Immigration Law 2021

Browne

Sujets

• Immigration law

Informations

• Publié par: College of Law Publishing
• Date de parution: 01 janvier 0001
• Nombre de lectures: 0
• EAN13: 9781914202001
• Langue: English

Extrait

IMMIGRATION LAW
IMMIGRATION LAW
Kevin Browne, LLB, Solicitor
Published by
College of Law Publishing,
Braboeuf Manor, Portsmouth Road, St Catherines, Guildford GU3 1HA
© The University of Law 2021
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of the copyright holder, application for which should be addressed to the publisher.
Crown copyright material is licensed under the Open Government Licence v3.0.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.
ISBN 978 1 913226 88 6
Typeset by Style Photosetting Ltd, Mayfield, East Sussex
Tables and index by Moira Greenhalgh, Arnside, Cumbria
Preface
This book is intended to provide an introduction to immigration law and practice. I hope that it will be of use to students studying in this area, as well as practitioners who are new to the various topics covered or who wish to update their knowledge.
After a short, practical introduction in Chapter 1 (which includes a list of useful websites at 1.2.8 ), the book deals with British nationality and the right of abode in the United Kingdom in Chapter 2 . This is followed by a detailed analysis of immigration controls in Chapter 3 . The unique immigration status of EEA nationals and their family members is considered in Chapter 4 , along with how a family member of a British citizen who has engaged Treaty rights might use EU rather than domestic law to enter the UK. The next four chapters then address the key immigration categories of entry to the UK. Asylum seekers and refugees are considered in Chapter 9 . Enforcement of immigration law, the appeals system and judicial review are dealt with in the last three chapters. In each chapter I have tried to present the information in a logical, structured order with practical examples. I would welcome comments from readers which can be sent via CLP ( clponline.co.uk ).
Immigration law and practice constantly change. In this edition, I have included developments in refusal and cancellation of leave (new Part 9 grounds); 10 years’ continuous lawful residence ( Hoque v Secretary of State for the Home Department [2020]); immigration health surcharge (new rates); visitors (new Appendix V: Visitor, Appendix Visitor: Visa National list, Appendix Visitor: Permit Free Festival List and Appendix Visitor: Permitted Activities), students (new Appendix Student), employment (the closure of Tier 2) and the introduction of Skilled Workers and Intra-Company routes (new Appendix Skilled Worker, Appendix Skilled Occupations, Appendix Shortage Occupation List and Appendix Intra-Company routes) and changes to the sole representative and UK ancestry routes (new Appendix Representative of an Overseas Business and Appendix UK Ancestry); genuine and subsisting parental relationships ( Secretary of State for the Home Department v AB (Jamaica) [2019] and Runa v Secretary of State for the Home Department [2020 ] ); asylum ( DH (Particular Social Group: Mental Health) Afghanistan [2020] and AM (Zimbabwe) v Secretary of State for the Home Department [2020]); deportation (new Home Office guidance on ECHR Article 3, Akinyemi v Secretary of State for the Home Department (No 2) [2019], Mahmood v Upper Tribunal (Immigration & Asylum Chamber ) [2020], HA (Iraq) v Secretary of State for the Home Department [2020]) and appeals ( Begum v Special Immigration Appeals Commission [2020] and Johnson v Secretary of State for the Home Department [2020]).
In the interests of brevity, the masculine pronoun has been used to include the feminine.
I would like to thank David Stott, Sue Hall and the team at CLP for all their hard work on this title.
I would also like to thank my wife, children, colleagues and past students for their help and inspiration.
This edition is dedicated to Alistair, Mary, Chris, Tom, Phil, Harry and Rene. All much missed.
Kevin Browne
The University of Law,
London
Contents
PREFACE
TABLE OF CASES
TABLE OF STATUTES
TABLE OF SECONDARY LEGISLATION
TABLE OF ABBREVIATIONS
Chapter 1 INTRODUCTION
1.1 Public law and practical problems
1.2 Sources of immigration law and general principles
1.3 Institutions
1.4 Immigration controls
Chapter 2 BRITISH NATIONALITY AND RIGHT OF ABODE
2.1 Introduction
2.2 British citizenship
2.3 Commonwealth citizens with right of abode
2.4 Historical background
2.5 Summary of British Citizenship
Chapter 3 IMMIGRATION STATUS
3.1 Immigration controls
3.2 Immigration Rules
3.3 Conditions of limited leave
3.4 Entry clearance
3.5 Leave to enter
3.6 Leave to remain in the UK: extension or variation of existing leave
3.7 Cancellation of existing leave to enter or remain
3.8 Settlement
3.9 The Common Travel Area
3.10 Immigration healthsurcharge
3.11 Evidential flexibility for the points-based system
Chapter 4 EEA NATIONALS
4.1 Who are EEA nationals?
4.2 What is their immigration status?
4.3 Rights under EU law
4.4 The Immigration (European Economic Area) Regulations 2016
4.5 Chart cross-referencing key aspects of 2016 Regulations and 2004 Directive
4.6 EEA nationals and Brexit
4.7 Regulation 9 of the I(EEA) Regs 2016 post-Brexit
Chapter 5 VISITORS
5.1 Introduction– who is a visitor?
5.2 Standard visitor
5.3 Prohibited activities
5.4 Permitted activities
5.5 Child visitor
5.6 Private medical treatment visitor
5.7 Organ donor visitor
5.8 Approved Destination Status Agreement visitor
5.9 Academic visitor in excess of six months
5.10 Marriage and civil partnership visitor
5.11 Permitted Paid Engagement (PPE) visitor
5.12 Transit visitor
5.13 Short-term study visa
Chapter 6 STUDENTS
6.1 Who is a Student?
6.2 Sponsorship: approved education provider
6.3 Validity requirements
6.4 Suitability requirements
6.5 Eligibility requirements
6.6 Permission to enter the UK
6.7 Extending permission to enter
6.8 Family members of a Student
Chapter 7 EMPLOYMENT, BUSINESS AND INVESTMENT
7.1 Introduction
7.2 Global Talent
7.3 Start-up
7.4 Innovator
7.5 Tier 1 Investor
7.6 Partners of a Global Talent, Start-up, Innovator, Tier 1 Investor
7.7 Children of a Global Talent, Start-up, Innovator, Tier 1 Investor
7.8 Skilled Workers
7.9 Intra-Company routes
7.10 T2 Minister of religion
7.11 T2 Sportsperson
7.12 T5 Temporary Workers
7.13 Sole representative of an overseas firm
7.14 Commonwealth citizen with UK ancestry
7.15 Illegal working in the UK
7.16 Offence of illegal working
7.17 Right to rent checks
7.18 Bank and building society account checks
7.19 Recently closed categories
Chapter 8 FAMILY REUNION
8.1 Overview
8.2 Exempt groups
8.3 Entry clearance as a partner
8.4 Leave to remain in the UK as a partner
8.5 Paragraph EX.1
8.6 Indefinite leave to remain (settlement) as a partner
8.7 Indefinite leave to remain (settlement) as a bereaved partner
8.8 Indefinite leave to remain (settlement) as a partner who is a victim of domestic violence
8.9 Children entering for immediate settlement
8.10 Parent of a child settled in the UK
8.11 Adult dependent relatives entering for immediate settlement
8.12 Child entering with or to join a parent who has limited leave
8.13 Private life in the UK
8.14 Claims under Article 8 ECHR
Chapter 9 ASYLUM-SEEKERS ANDREFUGEES
9.1 Overview
9.2 Law and procedure
9.3 What is an asylum claim?
9.4 Meeting the requirements of the Refugee Convention
9.5 Exclusion from refugee status
9.6 Consideration of cases
9.7 Country policy and information notes
9.8 Refugee status
9.9 Human rights issues
9.10 Humanitarian protection and discretionary leave
9.11 Claims certified as being unfounded
9.12 Danger of unsuccessful claims
9.13 Asylum appeals
9.14 Making a ‘fresh’ asylum (or human rights) claim
9.15 Asylum checklist
Chapter 10 DEPORTATION AND ADMINISTRATIVE REMOVAL
10.1 Deportation
10.2 Human rights challenges to deportation other than Article 8 ECHR
10.3 Article 8 ECHR challenges to deportation
10.4 Administrative removal
10.5 Removal to require entry clearance
Chapter 11 APPEALS AND REVIEWS
11.1 Appeals: the general rule
11.2 Decisions against which there is a right of appeal
11.3 Grounds of appeal
11.4 Where appeal rights are exercisable
11.5 The ‘one stop’ process
11.6 The appeals system
11.7 Pending and abandoned appeals
11.8 National security and similar matters
11.9 Deportation order made on national security grounds
11.10 EEA nationals
11.11 Unfounded claims
11.12 Human rightsclaims
11.13 Persons excluded from asylum
11.14 European Common List of Safe Countries of Origin
11.15 Deprivation of citizenship orders
11.16 Administrative review
Chapter 12 JUDICIAL REVIEW PROCEEDINGS
12.1 What is judicialreview?
12.2 Making a claim: pre-action steps
12.3 Court proceedings
12.4 Appeals from judicial review decisions
12.5 Specimen letter before claim
APPENDICES
Appendix 1 Immigration Rules
Appendix 2 The European Union and Associated States
Appendix 3 Directive 2004/38/EC
Appendix 4 Immigration (European Economic Area) Regulations 2016
Appendix 5 Extracts from the European Convention on Human Rights
Appendix 6 British Citizenship: A Summary
Appendix 7 Naturalisation: A Summary
Appendix 8 Criminality grounds
Appendix 9 CommonwealthCitizens
Appendix 10 Commonwealth Citizen with Right of Abode: A Summary
Appendix 11 British Overseas Territories
Appendix 12 Active and trading UK registered companies
Appendix 13 Home Office Definition of Common Ownership or Control
Appendix 14 Refugee or Person in Need of International Protection (Qualification) Regulations 2006
Appendix 15 Pre-Action Protocol forJudicial Review
INDEX
Table of Cases A A (Afghanistan) v Secre