Immigration November Update

Non-EEA extended family members rules tribunal –appeal rights

In the case of Sala (EFMs: Right of Appeal : Albania) [2016] UKUT 411 (IAC) the Upper Tribunal has ruled that there is no statutory right of appeal against a decision by the Home Office to refuse a residence card to a person claiming to be an extended family member. This applies to unmarried partners, other family members and grandparents.

The above means that all current appeals by this category will now have to be rejected by the tribunal as invalid. No further such appeals should be lodged or attempted. Instead, those unhappy with decisions by the Home Office will need to pursue an application for judicial review. This could prove costly and time consuming.

Government goes back on immigration tribunal fee hike

In a surprising but very welcome development, the Government has reversed the substantial increase in fees for immigration appeals which took effect on 10 October 2016.

Fees will be charged at the current rates and those who have paid the higher fees in the last few weeks will have their payments refunded.

The fee increases were due to hit EU nationals and their family members very hard given the number of immigration appeals likely to be generated by the flood of permanent residence applications generated by Brexit.

The government have however suggested that there will still be some sort of increase but not on such a frightening scale.

Please speak to our Immigration specialist Alvyn Kee on 020 7998 7777 or email him at for more information.


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