OTS Solicitors

18/09/2026

Visitor Visa refused and told you have “no right of appeal”?

That wording may not always be the end of the legal analysis.

UK Standard Visitor Visa refusals do not normally carry a statutory right of appeal. However, an appeal may arise where a human rights claim formed part of the original application and the Home Office substantively refused that claim.

A recent Court of Appeal judgment has clarified why the application, evidence and full refusal decision need to be considered together.

There is also an important distinction: having a right of appeal does not mean that the underlying human rights case will necessarily succeed.

Our infographic explains the key questions to consider, and our latest guide looks in more detail at Article 8, appeal rights and whether an appeal, fresh Visitor Visa application or judicial review may be appropriate.

Read the full guide:
https://www.otssolicitors.co.uk/news/human-rights-claims-and-uk-standard-visitor-visa-refusals/

In Brief A UK Visitor Visa refusal does not normally carry a statutory right of appeal. An appeal may arise under section 82(1)(b) of the Nationality, Immigration and Asylum Act...

21/08/2026

Marriage to a British citizen does not automatically give someone the right to settle in the UK.

The reported return of Prince Harry and Meghan, Duchess of Sussex, raises a question faced by many internationally mobile families: what immigration status does a non-British spouse rely on after years overseas?

The answer cannot be inferred from the marriage, the family home or the children’s citizenship. It starts with the person’s own immigration record: previous visas, eVisa records, any grant of settlement and their travel history.

Ordinary indefinite leave to remain will generally lapse after more than two continuous years outside the UK. Different rules apply to some forms of status, and Returning Resident provisions or exceptions may be relevant.

Where a new partner visa is needed, the relationship, financial, accommodation and other applicable requirements must be met. British citizenship is a separate stage, requiring settled status, qualifying residence and compliance with the relevant absence and physical presence requirements.

Our new article considers what a return to the UK can mean for a spouse visa, indefinite leave to remain and British citizenship.

Read the full analysis:
https://www.otssolicitors.co.uk/news/immigration-british-citizenship-and-meghan-markles-absence-2/

What could Meghan Markle’s reported UK return mean for her status? OTS explains spouse visas, Returning Resident rules, ILR, absences and citizenship.

20/08/2026

Can one separated parent decide to remove a child from school and home educate them?

Where both parents have parental responsibility and they disagree about a major educational decision, neither should assume that acting first settles the issue.

The disagreement may be resolved through discussion or mediation. If that is not possible, the Family Court can determine the question through a specific issue order, and a prohibited steps order may be relevant where one parent wants to prevent a unilateral change.

The court’s focus is the child’s welfare, not which parent feels most strongly.

Our guide explains how school and home-education disputes are approached after separation.

Read:
https://www.otssolicitors.co.uk/news/can-one-parent-decide-to-home-educate-a-child-school-and-home-education-disputes-after-separation/

In Brief When parents with parental responsibility disagree about whether their child should attend school or be educated at home, neither parent should assume that acting first will settle the...

19/08/2026

A Home Office EUSS review letter does not itself cancel pre-settled status.

If you receive a “minded to curtail” or review notice, it is an opportunity to respond before a final decision is made.

The response should usually address three questions: whether you already qualify for settled status, whether an Appendix EU absence exception preserves continuous residence, and if neither can be established, whether removing the status would be disproportionate.

The deadline in the individual notice matters, and travel, residence, work and other evidence may need to be assembled quickly.

Our guide explains how to approach an EUSS review letter:
https://www.otssolicitors.co.uk/news/home-office-euss-pre-settled-status-review-letters-how-to-respond-to-continuous-residence-and-uk-absence-concerns/

In Brief A Home Office EUSS review or ‘minded to curtail’ letter does not itself cancel your pre-settled status. It is an opportunity to respond before the Home Office makes...

19/08/2026

Te UK-India CETA Service Supplier arrangements create a commercial opportunity, but not a general new work visa.

The route is for qualifying Indian nationals coming temporarily to provide services under an eligible international contract.

A combined annual cap of 1,800 granted applications applies to specified Indian traditional chefs or chefs de cuisine, classical musicians and yoga instructors. Qualifying Service Suppliers may also receive permission for a single assignment of up to 12 months, subject to the wider route rules.

For UK businesses, the key work happens before assigning a CoS: check the service classification, trade-agreement coverage, sponsor authorisation, registered contract and worker eligibility.

Our guide explains the framework:
https://www.otssolicitors.co.uk/news/uk-india-ceta-service-supplier-visa-the-1800-place-cap-and-new-12-month-assignments/

In Brief The Home Office has published new operational guidance for Service Supplier applications under the UK-India Comprehensive Economic and Trade Agreement. The arrangements create a defined route for qualifying...

19/08/2026

A payslip showing the correct Skilled Worker salary does not always prove salary compliance.

If a sponsored worker is required to return part of their wages, pay money to the sponsor or a connected organisation, or reimburse certain business or immigration costs, the Home Office may take those payments into account when assessing the salary the worker effectively retains.

The same arrangement can also raise employment-law issues.

For workers, the response needs careful planning because resigning, changing employer or stopping a disputed payment can affect immigration status. For sponsors, these arrangements can create serious compliance risk.

Our guide explains the immigration and employment issues:
https://www.otssolicitors.co.uk/news/can-a-skilled-worker-sponsor-make-you-pay-back-wages-salary-cashbacks-visa-threats-and-what-to-do/

In Brief A payslip showing the correct gross salary does not necessarily prove that a Skilled Worker sponsor is complying with the immigration rules. If you are required to return...

18/08/2026

A criminal conviction does not remove the need for an individual assessment in a deportation appeal.

Deportation law remains strict and the public interest carries substantial weight. But the Court of Appeal’s 2026 decision in Dabo confirms that offending and imprisonment do not automatically sever a person’s social and cultural integration in the UK.

The Tribunal must look at the evidence in the round: relationships, upbringing, education, employment, offending, imprisonment, rehabilitation and the practical reality of return.

Dabo is not a shortcut to a successful appeal. It is a reminder that Article 8 cases are evidence-driven and fact-specific.

Read our guide:
https://www.otssolicitors.co.uk/news/can-i-appeal-a-uk-deportation-order-dabo-article-8-and-the-2026-rules/

In Brief If you or a member of your family has received a deportation decision, you may be able to appeal where removal would breach the Refugee Convention or your...

18/08/2026

A significant High Court judgment on trafficking reconsideration does not mean every removal to France is automatically unlawful.

On 10 July 2026, the High Court held that the Home Secretary had acted unlawfully when statutory modern slavery guidance was amended to remove the ability to request reconsideration of a negative trafficking decision for people being removed to certain convention states.

The judgment matters because a negative National Referral Mechanism decision does not normally carry a conventional statutory appeal.

But the ruling does not give every affected person an automatic right to remain in the UK. Removal directions, detention, trafficking decisions and available evidence still need urgent individual assessment.

Read our guide:
https://www.otssolicitors.co.uk/news/high-court-rules-home-office-trafficking-reconsideration-policy-unlawful-what-the-france-removal-judgment-means/

In Brief If you are facing removal to France after a negative trafficking or modern slavery decision, a new High Court judgment may be highly relevant, but it does not...

18/08/2026

The Immigration and Asylum Bill 2026 has not become law, but it could lead to significant changes across immigration, asylum, human rights and modern slavery cases.

As of 18 August 2026, the Bill is at Committee stage in the House of Commons.

For applicants, the sensible response is not to panic or rush an application. It is to understand whether you already have a viable route under the current rules and whether timing could become relevant if the law changes.

Our guide explains the proposals, including changes affecting appeals, Article 8 and late evidence.

Read:

In Brief The Immigration and Asylum Bill 2026 could significantly affect the way immigration, asylum, human rights, deportation and modern slavery cases are handled in the UK. The Bill has...

29/07/2026

A summer evening with the team! 🍩🍭🍦🍧🍡🍷🍸🍹🥂🍾