Cranbrook Legal's Blog

Asylum is a complex area of law which in today’s times is causing debates not only across the country but around the world.  This Article aims to help those who are thinking about claiming Asylum in the UK but are unsure as to what steps they need to take in order to process their claim. What is Asylum? Asylum is where the State (the UK for the purposes of this Article) protects a foreign national who has fled their home country because they fear for their life if they are forced to return there.  In law, this is covered by the 1951 Geneva Convention which sets out the basis for claiming Asylum, the rights of the Applicant and the responsibilities of the State.   Under the 1951 Geneva Convention, a Refugee is defined "as a person who owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his Nationality and is unable or, owin...

The Home Office have recently updated their guidance (January 2019) on British Citizenship Applications relating to their policy on the Good Character requirement .  The change in Policy relates specifically to those who have previously overstayed their stay in the UK. Essentially, the Home Office stance on overstaying is that if there is such a period within the last 10 years, an application for British Citizenship will be refused. In certain circumstances, the Home Office will look past a period of overstaying if one of the three circumstances below apply: • the person’s application for leave to remain was made before 24 November 2016 and within 28 days of the expiry of their previous leave, or • the person’s application for leave to remain was made on or after 24 November 2016, and the application did not fall for refusal on the grounds of overstaying because an exception under paragraph 39E of the Immigration Rules applied, or • the period without leave was not the fault ...

The Court of Appeal has found Home Office stance on applying the controversial use paragraph 322(5) of the Immigration Rules to refuse settlement to migrants as “legally flawed”. The Court of Appeal reviewed 4 linked appeals against the Home Office decision and all 4 appeals were decided against the Home Office with a recommendation of a major overhaul to make refusals under paragraph 322(5) legal. The appellants in each case have challenged decisions made by the Upper Tribunal (Immigration and Asylum Chamber). The Upper Tribunal had upheld decisions by the Home Office to refuse their applications for settlement under the “Points-Based System”.  The Home Office refusal in each case was on the basis of paragraph 322 (5) of the Immigration Rules, which applies where it is “undesirable” to permit an applicant to remain in the UK “in the light of his conduct … character or associations or the fact that he represents a threat to national security”. It contended that it had...

Empire Windrush was the name of the ship that brought West Indian migrants to the United Kingdom in 1948. Windrush now will be the name of the 2018 Political scandal, which shocked the world. An estimated 63 immigration cases approved and allowed the deportation of individuals from the United Kingdom who should have had leave to remain, or even British nationality.  The British Nationality Act 1948 gave citizens of the United Kingdom and Colonies the right to settle in the UK. This right was afforded to anyone who was born in a British Colony. Nearly half a million people from the Caribbean moved to Britain. Those individuals had a legal right to enter the United Kingdom, so they did not need any documentation when entering the United Kingdom. In 2018 a campaign from Caribbean diplomats, charities, Parliamentarians and some help from the guardian newspaper helped expose the Home Office. A hostile environment policy which was started by the now Prime Minister Theresa May g...

The changes to Tier 1 points based system is an indication on how the United Kingdom plans to attract talented entrepreneurs and business founders from around the world. Entrepreneurs play a key role in driving economic growth, job creation and innovation. The changes to the Tier 1 (Entrepreneur) Visa route will ensure that the UK remains a world leading destination for the best of global talent. These changes come in addition to other recent reforms in the visa system, including doubling the number of visas available to 2000 on the Exceptional Talent route. The announced changes have significantly impacted the Tier 1 points based system. It replaces the Tier 1 (Entrepreneur) and Tier 1 (Graduate Entrepreneur) categories with two new visa categories: 1. Start-Up Visa 2. Innovator Visa In addition, there have also been some changes introduced to the Tier 1 Investor visa. Differences between Tier 1 Graduate Entrepreneur and Start-Up Visa: 1. The Start-...

The ECHR (European Convention on Human Rights) is an international convention that protects the human rights of people in the countries that belong to European council. UK along with all 47 states of the council signed this convention. Complete term of it is the “Convention for the Protection of Human Rights and Fundamental Freedoms”.   What is European Council? Council of Europe was formed in 1949 and is larger than & entirely separate from the EU (European Union). It consists of 47 members of states as compared to 28 members of state of EU. The United Kingdom became a member of council 24 years earlier than it joined the EU. The council membership of the UK will remain unaffected on the off chance that it left EU. The convention comprises several articles protecting basic human rights. Through the Human rights Act 1998, the UK made these rights part of its domestic law. How the Convention Came into Existence? After the Second World War in order to promote ...