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Immigration Solicitors, Asylum solicitors, Solicitors, Immigration, Asylum

Publications

We are often asked by various publications to comment on changes in the law, especially in the area of immigration.

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Outstanding Legacy asylum cases: Delays and decisions

By Vitalis Madanhi

In the light of the fact that a number of people are still to have their immigration matters regularised and finally decided by the UKBA, I thought it important to discuss issues arising with regards to legacy and any such outstanding asylum matters which are yet to be resolved. In doing so I have taken into account investigations and representations made by the Immigration Law Practitioners Association (ILPA), to the Chief Inspector of the Borders and Immigration to help readers understand the true position with regards to legacy matters.

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Automatic Deportation from the UK: adults, juveniles and families

By Vitalis Madanhi

Section 32 of the UK Borders Act 2007 applies to all those who have received a sentence of imprisonment of at least 12 months after 1 August 2008 or is in custody pursuant to such a sentence on that date and had not been served with a notice of deportation before then. Such a person is defined as a foreign criminal and must be made the subject of a deportation order unless an exception applies under s.33. The three most common exceptions are:

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UK Visas: Children to be interviewed: evidence required for entry clearance

By Vitalis Madanhi

Many people have settled in the UK and struggle to have their children and families join them so that they live together as families. People have been granted different status and as such the way they have to seek family re-union differs. Those who are refugees would apply for family reunion, and others may simply apply in terms of the immigration rules to ensure that their families come to the UK to live with them. In most cases entry clearance officers raise various issues seeking to deny families to live together. Children particularly those who would be near the age of majority have really suffered as many reasons are raised against them. In such cases it is absolutely significant that relevant evidence and materials be furnished to the entry clearance officer and also the child involved may be interviewed even by telephone.

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New Hope for Zimbabwean asylum seekers: UK Court of Appeal grants permission to appeal the decision of EM and Others (Returnees) Zimbabwe

By Vitalis Madanhi

It is significant and pleasing to note that the court of appeal has granted permission to appeal against the current Zimbabwe Country Guidance case which had brought so much misery to Zimbabweans who have been seeking permission to regularise their stay in the UK. The decision known as EM and Others (Returnees) Zimbabwe which was decided as a country guidance case was being heavily relied upon by the UK Border Agency to deny appeals and applications made by Zimbabweans.

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Registration of children as British Citizens: Legacy cases and indefinite leave in the UK

By Vitalis Madanhi

A number of people have had their asylum cases decided as legacy cases by the UK Border Agency. In the majority of those cases applications could have been made a number of years ago resulting with an eventual grant of indefinite leave to remain in the UK. Some cases were decided and indefinite leave to remain granted outside the immigration rules. Whatever the basis upon which indefinite leave to remain in the UK was granted the fact of the matter is that those people are now considered settled in the UK.

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Asylum: Demonstrations at Embassies: UK Court Decides

By Vitalis Madanhi

Many people attend outside embassies in London demonstrating against governments of their countries of origin for a whole range of reasons. People demonstrate under the banner of democracy, human rights and others seek a complete change of government in their countries. People do so agitating for human rights to be respected and seeking to draw international attention to their different causes. Demonstrations have been staged for good causes but others with ulterior motives. It is significant to note that many people have also used these demonstrations as evidence in support of their claims for asylum in the UK.

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A New Asylum Process to Benefit Asylum Seekers (ELAP)

By Vitalis Madanhi

A significant process has been established by the UK Border Agency in partnership with the Legal Service Commission (LSC) for people claiming asylum in the UK. The whole process is referred to as the Early Legal Advice Project (ELAP). Essentially, this is a process whereby an applicant receives substantive legal representation from the onset. The intended objective of this process is to get more cases decided in the right way and to ensure that people deserving asylum should not be asked to wait in limbo for a long time. This process is being tested in the West and East Midlands Region.

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The UK Supreme Court defines and rules on best interests of the children in Immigration cases

By Vitalis Madanhi

As people settle in the UK it is apparent that people do so with valid leave and in a majority of cases without the requisite leave to remain. One thing is certain though, families are bound to be formed. Status or no status children end up coming and to that extent their rights too have to be considered. A number of cases have come before the courts fairly recently but the Supreme Court decision handed down on the 1st February 2011does clarify the law with regards to the best interests of the children not only with respect to immigration law but in other facets of the law.

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Immigration Status: The Points Based System

By Vitalis Madanhi

The current changes taking place in the Immigration system in the UK are a cause for concern for people seeking to regularise their status in the UK. This is a brief discussion about important issues which have really taken many people by surprise particularly where the changes have not been anticipated by those who are obliged to regularise their immigration status in the UK. There are some key issues arising in practice with the implementation of the Points Based System (PBS) and how some of the issues could affect would be applicants. Some issues about this system rob applicants of the benefit of discretion and flexibility by the courts unless properly guided.

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The Points Based System: Issues arising

By Vitalis Madanhi

The current changes taking place in the Immigration system in the UK are a cause for concern for people seeking to regularise their status in the UK. This is a brief discussion about important issues which have really taken many people by surprise particularly where the changes have not been anticipated by those who are obliged to regularise their immigration status in the UK. There are some key issues arising in practice with the implementation of the Points Based System (PBS) and how some of the issues could affect would be applicants. Some issues about this system rob applicants of the benefit of discretion and flexibility by the courts unless properly guided.

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What about students and Immigration in the UK?

By Vitalis Madanhi

I have discussed tiers 1 and 2 previously. Students are the whole subject of tier 4 of the points based system. In this article I shall endeavour to shed light on the points based system in so far as it relates to students who seek to regularise their entry and stay in the UK.

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Visa applications for family members coming to the UK: The UK Supreme Court decides on sponsorship

By Vitalis Madanhi

It is essential to ensure that a requirement for maintenance and accommodation is met before one invites a family member to come to the UK to settle. This could be the case for family members seeking to join spouses or relatives settled in the UK. The Immigration rules deal with various categories of family members seeking leave to enter the UK to settle with other family members already settled in the UK. Those who are based in the UK are described as "sponsors" taking into account the role they have to play for bringing a family member into the UK. Basically the categories of family members for which sponsors are required are rules 281 dealing with spouses (or, following amendment, civil partners), rule 297 dealing with children and rule 317 dealing with parents, grandparents and other dependent relatives. All these rules include a requirement that those seeking entry will be able to be accommodated and maintained in the UK without recourse to public funds.

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Immigration: Visa Applications and Refusals

By Vitalis Madanhi

Many people settled in the UK are perfectly entitled to invite relatives from their countries of origin. It is absolutely important for people to maintain family relationships and ties. This could be achieved by either visiting family back home or by inviting relatives to visit. In some deserving instances ask relatives to join them in the UK. Entry clearance officers have developed an apparently hostile attitude when handling some visa applications for our loved ones who too wish to maintain family ties. At times the Entry clearance officers are unjustifiably unpredictable to the detriment of the visa applicants.

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UK Immigration limit for Tier 1 (General) of the points based system and changes to tier 1 points

By Vitalis Madanhi

The points based system in the UK Immigration field continues to have changes. Most recent changes are with respect to Tier 1 (General). Basically, if a person is in the UK and seeking to extend their stay into tier 1 (general) the points will be 95 points. If a person is in the UK in any other category such as Tier 1 (post study work) then you would need to score 100 points when you switch into tier 1 (General). If a person is applying from outside the UK, a person would need to score 100 points. This change is with effect from the 19th July 2010.

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UK Immigration /Refusals on technicalities (Spanners and Bolts in the engine)

By Vitalis Madanhi

A number of people are having their applications for further leave to remain in the UK rejected by the UK Border Agency mainly on the basis of some technical issues which may not be of their own making. The effect of the refusals becomes devastating and shattering irrespective of any such rejections being based on mere technicalities. In some instances the repercussions affect work, studies and the very family fabric upon which we all depend. It is important to know that there are always remedies to some of these technical rejections to immigration applications.

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Students and the Immigration Courts: UK

By Vitalis Madanhi

In the last article I indicated that I shall further deal with how the courts have dealt with students' issues in the UK. Anyone aggrieved with a decision from the UK Border Agency has a right to seek recourse in the courts. Students so aggrieved would also do likewise. I shall endeavour to outline by way of examples common issues which cause a misery to many students.

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UK Asylum and Immigration: Rights of children and the withdrawal of the seven year policy- Court decides

By Vitalis Madanhi

Previously the Home Office had a policy which helped families whose children had spent seven years in the UK to gain indefinite leave to remain. That policy recognised the need to help families and children who found themselves entangled with the ever changing immigration policies in the UK. That policy was withdrawn. Essentially it was an administrative way of giving effect to the principle of the welfare of the child as a primary consideration. The family as a whole ended up benefiting.

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POINTS BASED SYSTEM: AN OVERVIEW

By Lawrencia Kwegyir-Afful

To modernise and strengthen the UK immigration system, an Australian-style points system, comprising of five tiers has been introduced in the UK. This Australian-style points system is notably referred to, in the UK, as the points based system.

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Immigration: Long residence applications and Gaps in lawful stay

By Vitalis Madanhi

As people settle in the UK, others may wish to consider the long residence route to attain indefinite leave. This may be so for people who may have been students for a long time in the UK doing various courses. Others may have been in the UK in various lawful capacities and eventually they decide to seek indefinite leave to remain in the UK. This is provided for in the Immigration rules contained in paragraph 276 of the Immigration Rules HC395. In essence continuous residence means residence in the UK for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the UK for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return...

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Immigration Status: The Points based system Tier 2

By Vitalis Madanhi

Tier 2 of the Points based System deals with individuals from outside the UK and the European Economic Area (EEA) who have to come to the UK to fill particular jobs that cannot be filled by local British or EEA workers. This category is also divided into four categories.

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Good news for UK refugees who marry: Post flight spouses of refugees now allowed visas

By Vitalis Madanhi

Since August 2005, people who were granted asylum in the UK were granted five years stay instead of the usual indefinite leave to remain which had been the case for the past years. Those who were granted indefinite leave to remain in the UK as refugees would find it easy to apply for family re-union particularly for both their spouses and children. This is explained by the existence of paragraph 281 of the immigration rules which among other requirements seeks to allow spouses of those married to a person present and settled in the UK. In the majority of cases where refugees were then granted indefinite leave to remain they became settled and thereby making it easier for them to bring their spouses in terms of the rules. It has been really a problem for refugees who get married after being granted asylum in the UK to bring their spouses to the UK to live together as a family.

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False documents in UK immigration and Visa applications

By Vitalis Madanhi

The use of false documents in immigration matters or in any other facets of life is not acceptable. There are instances whereby false documents have been used by people desperate to work in the UK during the times whereby their applications would be under process. Some people have been arrested in this regard and others have been sent to prison for various periods and others have been given community service. There are quite a number of criminal cases which have been considered by the courts.

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FRESH CLAIMS: RIGHT TO WORK FOR FAILED ASYLUM SEEKERS: COURT OF APPEAL DECIDES

By Vitalis Madanhi

A significant number of people have applied for asylum in the UK and they were turned down for various reasons. Appeals were lodged and were also unsuccessful. Further applications for either reconsideration or judicial review were made but still to no avail. The UK Border Agency considers such asylum claims as appeal rights exhausted. Applications for fresh claims have since been made in some cases and they have really taken long to be decided. A few fortunate applicants have had positive decisions made pursuant to fresh claims and some have had their applications refused. The majority of fresh claim applicants have been waiting for quite a while. Applicants have been waiting for a number of years. Many such applicants still awaiting decisions in their fresh claims could be familiar with letters from the UK Border Agency to the effect that:

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Deportations and Crime: UK Court of Appeal decides

By Vitalis Madanhi

No one wants to be in trouble with the law particularly if this leads to deportation. A number of people have been arrested for traffic offences. These could range from driving without a licence, driving without insurance or offences of driving with excess alcohol and other motoring offences. Others are arrested whilst working without the requisite status documents. Those offences tend to give rise to a whole range of matters including immigration status and some long forgotten minor or major offences are dug out. When that happens one need friends and family to turn to for help. In the majority of cases the family becomes paramount not only in terms of support but also in terms of preventing deportation.

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Asylum Changes: Fresh claims/further submissions in the UK

By Vitalis Madanhi

It is important to understand the effect of the recent changes to people seeking asylum in the UK. The essence of this article is to clarify the position and to help those who may be caught up with the new changes. On the 13th October 2009 the UK Border agency announced that with effect from the 14th October those who wish to make further submissions (fresh claims and applications as further submissions ), have to make them at Liverpool and those who wish to claim asylum for the first time in the UK should make them at Croydon. Nothing much has changed with regards to those who are claiming asylum for the first time as people have always been required to claim in person at Croydon. The only change in this regard is that people are no longer expected to attend at the offices of the Liverpool UK Border Agency office for the first time seeking asylum. Those seeking asylum for the first time should attend in person at Croydon and it becomes more prudent to make an appointment before one sets off.

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Introduction of New rules in autumn 2010

By Lawrencia Kwegyir-Afful

In a UK Border Agency publication dated the 9th of June 2010, it was announced that from autumn 2010 compulsory English Language tests will be introduced for non-European migrants applying for a visa as the spouse, civil partner, unmarried partner, fiancé (e) or prospective civil partner of a UK citizen or a person settled in the UK.

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Points Based System and Article 8 ECHR

By Lawrencia Kwegyir-Afful

The points based system is well known for its inflexibility and rigidity. Under the points based system, if you are unable to obtain the requisite points under a specific category, you will not qualify for leave to enter or further leave to remain in the UK. It becomes more difficult to argue your case in court especially when you do not meet some specific criteria or you do not have the evidence to prove that you satisfy the rules.

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Students and the Immigration Courts: UK

By Vitalis Madanhi

In the last article I indicated that I shall further deal with how the courts have dealt with students' issues in the UK. Anyone aggrieved with a decision from the UK Border Agency has a right to seek recourse in the courts. Students so aggrieved would also do likewise. I shall endeavour to outline by way of examples common issues which cause a misery to many students.

read the article


Asylum Changes: Fresh claims/further submissions in the UK

By Vitalis Madanhi

It is important to understand the effect of the recent changes to people seeking asylum in the UK. The essence of this article is to clarify the position and to help those who may be caught up with the new changes. On the 13th October 2009 the UK Border agency announced that with effect from the 14th October those who wish to make further submissions (fresh claims and applications as further submissions ), have to make them at Liverpool and those who wish to claim asylum for the first time in the UK should make them at Croydon. Nothing much has changed with regards to those who are claiming asylum for the first time as people have always been required to claim in person at Croydon. The only change in this regard is that people are no longer expected to attend at the offices of the Liverpool UK Border Agency office for the first time seeking asylum. Those seeking asylum for the first time should attend in person at Croydon and it becomes more prudent to make an appointment before one sets off.

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The Right to Work for failed asylum seekers
Revisiting Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin)

By George Tizirai-Chapwanya

In the Tekle judgement, Mr Justice Blake made a finding that the UK's current rules which prevented the asylum seeker from taking employment are incompatible with the European Convention on Human Rights. He further said that any policy to refuse permission to work should be proportionate.

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Your Immigration Status: The Points Based System

The current changes taking place in the Immigration system in the UK are a cause for concern for people seeking to regularise their status in the UK. This is a brief discussion about important issues which have really taken many people by surprise particularly where the changes have not been anticipated by those who are obliged to regularise their immigration status in the UK. There are some key issues arising in practice with the implementation of the Points Based System (PBS) and how some of the issues could affect would be applicants. Some issues about this system rob applicants of the benefit of discretion and flexibility by the courts unless properly guided.

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IMPORTANT CHANGES TO THE CERTIFICATE OF APPROVAL SCHEME (UK)

In R(Baiai) V. Secretary of State for the Home Department (The Baiai Case), the House Of Lords considered the compatibility of the Certificate of Approval Scheme (COA) set up under section 19 of the Asylum and Immigration (Treatment of Claimants) Act 2004, with Article 12 ECHR (Right to marry and establish a family).

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Key issues: post study work scheme

Monday, June 01, 2009

THE Tier 1 Post Study Work (PSW) scheme is one part of a 5 Tier system introduced in August 2007 by the UK Home Office. Its stated aim is to attract skilled and talented people to contribute to the UK’s economy.

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Home Office Latest


Latest Articles


22 Jun
Outstanding Legacy asylum cases: Delays and decisions
» read the article
9 Apr
Automatic Deportation from the UK: adults, juveniles and families
» read the article
24 Feb
UK Visas: Children to be interviewed: evidence required for entry clearance
» read the article