Farid Raymond Anthony - Questions and Answers on Immigration in Britain

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QUESTIONS AND ANSWERS ON IMMIGRATION TO BRITAIN

Questions and Answers on Immigration to Britain

Farid Raymond Anthony
Barrister (England and Wales) (non-practising)
Barrister and solicitor, notary public, commissioner for oaths (Republic of Sierra Leone)
Barrister and solicitor of the Republic of the Gambia
Member of the Honourable Society of the Inner Temple
Member of the Immigration Law Practitioners' Association
Member of the Joint Council for the Welfare of Immigrants

Dedicated to my wife Joan and to my children

First published in 1996 by
FRANK CASS & CO. LTD.

This edition published 2013 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Farid Raymond Anthony 1996

British Library Cataloguing in Publication data
A catalogue record for this book is available from the British Library

ISBN 0-7146-4272-X

Library of Congress Cataloging-in-Publication data
A catalog record for this book is available from the Library of Congress

All rights reserved. No part of this publication may be reproduced in any form, or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the publisher.

Contents

I wish to thank my wife, Joan, and our children who pestered me to continue my legal career or do something along the same lines to keep my mind active and alert (as a result of which I set up the Immigration Advisory Services of Kent). My thanks also go to my wife for helping with the checking of the manuscript for the inevitable spelling and typing errors. I also wish to thank His Honour Judge Eugene Cotran (editor in chief of the Butterworths Immigration Law loose leaf service) immensely for looking through my manuscript and making suggestions, and for writing the Foreword to this book.

My thanks also go to Desmond de Silva Q.C., head of chambers at 2 Paper Buildings, Inner Temple, and an old friend in whose chambers I started reading immigration law. This was where I became interested in the subject. I thank Adrian Jack, my 'pupil-master', who did not discourage me from doing anything not connected with criminal or civil law.

Regrettably, due to a life-long practice in my own chambers abroad, practising in a fused system, I found the split system of practice in the United Kingdom inconvenient, time-wasting and more costly, and so set up a consultancy. I wholeheartedly support those colleagues who are advocating a fused system in Britain!

The Immigration Advisory Services of Kent has been instrumental in getting the manuscript off the ground.

I thank all those who in one way or the other have made this publication possible.

Finally I thank Frank Cass & Co. Ltd for publishing this book.

AC: Appeal Cases

All ER: All England Law Reports

BDT: British Dependent Territory

BNA: British Nationality Act

CIO: Chief Immigration Officer

CMLR: Common Market Law Report

CTA: Common Travel Area

D of E: Department of Employment

EC: European Community

ECO: Entry Clearance Officer

EEA: European Economic Area

EU: European Union

FCR: Family Court Report

HO: Home Office

HOPO: Home Office Presenting Officer

HX/(number): Hatton Cross hearing centre and reference number of the case

Imm.A.R.: Immigration Appeals Report

IAT: Immigration Appeals Tribunal

IO: Immigration Officer

NHS: National Health Service

QBD: Queen's Bench Division

SSHD: Secretary of State for Home Department

TA: Temporary Admission

TH/(number): Thanet House hearing centre and reference number of the case

TLR: Times Law Report

UNHCR: United Nations High Commission for Refugees

WLR: Weekly Law Reports

1 General

1. What is an 'ECO' and what is 'entry clearance'?
2. What is an immigration officer (IO)?
3. What is the difference between a High Commission and an Embassy?
4. From which countries are citizens 'Commonwealth citizens'?
5. Which countries are British dependent territories (BDTs)?
6. Which countries are 'visa countries'?
7. Are there any exemptions from the visa requirements for visa nationals?
8. Do those not designated as 'visa nationals' still need entry clearance to come to the United Kingdom?
9. When is entry clearance not mandatory?
10. What are 'leave to enter' and 'leave to remain'?
11. When can entry clearance or leave to enter be refused?
12. Once entry clearance has been obtained by an individual before leaving his home country, will he be examined or interviewed again on arrival at a port or airport in the United Kingdom?
13. What is 'limited leave'?
14. What is 'indefinite leave to remain'?
15. Is registration with the police normally imposed on every foreign entrant?
16. What is 'settlement'?
17. What is meant by 'right of abode'?
18. Does everyone need a sponsor before applying to come to the United Kingdom?
19. Who are considered as 'parents'?
20. Who are considered as children for immigration matters?
21. What if I overstay the period granted me?
22. What is the 'common travel area' (CTA)?
23. When I enter the common travel area would I need a permit to travel from the country that I entered to any of the other countries in the CTA?
24. Having entered United Kingdom lawfully, can I then travel freely to other countries which form the European Union - the United Kingdom being part of the European Union?
25. Which countries form the European Union?
26. Can any other type of British passport entitle free entry to the United Kingdom?
27. What are the immigration rules?
28. Apart from the rules what other legislation, orders or rules are there relating to immigration?
29. To whom does an applicant who has been refused entry or other applications appeal?
30. Who are adjudicators?
31. What is the Tribunal?
32. What is judicial review?
33. Are there time limits for an appeal to be brought?
34. If leave to enter is refused can a person get temporary admission (TA)?
35. What is variation of leave and curtailment?
36. Do Commonwealth citizens have to register with the police in the United Kingdom? How is registration carried out?
37. What is meant by 'public funds'?
38. What is meant by 'adequate accommodation' and 'exclusive accommodation'?
39. What is meant by maintenance?
40. What is a 'prohibition' on, or a 'restriction' from, employment?
41. What is meant by 'close connections' with the United Kingdom?

2 Visitors

• 42. How long can a visitor be allowed to stay in the United Kingdom?
• 43. Do all arrivals need entry clearance?
• 44. If a visit is sponsored who makes the application for entry clearance?
• 45. What are the requirements for a visit?
• 46. Apart from the above, will I have to show a reason for visiting?
• 47. With regard to accommodation and maintenance, will the visitor have to show that he can do both by himself?
• 48. What form does the 'intention to return' test take?
• 49. What do I have to do to show that I intend to return?
• 50. Can a visitor transact business during his visit?

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