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(FULLY BOOKED) WEB 1071 Indefinite Leave to Remain: 10 Years’ Continuous Lawful Residence

Event | Training

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?

9:45-10:00 Registration
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
11:30-11:45 Break
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
 

Details

Date:
February 9
Time:
10:00 am - 1:00 pm
Event Tags:
Tutor details:
Zoe Bantleman and Alex Papasotiriou, Richmond Chambers
Tutor biographies:
Zoe Bantleman is a practising barrister at Richmond Chambers. Her practice covers a wide spectrum of advisory work, drafting and advocacy involving all aspects of UK immigration, nationality and asylum law.

She has extensive experience in complex private and family life applications and in all aspects of immigration for businesses and skilled individuals under the Immigration Rules. She regularly challenges decisions by preparing appeals for human rights and asylum claims and applications for administrative and judicial review, with specific interest in challenging deception allegations against migrants and prospective visitors, sponsor licence revocations and claims deemed to be repeats or certified as clearly unfounded.

She frequently writes about changes to the UK’s immigration law system and provides commentary on key cases. She is a contributing author to both Practical Law and LexisNexis. She is also an editorial board member of the Journal of Immigration, Asylum & Nationality Law. Zoe has previously taught our webinar on How to Prepare Fresh Asylum and Human Rights Claims.

Alex Papasotiriou is an immigration barrister at Richmond Chambers. Alex advises, prepares applications and represents clients in appeals and judicial review proceedings in relation to all matters of UK Immigration & Nationality law.

Particularly, Alex is regularly instructed in human rights challenges involving children, adult dependants and/or medical or suitability issues. He also specialises in both EEA and non-EEA deportation appeals and deception cases, from deprivation of citizenship appeals, to judicial review claims against revocation of ILR and tax-related suitability issues. Alex further advises and assists in complex British nationality matters, such as historic Commonwealth cases requiring family status tracing, or cases involving adoption or surrogacy.

Alex authors articles and opinions on a variety of matters relating to UK immigration and nationality law. His case notes have been published in ILPA Monthly and the Journal of Immigration, Asylum and Nationality Law.
Price:
Concessionary Training Prices: £50
Member Training Prices: £100
Non Member Training Prices: £180
CPD Hours:
3
Venue:
Zoom
Aim of Course:
To provide attendees with an understanding of the Rules, the Policy Guidance, and the recent landscape of case law in relation to long residence, and to provide practical guidance as to the preparation of applications and appeals raising long residence (paragraph 276B of the Immigration Rules). 
Spaces Left:
24
Level:
Intermediate
Audience:
Advisors, solicitors and barristers intending to advise, prepare and represent in applications and/or appeals regarding indefinite leave to remain on the basis of 10 years continuous lawful residence.
Methods:
Webinar with case studies/group discussions
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