For those seeking to apply for naturalisation as a British citizen, you may be aware that one of the requirements that you need to demonstrate is that you have sufficient knowledge of language and life in the UK.

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This week’s office talk was given by Henry, and was about the case of Queen (on the application of Medical Justice) v SSHD.

In the decades before the American Revolution a phrase became popular in Ireland, which would eventually be adopted by the American Revolutionaries and come to be a cliché that is fundamental to modern politics: no taxation without representation.

This case could be said to change that to: no deportation without representation.

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The UK Border Agency has made some recent amendments to the list of approved English language tests for applications made under Tier 1 General Visas, Tier 2 Skilled Workers Visa, and Tier 4 Student Visa of the Points Based System. For a successful application under one of these Tiers, or indeed for any other relevant immigration application, you must be able to show (in addition to the various other requirements) that you meet the English language requirement.

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The case of Muse and Others v Entry Clearance Officer [2012] EWCA Civ 10, concerned an appeal by five Somali nationals against a refusal to permit them entry to the UK in order to achieve family reunion.

It is an interesting case for those seeking entry to the UK because it highlights the considerations that Immigration Officials will take into account when making their decision (i.e. the balancing act between the overall interests of immigration control and the rights of others). It also demonstrates the issues the Tribunals and Courts will take into account when determining whether such a decision is proportionate.

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This is the first of our new series of videos – something we’re trying out – which will explain in short and simple terms what you need to do to qualify for a certain type of visa. We’re starting with Spouse Visas – but there’ll be more to follow!

The application to extend Tier 2 and Tier 5 visas will soon be able to be made online.

From 14 February 2012, applicants applying under Tier 2 and Tier 5 and their dependants, who are in the UK, will be able to apply online for an extension of their visa (further leave to remain).

If you want to apply to apply online, you should complete the application form and make payment online. If you wish to use the premium (same-day) service, you must make an online booking for an appointment at a public enquiry office.

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When an non-EEA national marries an EEA national they will be eligible for an EEA residence card once the EEA national has been exercising treaty rights in the UK for the relevant period. In the Upper Tribunal decision of Idezuna this period was given “particular consideration”, and it was decided that a right of permanent residence can be acquired “on the basis of historical facts.”

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In continuing with our immigration terminology series, this entry explains what is meant by a “spouse visa”.

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