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Visa conditions do not count unless notified in writing by the Home Office

Visa conditions do not count unless notified in writing by the Home Office

Court of Appeals Decision in  the case of Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence that the notice was sent, it will be unable to rely on any purported breach of a visa condition to justify a decision to refuse a subsequent application, curtail a person’s leave, or remove a person from the UK.

Anwar, from Pakistan, had been studying at two institutions simultaneously, but only one was named on his Certificate of Acceptance of Studies (CAS). This is a document which must be issued by a university or college before leave to remain as a student can be granted. Immigration Rules indicates that leave to remain as a student will be granted subject to a condition prohibiting study except at the institution providing the CAS. However Court of Appeal agreed that Immigration Rules themselves are not sufficient to impose conditions; the condition must be applied to the individual case by issuing a written notice.

This decision could have wide-reaching ramifications, given that it is not currently Home Office practice to outline any conditions imposed when granting a visa application. As the Home Office amends its practice, there may still be cases in which it is unable to demonstrate that it has complied with the requirement to give written notice of any visa conditions.

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ABOUT THE AUTHOR
Adarsh Girijadevi is the founding Director and Head of the Immigration at City Legal Services Ltd. He has immense experience in Immigration Law and is accredited at Level 3 (the highest level) by the OISC.