Lupins – UK Immigration Glossary Terms

Administrative review

If your immigration application is refused and you do not have the right to appeal the decision, you may be able to apply for an administrative review. Under this process, UK Visas and Immigration will review the application that was made.

Administrative review does not apply to all cases, for example Visit visas and applications made by family members under the Immigration Rules.

Appeal

If your immigration application is refused and you have a right of appeal, this means that you can challenge the decision in Court, initially the First-tier Tribunal. You will have an opportunity to put forward evidence in support of your case to an Immigration Judge, including legal arguments, expert evidence and witness statements.

Appellant

The person appealing a decision. In an immigration appeal, the Home Office or Secretary of State for the Home Department, is the Respondent.

Bail

Any person who has been detained by the Home Office in a Detention Centre now known as an Immigration Removal Centre for 7 days or more, can make an application to the First – tier Tribunal for their release. This is known as applying for bail.

Barrister

A lawyer regulated by the Bar Standards Board, often specialising in court room representation, drafting pleadings and expert legal opinions.

British Citizens

British citizens are people with citizenship usually through a connection with the UK, birth, adoption, descent, registration or naturalization. British citizens have the right of abode in the UK.

British Overseas Citizens

British overseas citizens are people connected with a former British Colony  where for the most part they did not acquire citizenship of the new country when it obtained its independence. Hong Kong, British Dependent Territories Citizens became British overseas citizens on 1^st July 1997 if they would otherwise have been stateless.

British Overseas Territories Citizens 

British Overseas Territories Citizens are people with citizenship through a connection with a British overseas territory such as Gibraltar, St Helena. Known as British Dependent Territories Citizens before February 2002. Hong Kong British Dependent Territories Citizens lost that citizenship automatically on 1^st July 1997, but may still hold another form of British nationality.

Common Travel Area

The common travel area consists of the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland.

Counsel

A term used to describe a barrister.

Court of Appeal

The Court of Appeal is the highest court within the Higher Courts, which also includes the High Court and Crown Court. Where a case has been refused by the Upper Tribunal, it may be possible in some circumstances to challenge that decision by appealing to the Court of Appeal.

Curtail

UK Immigration and Visas may curtail your leave,  i.e. shorten and bring it to an early end, if they believe you are no longer eligible for that leave or a decision has been made that you obtained your leave through deception. Your current leave may also be curtailed if you applied for a different kind of leave (Switching). For example, if you are in the United Kingdom as a visitor with leave to enter for 6 months and apply for asylum, your visitor leave may be curtailed.

Deportation

The enforced removal of someone who is not British and has served a criminal sentence in the UK.

Determination

A decision made by a Court.  When the decision is written up by the Immigration Judge it is referred to as the Determination.

Discretionary leave

There may be circumstances where the Home Office will grant limited leave. This usually applies to Human Rights applications where there are exceptional circumstances, such as medical reasons or human trafficking ,and the Home Office believes that a  person should be allowed to stay in the UK.

Domicile

You are domiciled in the country in which you have made your permanent home. This is the country in which you intend to settle for the rest of your life.

EEA

The European Economic Area (EEA) includes all of the 28 EU countries (see below) and also Iceland, Liechtenstein and Norway.

Entry clearance

Entry clearance is the procedure used by Entry Clearance Officers (ECOs) at British posts overseas to check before a person arrives in the UK if that person qualifies under the Immigration Rules for entry to the UK. If granted entry clearance, you will be issued with a documents, usually a Visa (or Entry Certificate, EEA Family Permit, or Except Vignette).  Even if you are granted entry clearance at a British Embassy or Consulate, the authority to admit you to the UK will ultimately rest with an Immigration Officer at the port of entry.

European Court of Human Rights

The European Court of Human Rights in Strasburg was established by the European Convention on Human Rights (ECHR) and hears complaints where a state has violated the human rights protected in the Convention and Protocols.  Complaints can be brought by individuals or other States who have signed the Convention and the Court can also issue advisory opinions.

European Court of Justice

The European Court of Justice in Luxembourg, officially the Court of Justice of the European Union, is the highest Court in the EU in matters of European Union law.

European Union

The European Union (EU) is an economic and political union of 28 countries.

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungry, Irish Republic, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom

First-tier Tribunal 

The first level of the Immigration Tribunal at which you can appeal a negative asylum or immigration decision.

High Court

The High Court of Justice, also known as the High Court of England and Wales, deals at first instance with all high value and high importance cases and can judicially review the reasonableness and legality of decisions of lower Courts and in some cases the decisions of the Home Office.  Most immigration and asylum judicial reviews in England and Wales, are now heard in the Upper Tribunal.

Home Office

The Government department for policies on immigration, passports, counter-terrorism, policing, drugs and crime. The Home Office is headed by the Home Secretary.

Humanitarian Protection

Leave granted to a person who would, if removed, face in the country of return, serious risk to life arising from the death penalty, unlawful killing or torture or inhuman or degrading treatment or punishment. If a person has been refused asylum, they may still be considered for this status. Humanitarian protection is normally granted for a period of 3 years, after which you can usually apply for indefinite leave to remain.

Immigration Health Surcharge (IHS)

Applies to some applications for leave to enter/remain in the UK. All people applying for entry clearance (visas) for more than 6 months and applicants already in the UK applying for limited leave to remain, are required to pay the charge to cover National Health Service (NHS) health care in the UK. The fee is based on an annual amount, so the amount you pay will depend on the period of time for which you are granted leave.

Immigration Rules

The Immigration Rules are published by the Home Office and set out the rules which must be fulfilled for immigration applications to be successful.

Immigration Officer

Immigration officers work in passport control and are responsible for checking the right of entry to the UK of all individuals arriving at ports and via the channel tunnel. They examine documentation and where necessary can use legal powers to detain or remove illegal entrants.

Indefinite leave to remain (ILR)

Indefinite leave to remain is legal permission to stay in the United Kingdom without any time limit. It is a form of settled status and is also known as settlement. ILR is a grant of settlement after entry to a non-EEA national.

Many, but not all, immigration applications can lead to indefinite leave to remain eg: Family Migration Visas, Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional Talent), Tier 2 (General) subject to the salary requirement, Representative of an Overseas  Business .

Judicial Review

Judicial review is a procedure whereby the Courts can supervise the exercise of power, often by a public body. In immigration cases, this is usually the Home Office.  The Judge will review the lawfulness of a decision, action or failure to act of a public body or Government department. It can also be used to challenge secondary legislation such as the Immigration Rules or policy or the compatibility of an act of parliament with rights under the European Convention on Human Rights.

Judicial Review can only be used where all avenues of appeals have been exhausted.

Legal aid

Government funding that can help people meet the costs of legal services they require if they are eligible to receive it.

Leave to enter

Permission given by Immigration officials at the port of entry to enter the United Kingdom.

Leave to Remain

Leave to remain is permission to stay in the UK either temporarily (limited leave to remain) or permanently (indefinite leave to remain).

Licensed sponsor

An organisation that is licensed by the Home Office’s UK Visas and Immigration Section to sponsor migrants to come to the United Kingdom under the points-based system (PBS).  For Tier 2, the licensed sponsor will normally be the employer. For Tier 4 it will be the educational establishment sponsoring the student.

Limited Leave to Remain

Permission to stay in the United Kingdom temporarily, for a length of time stated on the visa.

OISC

Office of the Immigration Services Commission, which regulates immigration advisors, who are not solicitors.

Overstayer

A person who has been allowed into the United Kingdom for a limited period, but who has remained longer then the time allowed without permission from the Home Office.

Permanent residence card

A permanent residence card is issued for non-EEA family members of EEA nationals where they can demonstrate they have been living in accordance with the EEA Regulations for a continuous period of 5 years. The permanent residence card is valid for a period of 10 years. Permanent residence for EEA nationals, is sometimes confused with indefinite leave to remain and settlement.

Points-based system (PBS)

The Home Office Immigration System for managing applications by people who wish to come to the United Kingdom to work, train or study.

Removal Directions

A legal document issued by  UK Visas and Immigration telling you the date, time and flight number of an enforced removal.

Respondent

If you are defending an appeal, you are the respondent. If you are appealing a decision of the Home Office, the Home Office will be the respondent. If you win your appeal and the Home Office gets permission to appeal that decision, then the Home Office will be the Appellant and you will become the Respondent.

Shortage Occupation List

Shortage occupations are ones where there are not enough settled workers to fill available jobs in particular sectors. These occupations are on a shortage occupation list, published by the Home Office. The list is reviewed regularly. Employers who wish to recruit a worker from outside the EEA for a vacancy on the shortage occupation list, will not need to carry out a resident labour market test.

Solicitor

A solicitor is a lawyer who has been admitted as a solicitor by the Solicitors Regulation Authority and whose name appears on the Roll of Solicitors.

Supreme Court

The highest Court in the UK. This was formerly the House of Lords.

Switching

This is the term used when someone already in the United Kingdom in one immigration category, applies to extend their stay in the United Kingdom in another immigration category and without leaving the UK.

Temporary admission

Temporary admission can be granted by UK Visas and Immigration allowing a person to be lawfully in the UK without them being detained and without them having been granted leave to enter or remain.

It you have been detained, you can apply to the Home Office for temporary admission. If this is not granted, you can apply for bail.

Residence Card

Residence cards are issued to non-EEA national family members of an EEA national. A residence card confirms their status as a family member of an EEA national and is usually issued for a period of 5 years.

Refugee

This is defined by the 1951 United Nations Convention relating to the Status of Refugees and 1967 Protocol. A refugee is a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of their nationality.

The individual is unable or, owing to such a fear, is unwilling to avail themselves of the protection of that country; or who not having a nationality and being outside the country of their former habitual residence, is unable or owing to such fear, is unwilling to return to it.

The Resident Labour Market Test

The process employers must follow to show that there is no suitable settled worker in the UK who is available to fill the job. The process involves advertising the job you want to recruit for.

Right of Abode

This is the legal description of a person’s right to enter and live in the UK without any immigration restrictions. All British citizens have the right of abode along with some Commonwealth citizens. This can be evidenced by a British Citizen Passport or ID card or a certificate of entitlement in a foreign passport.

Tribunal

Asylum, Human Rights and Immigration Appeals hearings are heard in the Asylum and Immigration Chamber, which is independent from the Home Office. There are two tribunals, the First-Tier Tribunal and the Upper Tribunal.

If you think the First-Tier Tribunal made an error of law in the way your case was decided, you can apply for permission to appeal in the Upper Tribunal. The Upper Tribunal also now hears most judicial reviews in asylum and immigration cases in England and Wales.

UK ancestor

This is a possible route of entry to work and/or settle in the UK for Commonwealth citizens without a right of abode  if they can show that they have a grandparent who was born in the UK.

UK Visas and Immigration

This is the section of the Home Office responsible for making decision about who has the right to visit or stay in the UK.

Visa

A visa is a document issued when you apply for entry clearance which gives you permission to travel to the UK and stay here for a set period of time.

Visa application

An application for entry clearance made at a British post abroad by a person who is a national of a country requiring a visa, who does not have the right of abode and is seeking to travel to the UK.

Visa nationals

Nationals of certain countries will need a visa prior to travelling to the UK for any purpose, including as a visitor. The list of countries known as the visa national list, can be found in the Immigration Rules.