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In a recent case, a man named Mr. Tomlinson faced a heartbreaking situation after winning his appeal for a UK spouse visa. This case, known as R (Tomlinson) v Secretary of State for the Home Department [2025] EWCA Civ, highlights the challenges many face in the immigration system.

Mr. Tomlinson applied for a visa to join his wife in the UK. Unfortunately, his application was denied, leaving him separated from his loved one. He decided to appeal the decision, hoping to reunite with his wife. After a long wait, the Court of Appeal finally ruled in his favor, granting him the right to enter the UK as a spouse.

However, this victory came with a heavy heart. By the time the court made its decision, Mr. Tomlinson’s wife had tragically passed away. This meant that while he won the legal battle, the emotional toll was immense. The victory was bittersweet, as it could not bring back the love he had lost.

The case revolved around Mr. Tomlinson, a Jamaican national who had previously overstayed his visa and faced deportation. After marrying a British citizen, he applied for a spouse visa to join her in the UK. His application was initially denied due to his past criminal conviction, leading him to appeal the decision. The Court of Appeal ultimately ruled in his favor, stating that the Home Office had failed to consider a previous tribunal’s findings regarding his circumstances.

This case serves as a reminder of the complexities and emotional struggles involved in immigration processes. Many people like Mr. Tomlinson face long waits and uncertainty, which can have devastating effects on their lives and relationships.

At Kash Legal Services, we understand the importance of timely and compassionate support in immigration matters. We strive to help individuals navigate the system and achieve their goals. If you or someone you know is facing challenges with immigration or visa applications, please reach out to us. We are here to help you every step of the way.

Recently, a significant legal decision was made regarding the Home Office’s ability to correct mistakes in immigration status grants. This decision came from a case known as R (YC) v Secretary of State for the Home Department.

In this case, a man was granted indefinite leave to remain in the UK, but there was a mistake in the paperwork. Instead of stating that he had been granted indefinite leave, the documents incorrectly referred to him as having limited leave. This error led to confusion about his immigration status.

The man challenged this mistake through a judicial review, which is a legal process where a court examines the actions of a public body, in this case, the Home Office. He argued that the Home Office should not be allowed to correct this error because it could affect his rights.

The Upper Tribunal, which is a higher court that deals with immigration and asylum cases, ruled in favor of the Home Office. They decided that the Home Secretary has an implied power to correct mistakes that are made unintentionally. This means that if the Home Office makes an error in granting immigration status, they can fix it, even if it might seem unfair to the person affected.

This decision is important for several reasons. First, it helps ensure that immigration records are accurate. If the Home Office can correct mistakes, it can prevent future complications for individuals regarding their rights to live and work in the UK. Second, while it may seem concerning that the Home Office can change a person’s immigration status, the court’s ruling emphasizes the need for accurate records to protect the integrity of the immigration system. Lastly, this ruling sets a precedent for future cases where errors might occur, clarifying that the Home Office has the authority to correct mistakes.

If you find yourself in a situation where you believe there has been a mistake in your immigration status, it is essential to seek legal advice. Understanding your rights and the implications of any errors is crucial. Kash Legal Services,help you to navigate these complex issues and ensure that your rights are protected.

The EU Settlement Scheme was established to allow EU, EEA, and Swiss citizens living in the UK to secure their residency rights following Brexit. If you are a citizen from these regions and have applied for settled or pre-settled status, it is essential to understand how absences from the UK can affect your status. This article will provide a clear overview of the rules regarding absences and what you need to know to maintain your residency rights.

Settled vs. Pre-Settled Status

Before diving into the specifics of absences, it’s important to clarify the difference between settled and pre-settled status:

• Settled Status: This is granted to individuals who have lived in the UK for a continuous period of five years. It allows you to stay in the UK indefinitely.
• Pre-Settled Status: This is for those who have not yet lived in the UK for five years. It allows you to stay in the UK for up to five years, after which you can apply for settled status.

Absences from the UK

For Settled Status Holders

If you have settled status, you can be absent from the UK for up to five consecutive years without losing your status. This means that if you leave the UK for an extended period, as long as it does not exceed five years, your settled status remains intact.

For Pre-Settled Status Holders

If you hold pre-settled status, the rules are stricter. You must not be absent from the UK for more than two consecutive years. Exceeding this limit will result in the loss of your pre-settled status, and you may need to reapply if you wish to return to the UK.

Continuous Residence Requirement

To qualify for settled status, you must demonstrate continuous residence in the UK for five years. During this time, you can only be absent for up to six months in any 12-month period. There are exceptions for certain circumstances, such as:

• Serious illness
• Pregnancy or childbirth
• Study or work commitments

If you are absent for more than six months in a 12-month period without a valid reason, it may break your continuous residence, affecting your eligibility for settled status.

Conclusion

Understanding how absences from the UK affect your status under the EU Settlement Scheme is crucial for maintaining your residency rights. Whether you have settled or pre-settled status, adhering to the specified limits on absences is essential. If you have any concerns or need personalized advice. feel free to reach out to Kash Legal Services. We are here to help you navigate the complexities of immigration law and ensure your residency rights are safeguarded.