Garden Court Chambers
12 Experts
9 Contributions by Garden Court Chambers Experts
PRACTICE NOTES
This Practice Note
This Practice Note explains the administrative removal regime as amended by the Immigration Act 2014, identifying who is and is not subject to removal and the destinations to which removal may occur. It also sets out the considerations to be weighed when deciding on removal and the extra safeguards that apply in family situations. Further amendments to removal notices were introduced by the Nationality and Borders Act 2022 (NBA 2022), although not all provisions are currently in force. For additional context, see News Analysis: Nationality and Borders Act 2022—summary for non-asylum practitioners. From 20 November 2023, the process and deadlines for removal notices have been put on a statutory footing, ordinarily requiring a five-working day notice period, which remains effective for 21 days where a first removal attempt fails for reasons beyond the Home Office’s control (see below). As enacted, NBA 2022 also
Immigration
PRACTICE NOTES
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED.
This note reflects the law as at 30 June 2018. From 1 July 2018, restrictions on UK labour market access for Croatian nationals were removed, and therefore worker authorisation requirements and any exemptions ceased to apply from that date.
Croatia became a member of the EU on 1 July 2013. The Treaty of Accession of Croatia 2011 allowed the UK to limit Croatian nationals’ access to the labour market for up to seven years from accession, so long as the conditions were no more restrictive than those in force at the date the treaty was signed (9 December 2011). Moreover, if the UK later brought in relevant measures for non-EEA nationals that were more favourable than those at the signature date, these had to be extended to Croatian nationals. The UK elected to apply labour market
Immigration
PRACTICE NOTES
IMPORTANT NOTICE : THIS PRACTICE NOTE HAS NOW BEEN ARCHIVED.
This note sets out the position as at 30 June 2018. From 1 July 2018, limits on Croatian nationals’ access to the UK labour market were removed; accordingly, worker authorisation rules, and any exemptions, no longer applied from that date.
On 1 July 2013, Croatia acceded to the EU and, by extension, to the European Economic Area (EEA). The treaty governing the Republic of Croatia’s accession to the EU (the Accession Treaty) was signed in Brussels on 9 December 2011 and was adopted in Brussels on 16 May 2012.
As with other EEA nationals, Croatian nationals do not need leave to enter or remain in the UK. Under the terms of the Accession Treaty, member states may depart from EU free movement rules to manage access by Croatian nationals to their domestic labour markets for up to five
Immigration
PRACTICE NOTES
This Practice Note
This Practice Note reviews the process and requirements for lodging applications for settled and pre-settled status under the EU Settlement Scheme (the Scheme). It addresses:
the need to make and submit a ‘valid’ application
detailed procedural steps for seeking immigration permission via the Scheme (for European Economic Area (EEA) citizens and non-EEA citizens, from inside and outside the UK)
the Home Office’s ‘EU Exit: ID Document Check’ app
the evidential standards and proofs (covering proof of identity and nationality, residence, and extra documents required for family members)
formal authority for a legal representative to liaise with the Home Office in relation to the application
the ongoing obligation to keep the Home Office updated regarding specified details following the grant of leave
The Practice Note also outlines the application route for family permit
Immigration
PRACTICE NOTES
What is housing benefit?
Housing benefit has traditionally been the support scheme to help people on limited incomes meet their rent. It is now largely superseded by the housing costs element within Universal Credit (UC). Most working-age people can no longer make a fresh claim for housing benefit. Nonetheless, it still applies to two sets of claimants:
(a) those over pension age
(b) those living in ‘specified’ or ‘temporary’ accommodation
Eligibility for housing benefit
Entitlement is assessed by looking at the rent due and the claimant’s income and capital (savings, property and investments). Housing benefit can be awarded to people who:
pay rent
are on a low income, and
hold capital under £16,000, although for recipients of certain means-tested benefits, including the guarantee credit of pension credit, capital is disregarded
Personal factors matter (such as the age and number of dependants, ownership of additional property, and other income received like
Local Government
PRACTICE NOTES
The process permits the removal of a non‑British citizen from the UK and prevents their lawful return. Authority to deport is contained in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). These provisions provide the legal framework for such action.
A deportation order has several consequences:
it compels the person to leave the UK
it automatically cancels any leave to enter or remain—whether granted before the order is made or while it stays in force
it bars the person from re‑entering the UK unless, and until, the order is revoked
The deportation process must be distinguished from administrative removal (see Practice Note: Administrative removal). Some deportation decisions give rise to a right of appeal. In other instances, the sole legal challenge may be by way of judicial review. For
Immigration
PRACTICE NOTES
This Practice Note examines the power of immigration bail
This Practice Note explores immigration bail as the sole mechanism of release, effective from 15 January 2018, for individuals subject to detention and those liable to be detained under immigration powers in particular where relevant. For guidance on liability for detention and related Home Office policies, see Practice Note: Immigration detention. The purpose here is to outline immigration bail; it does not, for instance, address the inherent jurisdiction of the High Court or Court of Appeal to grant bail, nor the bail jurisdiction of the Special Immigration Appeals Commission, as detailed analysis of those subjects currently falls outside the scope of Lexis+® UK. The majority of the bail provisions in Schedule 10 to the Immigration Act 2016 (IA 2016) commenced on 15 January 2018. For details of provisions not yet in force, refer to
Immigration
PRACTICE NOTES
Immigration advisers and service providers in the UK are subject to regulation.
Generally speaking, immigration advisers without legal qualifications must be registered and follow the standards set by the Immigration Advice Authority (IAA). Before a name change on 16 January 2025, the IAA was known as the Office of the Immigration Services Commissioner (OISC). Those advising within an organisation properly overseen by a designated professional body, or a designated qualifying regulator (see below), do not presently have to register with the IAA. Registration requirements were brought in amid worries about the standard of immigration advice in the UK. Where an adviser fails to act in a client’s best interests, the impact on that client can be very severe. In R (Nori) v Secretary of State for the Home Department (SSHD) the court decided that the applicant could not be excused simply because his
Immigration
PRACTICE NOTES
The right of abode—status
The right of abode in the UK is an immigration status. It lets a person reside here and to enter and depart the UK freely, save for steps needed to confirm the right or any other lawfully imposed limits.
Such limits may include:
being required to present a passport when seeking entry to the UK
refusal of entry if unable to produce a relevant UK passport
refusal of entry if unable to show a certificate of entitlement on arrival
being made subject to a temporary exclusion order, whether or not a permit to return has been issued
Someone with the right of abode is not subject to immigration control in the UK. Section 2 of the Immigration Act 1971 grants this right to all British citizens. Certain Commonwealth citizens who possessed the right of abode in the UK before 1983 retain it on and after that date,
Immigration
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