Immigration Law 2021

Book excerpt: Immigration Law is a straightforward, up-to-date and practical introduction to this changing area of law. After a short, practical introduction in Chapter 1 (which includes a list of useful websites), the book deals with British nationality and the right of abode in the United Kingdom in Chapter 2. This is followed by a detailed analysis of immigration controls in Chapter 3. The pre-Brexit immigration status of EU and EEA nationals and their family members is considered in Chapter 4, along with how a family member of a British citizen who has engaged Treaty rights might currently use EU rather than domestic law to enter the UK. Details of the EU Settlement Scheme in Appendix EU of the Immigration Rules are included. The next four chapters address the key immigration categories of entry to the UK, including chapters on visitors, students under Tier 4 of the points-based system and employment under Tier 2. Asylum seekers and refugees are considered in Chapter 9. Enforcement of immigration law, the appeals system and judicial review applications are dealt with in the last three chapters. The appendices contain key resource documents such as the Immigration Rules, the Immigration (EEA) Regulations 2016 and materials on the points-based system.This new edition includes developments in registration and naturalisation, electronic passport gates; extensions and refusal of leave; the Windrush Scheme; Immigration Health Surcharge; evidential flexibility for the points-based system; EU Settlement Scheme; the new Appendix W Start-Up and Innovator categories; Appendix FM; asylum claims, deportation, removal and appeals.New cases in this edition include: R (on the application of Islam) v Secretary of State for the Home Department [2019] (deprivation of citizenship); Hameed v Secretary of State for the Home Department [2019] and Secretary of State for the Home Department v Balajigari [2019] (refusal of entry clearance); R (Ahmed) v Secretary of State for the Home Department [2019] (long residence); Tarola v Minister for Social Protection [2019] (EU worker); KV (Sri Lanka) v Secretary of State for the Home Department [2019] and AS (Afghanistan) v Secretary of State for the Home Department [2019] (asylum); Secretary of State for the Home Department v PF (Nigeria) [2019] (ECHR Article 3); The Senior President in EYF (Turkey) v Secretary of State for the Home Department [2019] and AM (Somalia) v Secretary of State for the Home Department [2019] (deportation); Robinson v Secretary of State for the Home Department[2019] and UT (Sri Lanka) v Secretary of State for the Home Department [2019] (appeals).