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The focus of this course will be on providing an overview of the legal framework for indefinite (and limited) leave to remain on the basis of 10 years of continuous lawful residence. The Webinar will cover practical tips in advising on and preparing these indefinite leave to remain applications and appeals.
Recent case law in Juned Ahmed, Masum Ahmed and most recently Hoque & Ors has made continuous lawful residence a difficult area on which to advise. This Webinar will bring the audience up to date on the import of the recent Court of Appeal case law and explain the distinction drawn between previous and current overstaying for applicants and appellants.
The effects of section 3C of the Immigration Act 1971, including when it is engaged and when it has come to an end, are crucial to understanding whether an applicant or appellant has continuous lawful residence. Additionally, understanding how the exception to overstayers in paragraph 39E can affect whether an applicant can meet the requirements for continuous lawful residence is also important. Both of these areas of law will be covered in the Webinar.
The Home Office policy guidance document titled Long Residence provides for the exercise of discretion where breaks in continuous or in lawful residence occured due to compelling or exceptional circumstances. The Webinar will explore the manner in which the existence of such circumstances can be argued and demonstrated.
The Webinar will also run through common scenarios that the tutors have come across in practice in preparing these applications and appeals, and provide an overview of the process including the fees and timeframes.
Topics to be covered include:
● When is the earliest an applicant can apply?
● What evidence should be included in an application?
● Has section 3C extended leave?
● When is there a break in lawful residence?
● Is the residence continuous?
● What is the effect of paragraph 39E for a long residence application?
● Should discretion be exercised over excess absences or breaks in lawful residence?
● How are the general grounds for refusal relevant?
● What application should family members make?
● How has recent case law changed the interpretation of the Rules?
● Can long residence be relied on as a new matter in an appeal?
● What other grounds should be raised in a long residence appeal?
● What evidence should be included in an appeal?
10:00-11:00 Part 1 – Rules, Guidance and Case Law, in particular discussing section 3C of the Immigration Act 1971 and paragraph 39E of the Immigration Rules
11:00-11:30 Case studies on advising clients and group discussion
11:45-12:15 Part 2 – Application Preparation Process and Tips
12:15-12:45 Part 3- Appeal Preparation Process and Tips
12:45-13:00 Group Discussion and Q&A