CLT overview

Question 1

List of Home Office application forms

Answer 1

FLR(DL) - person who was refused asylum
FLR(AF) - HM Forces
FLR(LR) - long residence
FLR(M) - partner or dependent child
FLR(FP) 
FLR(IR)
FLR(HRO)
FLR(P) - child of refugee
FLR(S) - stateless person

SET(DV) - victim of DV
SET(F) - child under 18
SET(LR) - long residence
SET(M) - partner of person in UK and settled here
SET(O) - various immigration categories
SET(P) - refuge

DDV concession

EEA(QP) - registration certificate as a QP
EEA(FM) - registration certificate or residence card for FM
EEA(PR) - document certifying permanent residence
EEA(EFM) - registration certificate or residence card for extended family member

Question 2

2019 fees

Answer 2

Applications from outside UK:
Settlement £1,523
Settlement (other dep rel) £3,250
Settlement (refugee dep rel) £388
Visit visa: < 6m £95, <2y £361, <5y £655, <10y £822
Other visa £516

Applications from within UK:
ILR £2,389
LTR (other) £1,033
Visitor extension £993
Naturalisation £1,330

Question 3

Fee waiver policy

Answer 3

Applicants who can apply for a fee waiver: 10y partner, parent or PL route; 5y partner in receipt of benefits (fin req - adequate maintenance); 5y parent (fin req - adequate maintenance); apps based on Art 3; apps based on ECHR where rights are the substantive basis on the app; extension of LTR where applicant was refused asylum or HP, granted DL; extension of DL for VoT

Applicants who cannot apply for a fee waiver: apps on non-human rights grounds, apps on 5y partner route that require the MIT to be met, apps for ILR

Qualifying for a fee waiver: destitute, would be rendered destitute (and fin circs will not change within a reasonable period), or exceptional circs. Destitute = either do not have adequate accommodation or any means of obtaining it, or cannot meet essential living needs. Reasonable period = not usually exceed extant leave

Assessing the application: full details of fin circs for prior 6m - bank statements and monthly I&E

Appendix 1

Nb applies to fee and IHS

Question 4

IHS guidance

Answer 4

Need to pay IHS: non-EEA nat, applying for visa to come to UK for <6m (if outside UK), or making app to stay in UK for any length of time (except ILR)

Need IHS reference number only: child under 18 taken into care by LA

Don’t need to pay IHS or get ref no: applying for ILE/R, FM of EEA nat with EU treaty rights, asylum or HP, VoT with CG decision, DDVC, Art 3 rights.

£400 per year (or £300/y for student visa or Tier 5 YMS)

Question 5

Exceptional case funding

Answer 5

LASPO 2012, s 10: exceptional case determination = determination that failure to provide legal services would be a breach of the individual’s Convention rights

Question 6

LASPO 2012, sch 1 pt 1

Answer 6

Civil legal services provided to an individual in relation to an app for ILR on grounds of DV

Services re rights to enter/remain arising from Refugee Convention, Arts 2 or 3 ECHR, Temp Protection Dir, or Qual Dir

Accommodation under s.4 or 95 IAA 1999, s 17 NIAA 2002 (destitute asylum seekers)

Victims of trafficking (positive RG and no CG yet, or positive CG)

Question 7

Eligibility for LH and CLR

Answer 7

Gross income

Question 8

Part 1 IR

Answer 8

18. Returning residents: may be admitted for settlement if when left had ILR, has not been away for > 2y, and did not receive assistance from public funds to leave

20A. Non-lapsing leave: LTE/R will normally lapse on holder going outside CTA. However, under art 13 of the Immigration (LTE and R) Order 2000 leave will not lapse where it was given for a period > 6m, or where it was conferred by an EC (other than a visit visa)

23A. Leave to enter for up to 6m may be granted on arrival to non visa nationals seeking entry for purpose for which prior EC is not required

34. How to make a valid application for LTR

39E. Exceptions for overstayers. App made within 14 days of expiry, and there was a good reason beyond the control of the applicant or their rep.

Question 9

Part 9 IR

Answer 9

Grounds on which EC or LTE is to be refused / should normally be refused (DO, imprisonment 4y etc, false reps re app, overstaying, deception (5y or 10y ban))

Grounds on which LTE/R is to be cancelled at port or while the holder is outside the UK (change in circs, false reps re app)

Grounds on which LTR is to be refused / should normally be refused

323: Grounds on which LTE/R may be curtailed

Question 10

EEA 2016

Answer 10

reg 10 family member who has retained right of residence

reg 17 issue of registration certificate
reg 18 issue of residence card

reg 32 person subject to removal

Question 11

Procedure for claiming asylum

Answer 11

Screening interview (photographed, fingerprints, interview)

Given ARC and SAL (standard acknowledgment letter), or be detained

Usually won’t be detained if child, elderly, family with children, pregnant, accepted as VoT, independent evidence of torture, mental or physical condition that can’t be managed in IRC.

Reporting meetings

Question 12

Fresh claim

Answer 12

Submit in person to Further Submissions Unit (FSU) in Liverpool

Question 13

s8 AITCA 2004

Answer 13

In deciding whether to believe a statement made in relation to a HR or asylum claim, DM shall take into account as damaging credibility:
behaviour designed or likely to conceal info, to mislead, or to obstruct or delay the resolution of claim or taking of decision

failure without reasonable explanation to produce passport
production of document which is not a valid passport as if it were
destruction or disposal of passport or ticket
failure to answer question
failure to take advantage of a reasonable opportunity to make an asylum claim or HR claim while in a safe country

Question 14

Asylum support

Answer 14

IAA 1999
s4(2) support for failed asylum seekers
s95 support for destitute asylum seekers and dependents
s98 temporary support while decision under s95 being made
s122 if a family with a child under 18 are eligible for s95 support, they cannot receive s 17 CA support - they must apply for s95 support.

s 55 NIAA 2002
The SoS may refuse to provide asylum support is the claim for asylum was not made as soon as reasonably practicable after arrival in UK. But, not if this would cause a breach of a person’s Convention rights.

s 17 Children Act 1989
LA has duty to safeguard and promote welfare of children in their area who are in need by providing services. May provide service for family if this is with a view to safeguarding or promoting the childs welfare

s20 Children Act 1989
LA shall provide accommodation for child in need

Care Act 2014, ss18-20
Duty and power to meet adults needs for care and support
s21 - may not meet needs for care and support of adult to whom s115 IAA 1999 applies, and whose needs for care and support have arisen solely because destitute

Question 15

HRA 1998

Answer 15

s 6: unlawful for public authority to act in a way which is incompatible with a Convention right

Question 16

Stateless

Answer 16

401: stateless person = satisfies the requirements of Article 1(1) of the 1954 United Nations Convention relating to the Status of Stateless Persons, as a person who is not considered as a national by any State under the operation of its law

403: requirements for LTR:
…
(c) has taken reasonable steps to facilitate admission to their country of former habitual residence or any other country but has been unable to secure the right of admission; and
(d) has obtained and submitted all reasonably available evidence to enable the Secretary of State to determine whether they are stateless or whether they are admissible to another country under the meaning of paragraph 403(c);
(e) has sought and failed to obtain or re-establish their nationality with the appropriate authorities of the relevant country; and
(f) if, in the case of a child born in the UK, has provided evidence that they have attempted to register their birth with the relevant authorities but have been refused.