Legal Updates

20 April 2018

Will Windrush help reset attitudes to immigration?

‘Positive, welcoming, liberal, forward-looking’. This is how Michael Gove summarised the Government’s approach to immigration only this week. Did he not get the Windrush memo? Immigration lawyers, human rights organisations and migrant communities have for years now tried to draw attention to the dangerous impact of the Government’s policy of establishing a ‘hostile environment’. However public discussion of immigration has instead focused on net migration figures and linking immigration to crime and a crisis in public services.  There has been publicity about successful appeals against deportation and doubts over the true age of asylum seeking children.

Katie Newbury

10 April 2018

International surrogacy - the legal challenges for US nationals bringing a surrogate child to the UK

Surrogacy as a way of having a family is often talked about more openly in the US than in the UK. As a consequence, people’s knowledge and understanding of the process differ greatly. In some US States, such as California, surrogacy is a mature industry in which surrogacy arrangements are well regulated and contracts (where a surrogate agrees to carry a child for intended parents for payment) are enforceable. However, documents or agreements which purport to be a surrogacy contract are not enforceable in the UK.

Connie Atkinson

10 April 2018

UK Immigration Authorities complete a ‘180’ on absences from the UK

Since 13 December 2012, Americans coming to the UK with a visa issued under one of the popular ‘Points Based System’ categories, have been allowed to spend up to 180 days outside the UK in each 12 month period and still qualify for indefinite leave to remain at the end of five years. This 180 day period was calculated by looking back at each fixed 12 month period in the five years leading up to the date the applicant applied for indefinite leave to remain. Unfortunately, a change to the Immigration Rules which came into effect on 11 January 2018, has thrown this careful planning into disarray. The 180 day limit is now to be applied to a rolling 12 month period. This new calculation is also to be applied retrospectively and will impact anyone who applies for indefinite leave to remain after January 2018.

Katie Newbury

19 December 2017

The pitfalls of employee immigration status

What can employers do if they discover a staff member’s status is not what it appeared? Richard Fox and Marcia Longdon report in light of a recent Employment Appeal Tribunal ruling.

Richard Fox

8 November 2017

#Brexit: Latest proposals for EU citizens living in the UK

The British government has published a technical note setting out its proposed administrative procedures for EU citizens living in the UK – and their family members – who want to stay on after Brexit. 

Kim Vowden

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