies (CUKCs) or British Overseas Citizens, one may even suspect some form of duplicity about the concept. A recent decision of the Upper Tribunal in the case of Capparrelli (EEA nationals – British citizenship) [2017] UKUT 00162 has created a microearthquake which has sent to shambles any certainty for non-indigenous Brits, especially for those who were born in the UK to EEA national parents. Background facts of

Five reasons not to miss your chance to vote

There is a number of good reasons not to pass this general election, but we have selected just five most obvious ones, or most important from an immigration lawyer’s perspective. Here are five reasons why WE believe that things should change and your vote can make a difference. 1. Your vote may help return the rule of law. Over the last seven years we have witnessed an unprecedented demise of the rule of law: access to immigration courts has been but abolished, decision making is put on freewheel basis and justice is not part of the legal system. There is

British citizenship for EU national children – entitlement or a matter of discretion?

Not every child born in the UK is a British citizen by birth. But every child can be registered at the discretion of the Secretary of State. The Home Office should not be confused as to the basis for exercise of discretion. It is not “exceptionality” that has to be addressed, but the child’s best interests and the child’s most probable place of residence in the foreseeable future.

New Immigration appeal fees: post Brexit cost of justice

Cost of immigration appeals has increased dramatically overnight. This affects not only migrants, it is a telltale of what is happening with the society in Brexiting Britain. Where the law is uncertain or simply cannot be enforced, political agenda dictates decision without much regard to the law. The next thing that happens is that slogans substitute substance. The increase of immigration appeal fees is introduced under the slogan “justice for all”.

The Human Rights Act to be scrapped… Hail, Brexit!

We will still remain a party to the European Convention on Human Rights. When asked what the point would be, the post-Brexit Secretary for Justice says "the British Bill of Rights will protect us in a better way". The absurdity of this statement made me wonder if I was reading thedailymash. I wasn't. It may be worth explaining why it is SO nonsensical, and so fundamentally untrue...

Brexit from an immigration lawyer’s perspective

Brexit will affect us all, independently of background, migrants or not, Europeans or Africans. From an immigration lawyer's perspective, my strong recommendation for EU nationals is to apply for a document certifying permanent right of residence. It was not, and still is not, mandatory to have this document. However, it became of considerable value in November 2015 when a new rule made it mandatory to hold this document before applying for British citizenship.