British immigration lawyer’s adventures at the California Bar (exam, so far)

As many of you know, a couple of weeks ago I was in Sacramento, CA, finally taking the CA bar exam, all part of my new UK-US oriented business model. This was a weird experience in many respects. One, is that overwhelming majority of Bar takers are 24, in other words, my oldest daughter’s age. They all type on laptops and are very purpose-filled. In the corner they have a corral for handwriters, invariably those few 40+ oddballs, yours truly including. That’s a combination of out of state and foreign attorneys, career changers, perennial bar failers and, I imagine, disbarred … Continue reading →

First and last, literally: one of my first ever clients Kamal K finally gets his Residence card 4 years later, just as I am about to hang up the… (whiteboard?)

I am inseparable from the whiteboard, of course. But the rest is true.  As I am no longer taking on representation cases in UK in-country and EEA applications, I may have finally achieved the once bragged about 100% success rate again, and one of my first ever cases becomes one of the the last ones to conclude. Years ago, I expected a big party in West London and a lot of fanfare when this day finally comes as I knew it would –  but it turns out everyone is just tired. I wanted to scream, “Kamal got a residence card!” … Continue reading →

My FTT appeals May-June 2018: 18-month St Prix leave, WRS “job start date”, Ibrahim/Texteira “alternative carer” test

I do not have a huge appellate practice, as you folks know, which is, as I like to repeat, because my applications are usually successful, or I am able to casework into such success with further out-of-court bickering. However I appeared in a couple of notable appeals in the last couple of months, one in Taylor House and one in Belfast, of all places (a culture shock of its own!). Both of them were allowed, and SSHD had not pursued PTA in either (not surprised as they were both unopposed by SSHD – a PTA would have been really rich!).  … Continue reading →

Quick update on Worker Registration Scheme: who exactly was exempt and, finally, until when did it last?

I get a lot of questions from people who are confused as to who exactly was exempt from WRS when it was enacted in 2004 — in fact, it seems from UKVI’s own internal documents that many of those confused on this point are its own employees! UKVI does not even have an internal document that lists, or explains, all of the exemptions.

I finally found the primary legislation that set up and explained the WRS and who is exempt from it – enjoy!

http://www.legislation.gov.uk/uksi/2004/1219/pdfs/uksi_20041219_en.pdf

You will note of course that originally, as in this document, it was to last until 30 April 2009. This is now AGAIN th ecase, as the legislation extending it to 2011 was found unlawful, as confirmed in Gubeladze v SSWP (TG v SSWP) by the Court of Appeals. Don’t expect UKVI to amend any of its policy, but you can try to rely on it.