All of the material I used to formulate this is from the Lectures, SGS's and Chapter Book from my studies at BPP. This is aimed at students who want to use it as a revision guide and a layout of what is to be expected at BPP University for a distinction.
Bodies involved in immigration control
Home Office and the Secretary for the Home United Kingdom Visa Immigration (UKVI)
Department (SSHD)
They manage border and control migration
through enforcement and customs regulations
i.e., legislation and immigration rules
First-tier Tribunal (Immigration and Asylum Chamber) The Upper Tribunal (Immigration and Asylum
Chamber)
An independent body that deals with appeal A superior court dealing with appeals against
decisions made by SSHD or UKVI. FTT.
Special Immigration Appeal Commission
Deal with cases which the SSHD claims are national
security or public interest issues.
Who needs leave (permission) to enter or remain in the UK?
➔ Any person who does not have the right to abode will require leave (permission) to
enter the UK – s.3 IA 1971
What is leave to enter or remain?
Leave (permission) can be:
➔ Limited in duration with or without conditions
➔ Indefinite for a period with or without conditions
What is the difference between Indefinite Leave to remain and entry?
➔ Leave to enter is granted to a person who is outside the UK
➔ Leave to remain is granted to a person present in the UK
Note: both are not limited in time or conditions, but they are subject to immigration
controls and may be subject to deportation action in certain circumstances.
Where does Immigration Control take place?
➔ Overseas (before entry to the UK application is sent for entry clearance to Embassy or
High Commission for entry clearance)
➔ At Port (when you arrive in the UK you apply to Immigration Officers for leave to enter)
➔ Within the UK (after entry, you request to remain in the UK to the immigration
caseworker of the UKVI)
Entry Clearance:
➔ Definition: when you make an application to the Offices at British Embassy or High
Commission or UKVI online.
➔ The UK requires Visa National Countries to request entry clearance before they
travel to the UK – find in Appendix V: Visa National List (p.361)
➔ For those who are not listed, they can travel to the UK for 6 months or less without
seeking entry clearance before they travel. They can apply either at port or overseas.
What is the procedure for entry clearance?
1. Application on Visa Application Centre (VAC) website
2. Supporting evidence/documentation
, 3. Fee
4. Attend the VAC meeting
5. Pay Immigration Health Service Charge (where necessary)
6. Provide biometric data under s.14 IA 2012 for criminal and security purposes
What is an application refused?
➔ If the Entry Clearance Officer rejects the application, it can be reviewed by an Entry
Clearance Manager
➔ If the decision is the same, the individual will be told about his right to Appeal.
Seeking Leave (permission) to enter the UK (Outside UK application)
➔ Those who come to the UK without prior entry clearance will be subjected to the
Immigration Officer & Chief Immigration Officer’s decision
➔ They are able to request to remain for 6 months or less but prove that they intend to
leave after the period.
What happens if an application for leave to enter is refused?
➔ The applicant will be informed about the refusal and will only have the right to appeal
in certain circumstances.
Leave (permission) to remain
➔ Applications for leave (permission) to remain are dealt with by the UKVI which can grant
permission in accordance with the Immigration rules.
➔ Applications to extend/vary leave (remain) must be made through a prescribed
application form where a fee must be paid and an NHS surcharge is payable.
➔ If an extension to leave (remain) is requested during an existing leave (remain) then
they cannot be kicked out.
➔ If the extension is requested but the individual’s leave (remain) expires whilst waiting,
then they will remain until a decision on the application is made.
➔ Overstayers will be subject to immigration enforcement action to leave the UK.
What if they refuse to Leave to remain?
➔ Depending on the application, the client may have the right to appeal to the Tribunal.
But, right of appeal may only exist if asylum or human right issues are raised.
NOTE:
o Embassy – Non-Commonwealth diplomatic mission
o High Commission – UK Commonwealth Diplomatic Mission
, Legal Advice and Appeals Funding
Option 1: Client pays for all the work completed themselves
Private funding
Option 2: Legal Aid, Sentencing and Punishment of Offenders Act 2012
Public funding Legal Aid funding is only available to:
o Asylum
o Detention
o Victims of Trafficking
o Domestic Violence Victims
o Forced Marriage cases
o Protection of a child
o Special Immigration and Appeals Commission
A firm must have a Legal Aid Accredited contract. Staff must have a Legal Aid Agency
Accredited to carry out work.
Legal Help Scheme – Offers financial support for appeal hearings against the Home
Office/UKVI or SSHD and bail (anything related to the Home Office). A fully completed
Legal Help Form (CW1) must be signed and submitted. The representative will test both
the:
➢ Means – Can you afford it?
➢ Merit (Sufficient Benefit Test) – would a privately paying client pay for these
circumstances? – Low threshold
The scheme is subject to financial limits according to the type of case. Most schemes
are under a guaranteed fixed fee scheme which limits the number of profit costs a firm
can claim.
Controlled Legal Representative (CW2 Form)– Available for representation before an
Appeal & Tribunal at asylum appeals and bail applications.
➢ Means – can you afford it?
➢ Merits – Representative must be satisfied that there is reasonable prospect of
success (50% change of success) – higher threshold
PCR – Your client should be aware of the fees and prices at all times.
, SGS 1 Activity 1 Structure:
1. Identify the relevant Criteria of the Immigration Rules
2. Place: where do you make the application (High Commission / Embassy or Port)
3. Time: When do you need to make it?
4. Application form
5. Supporting evidence
6. Fee
SGS 1 Activity 2 Structure:
1. Identify the relevant criteria of the immigration rules
2. To whom would an application be made to? Identify the location and status of the
office that would deal with the application
3. What is the procedure
4. How long would the application take
5. Name useful sources of legal information of an application
SGS 1 Activity 3 Structure:
1. To whom is this application made?
2. What procedural requirements are entitled in the application?
3. What would be the consequences of Mary failing to make an application prior to her
leave to remain expiring?
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