If you are detained in immigration detention, whether that is in an immigration detention centre, or in a prison, you can apply for bail. This blog looks mainly at the procedure for making a bail application and how that will be considered by the court. You can see our other blogs for details of best … Continue reading How to apply for bail?
Write a written objection The first stage in dealing with a civil penalty that’s been issued is to write a written objection to the Home Office, this must be done within 28 days of issuance of the civil penalty notice. The objection can be because the employer feels that there is no liability at all, … Continue reading How to deal with a civil penalty for employing illegal workers: Part 2
Examining the Restricted Leave Policy R (on the application of MBT) v Secretary of State for the Home Department (restricted leave; ILR; disability discrimination)  UKUT 414 (IAC) a Judicial Review application in the Upper Tribunal, considered whether the Secretary of State’s ‘Restricted Leave Policy’ engaged Article 8 ECHR and to what extent it should be … Continue reading Case Law Update: Disabilities, Female Students, False Imprisonment and Afghan Sikhs
This blog considers the civil penalties for employing illegal workers, although there are also criminal penalties for knowingly employing an illegal worker. If an employer is prosecuted under criminal penalties, then they can also be subject to a civil penalty. Section 15 of the Immigration, Asylum and Nationality Act 2006 gives power to the Secretary … Continue reading How to deal with a civil penalty for employing illegal workers: Part 1
Section 21 Immigration, Asylum and Nationality 2006 makes it an offence for an employer to employ anyone knowing or having reasonable cause to believe that they are a ‘disqualified person’. What is a disqualified person? A disqualified person is: a person who has not been granted leave to enter, or leave to remain in the … Continue reading What to do if you’ve employed a disqualified person
What are the current rules? The British Nationality Act 1981 governs when a person can apply for British citizenship. If a person is married to a British national, they can apply as soon as they are free of immigration time restrictions and they’ve been resident in the UK for at least three years. That means … Continue reading How the EU Settlement Scheme impacts your naturalisation application
As well as primary legislation referred to in part one of ‘sources of immigration law’ there are many pieces of secondary legislation which have relevance. The most obvious relevant piece of secondary legislation of the Immigration Rules. Immigration Act of 1971 The Immigration Act 1971 gives the Secretary of State the power to present statements … Continue reading Sources of immigration law Part 2
Immigration law is a complex area of the law. There are 16 main statutes (some of which are referred to below) as well as the Immigration Rules, which has a quasi-legal status and is written about in part 2, as well as statutory instruments, procedural rules and regulations and Home Office guidance. There is also … Continue reading The main sources of immigration law and their hierarchy Part 1