In a pivotal judgment handed down on 9 April 2025, the High Court ruled that part of the UK Home Office’s immigration guidance—Family Policy: Family life (as a partner or parent) and exceptional circumstances, Version 21.0—was unlawful. The decision arises in the case of R (CPH) v Secretary of State for the Home Department [2025] EWHC 848 (Admin), which involved an eight-year-old child born in the UK who was eligible for Indefinite Leave to Remain (ILR) under Appendix Private Life but was unable to afford the £2,404 application fee.

Deputy High Court Judge Jonathan Moffett KC held that the Home Office’s discretion guidance unlawfully constrained decision-makers by requiring “particularly exceptional or compelling reasons” before ILR could be granted outside the Immigration Rules. The court found this standard to be inconsistent with the Secretary of State’s statutory obligation under section 55 of the Borders, Citizenship and Immigration Act 2009 to treat the best interests of children as a primary consideration in immigration decisions.

At paragraph 150 of the judgment, Moffett KC concluded:

“The discretion guidance is unlawful because… in a case such as the Claimant’s, the discretion guidance purports positively to authorise or approve the decision-maker reaching a decision in a manner which does not comply with the s.55 duty.”

Moreover, the individual decision made in the claimant’s case—refusing to grant ILR despite the child’s clear eligibility and inability to pay—was also declared unlawful. The court emphasized at paragraph 187:

“I do not consider that the Secretary of State properly treated the Claimant’s best interests as a primary consideration… [T]he Secretary of State did not comply with the s.55 duty.”

The ruling does not, however, disturb other aspects of the immigration framework. Claims based on Article 8 and Article 14 of the European Convention on Human Rights (ECHR), as well as irrationality arguments, were rejected—reflecting the uphill battle these grounds often face, as seen in earlier cases like Quaye and Sullivan.

This case marks a significant development in the protection of children’s rights within the UK immigration system, particularly where affordability prevents access to legal entitlements under the Immigration Rules​.

UK visit visa applications differ from other visa categories such as student, work, spouse, and business visas, as they lack predefined requirements, adding to the complexity of the process. Hence, it is crucial to exercise caution when applying for a visit visa. When evaluating a UK visit visa application, the UK Visas and Immigration (UKVI) takes into account several factors to assess the applicant’s eligibility. Noteworthy factors include:

Purpose of Visit: The UKVI assesses whether the purpose of the visit aligns with the visa category applied for, whether it’s for tourism, visiting family or friends, business, medical treatment, etc.

Financial Means: Applicants need to demonstrate that they have sufficient funds to cover their expenses during their stay in the UK, including accommodation, transportation, and other living expenses. This ensures that they are not likely to become a burden on the UK’s public funds.

Ties to Home Country: Applicants must provide evidence of strong ties to their home country, such as employment, property ownership, family relationships, etc. This helps establish their intention to return home after the visit, reducing the risk of overstaying.

Travel History: The applicant’s travel history, particularly any previous compliance with visa conditions, is considered. A history of overstaying visas or immigration violations may negatively impact the application.

Immigration History: Any previous visa refusals or immigration violations are considered. Applicants with a history of visa refusals may need to provide additional evidence to address previous concerns.

Criminal Record: Applicants with a criminal record may face additional scrutiny. Serious criminal convictions or those related to dishonesty or deception can lead to visa refusal.

Health and Medical History: While not typically a major factor for visit visas, applicants may be required to provide medical documentation if they have certain health conditions that could affect their visit or pose a public health risk.

Duration and Frequency of Visits: The frequency and duration of past visits to the UK are considered. Applicants who frequently visit the UK for extended periods may be subject to closer scrutiny to ensure they are not using visitor visas as a means to live in the UK without proper authorisation.

Accommodation and Travel Plans: Applicants need to provide details of their accommodation arrangements in the UK, as well as their travel plans within the country. This helps assess the feasibility and credibility of the visit.

Ties to Inviter/Host (if applicable): If the visit is sponsored by an organisation or a person in the UK, such as a family member or friend, the relationship between the applicant and the inviter, as well as the inviter’s immigration status and financial situation, may be considered.

It’s important for applicants to provide comprehensive documentation and evidence to support their application and address any potential concerns raised by the UKVI. Meeting the eligibility criteria and providing strong evidence can significantly increase the chances of a successful visa application.

Please be advised that the information shared is for informational purposes only and should not be relied upon as legal advice. The readers must seek formal legal advice from an authorised person based on their individual circumstances. You may get in touch with us for tailored advice according to your circumstances.

Do you have a right to extend your lease under the Leasehold, Reform, Housing and Urban Development Act 1993??

As an owner of a residential leasehold property, you may have the right to extend your current lease a further 90 years after the expiry of your current lease.

Entitlement to extension

The right to extend a lease applies to a qualifying tenant who has owned the property for at least 2 years.

Note: leaseholders who own three or more flats are NOT excluded in this case.

What is a qualifying tenant

To qualify, a leaseholder must hold the leasehold interest in a flat under a long lease (a lease of more than 21 years) and must not own three or more flats.

A leaseholder who holds a sub-lease/tenancy included in the definition of qualifying tenant.

Who isn’t a qualifying tenant

If you hold a business tenancy, a tenancy where the immediate landlord is a charitable housing trust or hold an unlawful sub-lease out of the non-qualifying superior lease, you are not a qualifying tenant.

Terms of the new lease

The new lease will be a ‘peppercorn’ (£0 ground rent) and a premium will be payable for the grant of the new lease. Once granted, the new lease will immediately replace the tenant’s existing lease.

Note: this right is available irrespective of the rights to collective enfranchisement)

The terms of the new lease are to stay the same at the existing lease but for the new rent being peppercorn, service charge provisions and will contain a statement that the lease is being granted under the Leasehold, Reform, Housing and Urban Development Act 1993.

The terms in the new lease may also include new terms which rectify any defects in the current lease and the landlord’s right to apply to the court for possession for redevelopment purposes during the last 12 months of the original term or the last 5 years of the extension (subject to compensation being payable to the tenant).

How is the premium calculated

The amount of the premium payable by the tenant for the lease extension is calculated by accumulating:

• The reduction in the value of the landlord’s interest;
• Where the unexpired term of the tenant’s existing lease does not exceed 80 years, 50% of the marriage value; and
• Compensation to the landlord

Landlord’s protection

The landlord can oppose the tenant’s request on the basis that the tenant’s existing lease expires within 5 years and that the landlord intends to demolish/reconstruct the property and would be unable to do so without being given possession of the premises.

Contact us for more information to understand more about your rights. At Morgan Hill Solicitors, we take care of the legal side of your transaction so you can focus on the important stuff.