Cranbrook Legal's Blog

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 ...

After months of changes, u-turn's and rumours the Home Office have announced changes to the Tier 1 visas with the changes affecting the Investor and Entrepreneur Visa routes to the United Kingdom. There are also changes to other areas of the law. Tier 1 Investor Visas In a statement from the Home Office, they announced that "Applicants will be required to prove they have had control of the required £2 Million for at least two years, rather than 90 days, or provide evidence of the source of those funds".  It is thought that these changes will help fight against those looking to illicit money flowing into the UK through the investor route. London is attractive to foreign investors for its stability, rule of law and the standard of education which consequently attracts a large sums of money from abroad. Tier 1 Entrepreneur Visas In December 2018, Caroline Nokes MP announced the scrapping of the Tier 1 (Entrepreneur) visa at the same time as introducing the Innovator visa. ...

The Supreme Court, in October 2018 gave its judgment in the conjoined cases of KO (Nigeria); IT (Jamaica); NS (Sri Lanka) and others; Pereira v Secretary of State for the Home Department [2018] UKSC 53. The decision clarifies the approach that the First Tier Tribunal should take to the question of whether a child and/or their parents should be removed from the UK in circumstances where it is claimed that this would constitute a disproportionate interference in their rights to private and family life.  these types of cases are normally considered under Paragraph 276 ADE of the Immigration Rules, Appendix FM of the Immigration Rules and applications made under Article 8 of the ECHR (Human Rights cases). Essentially, the Court held that misconduct by the parents — criminal or immigration-related offences — should not form part of the assessment of whether a child should be removed from the UK. As a result, it should also not form part of the assessment of whether Article 8 requires ...

In a recent case heard in the High Court, the Secretary of State has confirmed that Extended Family Members of EEA Nationals who have had their Residence Card refused will be granted an appeal right to have their case heard in the First Tier Tribunal. The case in question was due to be heard in May 2019 however it is reported that the Secretary of State invited the Applicant in this particular case to withdraw their Judicial Review Application with the Secretary of State expressing his intention to allow for Extended Family Members to be granted in-country appeal rights. Previously, appeal rights were granted to Extended Family Members whose applications were refused under the 2006 Regulations.  This did not however stretch to the 2016 Regulations as per Regulation 36.  Until now, an Applicant’s only remedy against a refusal would be to lodge Judicial Review proceedings against the decision.  These types of proceedings could be costly and lengthy and were limit...

From recent discussions with out clients, it has become increasingly apparent that very few of the understand how and why it came about and what it means for them in the future.  To that end, we have prepared a bitesize review of what Brexit can mean for you. What is Brexit? A referendum (a vote) in which those who were eligible to vote was held on Thursday 23 June 2016 to decide whether the United Kingdom would leave the European Union or remain in the European Union.  More than 30 million people voted,  a turn out of 71.8%. When the votes were casted, 51.9% had voted to leave. An analysis of the results indicated that England and Wales both voted to leave and Northern Ireland and Scotland voted to remain.  Ultimately, it was decided that the UK would leave the EU. On 29 March 2017, the UK Prime Minister Theresa May submitted to the EU the UK’s formal notice to withdraw from the EU via Article 50.  It is of note that in the history of ...