DISTINCTION LEVEL Immigration law detailed notes and tutor presentation slides (Units 1-9) - 77% achieved.
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Unit 1 – Immigration Law
United Kingdom:
- Entry clearance – Do not use this term – make sure you USE VISA IN THE
EXAM! Application made outside the UK – dealing with the Entry clearance
officer (ECO)
- Leave/permission to enter – IMMIGRATION OFFICER
- Permission to leave stay/ Further leave to remain – must do so
before the expiry of their previous permission. – UK Visas and Immigration
(UKVI) e.g., only part of the Home Office.
- Indefinite leave to remain – leave without any conditions imposed on
their stay.
Who needs to apply for entry clearance?
- After you have checked the requisite client care checklist, you need to ask
for their nationalities.
- Visa national – appendix visitor – visa national list B 525.
- Non – visa nationals if travelling for more than 6 months (or less and not
as visitors). Or even to get married – need prior permission to enter.
- British nationals without a right of abode need to apply for visa before
entry but British CITIZENS won’t have impositions on their stay.
Key elements of immigration applications:
Validity requirements – need to complete the online form.
- Need to pay a fee, tuberculosis, IHS, biometrics, ID, and nationality
documents, and over age 18+
- No switching rules – one can change their immigration categories. E.g.,
visa national student to enter UK for 2 years but then got married to a
British citizen and wants to apply for a UK spouse visa. Then person
switches to another category. But the Home Office does not allow
this. Home Office does not allow this if a visitor, therefore, the
person would need to leave the country and then re – apply. If
they switch, the application will not be refused it will be
REJECTED.
- Individual is a student and/or with dependants? Over the age 18+ to
stay in UK for longer than 6 months – pay £470. However, if the individual
is not a student – it is £624 for ALL OTHER APPLICATIONS.
Suitability requirements – ensuring that the person is a suitable one to enter
the UK and will adapt to British society. Any issues? Good character?
- According to B p.329 – grounds for refusal Part 9 of Immigration Rules.
- Mandatory (must refuse the application – criminal conviction certain
grounds) therefore advise client that their application will be refused v
Discretionary – decision maker has the discretion to allow or refuse.
- So, must be refused, may be refused, or granted!
- Must be refused – mandatory. May be refused – discretionary.
, - Unpaid debt to NHS – application MAY BE refused. Decision maker can
exercise their discretion.
- If the individual can pay the debts? Then we must encourage the client to
pay their debts and THEN apply. To ensure that the application is as strong
as possible.
- B p.579 – check the mind map.
Eligibility requirements – unique features of the application.
Appendix V
Purpose of the route?
- Business activity
- Wants to visit the UK for a period of time.
- Tourism
- Marriage visitors – not for spouses of British Citizens – appendix V
individuals just want to have a marriage ceremony here.
- Bands – attending a musical festival – permitted paid engagement visa –
not more than 1 month.
- Transit visitor – visit another country but crossing the UK border – need to
continue their journey from the airport.
Who needs to apply?
- B p.525.
- Take their name and check if the individual is on the Visa national list –
Appendix Visitor.
Immigration rules – Appendix V
Validity requirements – need to complete online form – Entry Clearance (if
outside the UK) on form apply for UK visit visa V 2.1.
- V 2.2. – Permission to stay (person already in the UK but wants to remain
longer) – Application to extend stay in the UK.
- The procedure (V 2.3) – fee, No IHS, No Tuberculosis, no surcharge.
- Need biometrics and passport/ID and nationality documents.
- To a designated post (Send to appropriate place) (V 2.4 – V 2.5) – if
permission to stay then in the UK – visitor’s visa.
Suitability requirements – outside the UK, ensure that they do not fall under
refusal under Part 9 – V 3.1.
- V 3.2 – If permission to stay – ensure that they are not in breach of
immigration laws – para 39E applies? Home Office can disregard periods
of staying – application of within no more than 14 days of expiry of their
leave and provide evidence of a good reason for not submitting (person
admitted to hospital, bereavement, sponsor failed to act in a timely
manner).
- Second exception – application refused and appealed or applied for
administrative review – 14 days after the refusal the person made a fresh
application.
, - Third exception – 2020 – covers COVID-19 exceptions – disregards period
of staying January to August 2020 will be disregarded.
Decision – V 16.1 unless Article 8 is triggered.
Eligibility requirements
- V 4.1, V 4.2 – Genuine Visitor requirement.
- V 4.3 – 3rd party support.
- V 4.4 – prohibited activities and payment requirements for visitors.
Period and conditions of grant
Under V17.1 - conditions:
- Standard visitor – 6 months
- Marriage – 6 months
- PPE Visitor – 1 month
- Transit visitor – 48 hours
V 17.3 – If permission to stay – general visitor up to 6 months cannot be
extended unless given initially for 3 months can apply for extension to 6 months.
- Private medical treatment – need letter from the doctor to see that the
individual is financially credible to stay for that period of time.
- Permitted activities visitor or accompanying partner or child up to 12
months.
- Up to 18 months if successful in the professional linguistic association etc.
Unit 2 – British Nationality and Right of Abode
Objectives:
Identify the main criteria necessary to advise whether someone: is already a
British citizen or eligible to apply to become a British citizen.
Undertake the good character requirement test.
Relevance of legitimacy
Understand the key elements of naturalisation applications.
Analyse an application for naturalisation and advised on both the merits and
the required evidence;
, S1(1) IA 1971:
- Those who have the right of abode in the UK shall be free to live in the UK.
Rights and privileges of the right of abode:
• an unconditional right to enter, live, work and study in the UK.
• an entitlement to apply for UK social security and welfare benefits
– can receive services under the NHS system.
• a right to vote and to stand for public office in the UK (conditional
upon living in the UK).
• Valid for life (unlike ILR) – there are two types of ILR – one granted
under Appendix EU for EU citizens and their family members. Then the
second one is granted for all other applicants under Immigration Rules etc
under different circumstances.
- The difference between the two ILR – when the person with ILR under
Appendix EU leaves the country, they can be away for the country for up
to 5 years and will retain their IRL. Whereas, under other provisions, they
can only be away from the country for up to 2 years.
- In addition, those with the right of abode who are not yet British
citizens may apply for British citizenship by naturalisation (or
registration for British subjects or Commonwealth citizens with British-born
mothers).
- Children born in the UK, British Crown Dependencies and British
Overseas Territories to those with the right of abode in the UK will
normally be British citizens by birth automatically.
- Difference between British citizens – ALL have the right of abode v
British Nationals – rarely have right of abode.
Right of Abode – Who has it?
- British Citizens but NOT other British Nationals
- Commonwealth citizen children born to a UK born parent.
- Commonwealth citizen women married before 1.1.83 to a man who had
the right of abode – even if the woman divorces man with right to abode –
woman will NOT lose their right of abode.
Why is this date (1.1.83) important?
- This is because this is when the British Nationality Act 1981 came
into force.
How to acquire British citizenship?
- By birth or adoption
- By registration – underage of 18?
- By naturalisation
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