Legal Gateway Solicitors Blog

Concession on General Grounds for Refusal

08-03-11 Posted In: Immigration

On 1st April 2008, the Immigration Rules changed.  From that date, the Rules have included mandatory bans on returning to the UK for people who have breached UK immigration law in certain ways.

Since the changes were first published, the Government has made important concessions. 

Time Limited Exemption from Re-entry Bands

In order to encourage those in the UK at that time in breach of Immigration Law to leave the United Kingdom voluntarily, the then Minister of State confirmed that anyone who was in the UK on 17th March 2008 and left the UK voluntarily before 1st October 2008 would not face a mandatory re-entry ban.

Joining Family Who Are Settled in the UK

On 13th May 2008, it was announced that anyone who is applying under the Rules to join a family member who is settled in the UK will not face a mandatory refusal because of a re-entry ban.  This covers:-

• Those applying to joint a spouse, civil partner, unmarried or same sex partner;
• Fiancees or proposed civil partners;
• Parents, grandparents or other dependent relatives;
• Those seeking to exercise rights of access to a child;

Children

Nobody will face a re-entry ban because of breaches of immigration law that he or she committed whilst under the age of 18.

Victims of Trafficking

Nobody will face a re-entry ban by virtue of breaching immigration law in the event that they can establish that they are a victim of trafficking.

People Granted Leave to Enter or Remain in the UK

It has been confirmed with anyone who is granted leave to enter or remain in the UK, will not face a re-entry bank for any breach of immigration law before they were granted leave to enter or remain in the UK, provided that the leave was granted in knowledge of the breach.

General Considerations

Just because a person is exempt from the new re-entry bans, does not mean that he or she will be guaranteed a right to return to the UK.

Even if someone is exempted from a re-entry ban because of a concession, he or she may be refused an application to return to the UK if:-

• He or she does not satisfy other requirements of the Immigration Rules;
• If he or she has “contrived in a significant way to frustrate those Rules”

Human Rights

Even where a re-entry ban applies that would prevent someone from returning to the UK, this does not prevent that person from making an application to come to the UK on the basis that refusing their application would breach their human rights.

It is imperative that persons who have breached immigration law during the course of their stay in the United Kingdom obtain legal advice prior to submitting any further applications to enter or remain in the UK.

Applying for Settlement

02-02-11 Posted In: Immigration

From 2nd April 2007, the Home Office has required adults applying for settlement in the UK to provide evidence of their knowledge of both:

• English language
• Life in the UK

Sufficient knowledge of English language

There are two ways to demonstrate sufficient knowledge of English language and life in the UK.  They are alternatives, a person will not have to do both:-

• Someone whose standard of English is at or above ESOL (English for Speakers of Other Languages) Entry 3 will need to take a ‘Life in the UK Test’
• Someone whose standard of English is not at that level will need to undertake an approved ESOL course, which includes citizenship material

The Life in the UK Test

Information can be found at http://www.lifeintheuktest.gov.uk.  The Home Office states that if a person can understand the information given on this website, their English should be good enough to take the test.  Addresses and contact details of test centres, where the test may be taken, can be found on the same website.  Alternatively, there is a telephone helpline 08000154245.  Information on the website applies to both British citizenship and indefinite leave applications.  The fee for the test is currently set at £34.  A person should be able to take the test within one month of asking the centre but times may vary between centres. 

Please note however that not all applicants have to satisfy these requirements. 

There are various categories of people who are exempt from proving their knowledge of language and life in the UK.

Unless you are exempt, if you apply for permanent residence and cannot meet this requirement, your application will be refused and considered as an application to extend your temporary permission to stay in the UK.  The Home Office previously advertised this arrangement as coming to an end on 31st January 2008.  This arrangement has, however, been extended and we will advise you as to when the arrangement will end.

A word of caution.  If your temporary permission to stay in the UK will expire before you can obtain the necessary knowledge of language and life, you should apply to extend it.  Otherwise you will remain in the UK.

We at LGS will be able to advise you as to whether:

1. you have to satisfy the requirement; and
2. the manner in which you can demonstrate satisfaction.