The Weekly Law Reports
[2023] 1 WLR 4593
Supreme Court
*Rex (Afzal) v Secretary of State for the Home Department
Rex (Iyieke)
v
Secretary of State for the Home Department
[2023] UKSC 46
2023 June 7, 8; Nov 28
Lord Reed PSC, Lord Sales, Lord Burrows, Lord Stephens JJSC, Lord Kitchin
Immigration— Leave to remain— Application to vary leave— Claimant applying to vary leave to remain before expiry of such leave— Claimant failing to pay immigration health surcharge when required— Secretary of State consequently required to treat application as invalid— Whether claimant’s existing leave extended until application refused—
Immigration Act 1971 (c 77), s 3C[1]
—
Immigration (Health Charge) Order 2015 (SI 2015/792), art 6[2]
Immigration— Leave to remain— Indefinite leave to remain— Claimants applying for indefinite leave to remain on grounds of ten years’ continuous residence in United Kingdom— Claimants residing in United Kingdom for over ten years but having periods of unlawful residence between periods of lawful residence— Whether periods of unlawful residence to be disregarded— Whether disregarded period of residence counting towards ten years’ residence—
Immigration Rules, paras 39E, 276B[3]