Upper Tribunal: Indefinite Leave to Remain Revoked

Recently the Upper Tribunal decided the case of Huang & Ors, R (on the application of) v Secretary of State for the Home Department (“No Time Limit” Transfer: Fraud) (IJR) [2015] UKUT 662 (IAC). The case concerns individuals who have previously provided false or incorrect information and who were initially refused their applications by the Home Office but later granted their Indefinite Leave to Remain status in the UK. These Migrants can then stay in the UK permanently, however, in certain circumstances their indefinite leave to remain can be revoked.

Facts of Immigration Case

The Appellants in this Upper Tribunal case were all Chinese nationals and it appears were improperly advised by corrupt Solicitors and agents to use a false identity. These applicants had their first applications refused but continued to remain in the UK. Eventually these migrants were later granted their Indefinite Leave to Remain status in the UK under the Legacy programme.

Once their Indefinite Leave to Remain had been granted, the false identity became a problem. It became difficult to sponsor family members using the false identity, additionally other important official documents would also have been recorded in their original identity. Some applied for transfer of the settlement visa, a “No Time Limit” or “NTL” visa vignette, into a new passport in their true identity. Some such applications appear to have been successful. That is no longer the case, though, and the Home Office is refusing such applications and where applications are made the Home Office now revokes Indefinite Leave to Remain on the basis that the migrants had obtained leave by deception.

In this Upper Tribunal case all but one involved deliberate deception. The NTL  applications were refused by the Home Office, but no consideration was given to revocation of the underlying Indefinite Leave to Remain. This was inconvenient for the Applicants who were affected as they still had Indefinite Leave to Remain but had difficulty demonstrating this. The judicial review challenge having been brought, the Home Office has unsurprisingly decided to pursue revocation in these particular cases.

Upper Tribunal Decision

The Official head note of the Upper Tribunal decision reads:

  • The Upper Tribunal has jurisdiction to determine a claim challenging a decision not to transfer a “No Time Limit” (NTL) vignette to a person’s new travel document.
  • In cases where a decision of that sort is said to be motivated by a perception that the person obtained leave by deception, the Secretary of State should rely on the process available to her for cancelling leave.

For the above mentioned appellants lodging an application in their original identity seems to have been counterproductive, as they now stand to lose their immigration status.

Home Office: Reasons to Revoke Indefinite Leave to Remain

Under Section 76 of the Nationality, Immigration and Asylum Act 2002 the Secretary of State for the Home Office has the power to revoke an applicant’s indefinite leave to remain or enter in the UK if the individual:

  • Is liable for deportation: The Home Office may find a person liable to deportation if they decide that the  individual’s presence is not conducive to public good.
  • Has obtained leave or entered the UK by deception: A person’s indefinite leave to remain or indefinite leave to enter can be revoked if the Secretary of State believes that the person has used deception to obtain their stay or entered the UK by making false representations or submitting false documents (whether or not material to the application), or failing to disclose material facts.

Contact us for a successful Settlement / Indefinite Leave to Remain Applications

If your indefinite leave to remain in the UK is subject to revocation and you have been given the right to appeal our expert Immigration Solicitors and barristers can advise and represent you at your appeal hearing. Our immigration team will ensure that all the relevant points of a refusal are challenged to stop your leave being revoked. If you have not been given the right to appeal you may be able to challenge the Home Office’s decision by considering a claim for Judicial Review.

If your indefinite leave to remain has been revoked we can assess your matter in more detail to determine whether or not you qualify for leave in the UK in another immigration category. This may be under ‘discretionary leave’ or ‘restricted leave’. Alternatively, a person may be subject to ‘temporary leave.

Our team of experienced and professionally qualified solicitors and barristers will be able to guide you through the process step by step and limit the possibility of failure by complying with the strict letter of the law. Please always call us for a telephone case assessment even if you wish to consider other advisers.

Our Immigration Experts are able to give specialist legal information and advice in this area of law. To contact one of our Immigration Solicitors or Immigration Barristers please complete our legal case assessment form and we will get in touch or call us now on 02071830570 for a telephone case assessment.

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