Immigration Barristers' Blog

Welcome to the blog of Richmond Chambers, where our immigration barristers provide updates and commentary on the latest developments in UK immigration law. Contact us to find out how our immigration barristers can help you achieve a successful outcome to your immigration case.
Catherine Taroni

Lawful Residence prior to the accession of an EEA Member State: Croatia and Permanent Residence

Lawful Residence prior to the accession of an EEA Member State: 
Croatia and Permanent Residence

Croatia has not yet been a member of the EU for five years, but it is nonetheless possible for Croatians and family members to acquire the right of permanent residence.

Gillian McCall

An Alternative Immigration Route for Exceptionally Talented Investors

An Alternative Immigration Route for Exceptionally Talented Investors

Generally, an individual who is planning to come to the UK for the purpose of investing in businesses will be considering the Tier 1 (Entrepreneur) or Tier 1 (Investor) categories. The Entrepreneur route is designed for individuals who want to take an active role in running a business in the UK and have at least £200,000 to invest in their endeavour. The Investor route has a higher investment threshold of £2 million, but doesn’t require the ongoing day to day involvement in running a business which an Entrepreneur is expected to have.

...
Emma Greenwood

The Meaning of ‘Sole Responsibility’ - Is TD (Yemen) Still Fit For Purpose?

The Meaning of ‘Sole Responsibility’ - Is TD (Yemen) Still Fit For Purpose?

The Requirement to prove ‘sole responsibility’ on the part of a Sponsor in the UK for a child applying to enter the UK appears in Part 8 of the Rules (where the parent is present and settled) and under Appendix FM (where the parent has limited leave as a partner or parent).

Lydia Watton

A Short Guide to Home Office Compliance visits

A Short Guide to Home Office Compliance visits

All Tier 2, 4 and 5 sponsors can expect the Home Office to visit them at some point during the duration of their sponsor licence. This article concentrates on compliance visits for sponsors in Tier 2 and/or Tier 5.

Paul Richmond

Can a Tier 1 (Investor) visa applicant rely on funds held in a business?

Can a Tier 1 (Investor) visa applicant rely on funds held in a business?

The Tier 1 (Investor) category is for high net worth individuals making a substantial financial investment in the UK. Under the Tier 1 (Investor) requirements, in order to qualify for an initial grant of leave in this category applicants must, amongst other requirements, have money of their own, under their own control, held in a regulated financial institution, and which is disposable in the UK, amounting to not less than £2 million. A question that we are often asked by our Tier 1 (Investor) clients is whether they can rely on funds that are held, not in their own personal bank account, but in a business bank account?

Zarina Rahman

Applying for bail at the First-tier Tribunal

Applying for bail at the First-tier Tribunal

A person may be detained under immigration powers if they are liable to removal or deportation. Home Office policy is to use detention as a last resort, yet 28,908 people were detained under immigration powers in 2016. In the same year 2,833 were released on bail. This article focuses on bail applications made to the First-tier Tribunal (Immigration & Asylum Chamber).

Alexandra Pease

Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals

Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals

In the early hours of 14 June 2017 fire struck Grenfell Tower in West London. The Grenfell Tower immigration cases (guidance on handling cases involving survivors and other individuals directly affected by the fire) guidance was published on 5 July 2017. This is a short term policy implemented to deal with the “national tragedy”.

Richmond Chambers

Being Turkish has its benefits - ECAA Turkish Worker Visa

Being Turkish has its benefits - ECAA Turkish Worker Visa

There are two avenues open to Turkish citizens wishing to settle in the United Kingdom: ECAA 1, which is the self-employed Turkish business persons visa and the lesser known route, ECAA 2, the Turkish Worker Visa.

Alexandra Pease

Self-Serving Statements

Self-Serving Statements

In R (on the application of SS) v Secretary of State for the Home Department ("self-serving" statements) [2017] UKUT 164 (IAC) heard before Upper Tribunal Judge Lane it was held that:

Gillian McCall

5 Common Questions for Entrepreneur Visa Applicants

5 Common Questions for Entrepreneur Visa Applicants

In this article we will attempt to address five of the most common questions we get asked about initial Tier 1 (Entrepreneur) visa applications. If you would like more detailed information about your specific circumstances, then please contact one of our immigration barristers to discuss your case in detail.

Lawrence Youssefian

Zambrano and Derivative Rights of Residence - ECJ Grand Chamber in Chavez-Vilchez (Case C-133/15)

Zambrano and Derivative Rights of Residence - ECJ Grand Chamber in Chavez-Vilchez (Case C-133/15)

The Facts

Chavez-Vilchez (Case C-133/15) concerned eight disputes in the Netherlands that came before the Grand Chamber. All involved third-country national (‘TCN’) mothers to one or more Dutch national children. They had all made applications for social assistance and child benefits, which were unsuccessful because they did not have the right to reside in the Netherlands under domestic legislation. All but one child was born and raised in Netherlands and had never exercised the right of free movement.

Richmond Chambers

Analysis: Government proposal on EU citizens’ position post-Brexit

Analysis: Government proposal on EU citizens’ position post-Brexit

On 26 June 2017, the Home Secretary presented to Parliament the Government’s proposal on the rights of EU citizens living in the UK after Brexit, previously proclaimed by the Prime Minister at the EU leaders’ summit in Brussels the week before.

Catherine Taroni

The Rights of Family Members of Dual EEA - UK Nationals following Naturalisation The AG’s Opinion in Lounes

The Rights of Family Members of Dual EEA - UK Nationals following Naturalisation
The AG’s Opinion in Lounes

The important High Court referral in Toufik Lounes, discussed here, referred the following questions to the Court of Justice:

Sophia Xiang

Applying to extend a Tier 1 (Investor) visa - the balance of funds requirement

Applying to extend a Tier 1 (Investor) visa - the  balance of funds requirement

On 6 November 2014, the immigration rules changed significantly for the Tier 1 (Investor) category. Investors who were initially granted a Tier 1 (Investor) visa under the rules in place after 6 November 2014 must invest all of their funds in the UK by way of qualifying investments, (i.e. by way of government bonds, share capital or loan capital in active and trading UK registered companies). However, investors who were initially granted a Tier 1 (Investor) visa under the rules in place before 6 November 2014 are required to have invested not less than £750,000 of their capital in the UK by way of qualifying investment and to have invested the remaining balance of £1 million in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

...
Gillian McCall

Tier 1 Entrepreneurs: What to do if you are refused on the grounds of genuineness

Tier 1 Entrepreneurs: What to do if you are refused on the grounds of genuineness

The genuine entrepreneur test was first brought into the Immigration Rules in January 2013; first applying only to initial applications to enter the category and then later being applied to extension and settlement applications as well. The test is relatively vague and can be applied inconsistently. This article will consider what the genuine entrepreneur test is, and what options individuals have if their application is refused on the basis that they are not genuine.

Peter Blackwood

British Nationality Deprivation Appeals – Not Dead Yet

British Nationality Deprivation Appeals – Not Dead Yet
In Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the Upper Tribunal appears to limit the issues in an appeal against a Home Office decision to deprive a person of their British citizenship status. It is arguable that the Upper Tribunal erred, not least as this aspect of the decision is at odds with other relevant decisions.
 
Paul Richmond

Richmond Chambers featured in new report on innovation at the Bar

Richmond Chambers featured in new report on innovation at the Bar

In recent years, the Bar has faced rapid and unprecedented change. A new report from Thomson Reuters entitled ‘Innovation at the Bar - Who is leading the way?’ looks to explore how the Bar is responding to these changes. The report includes case studies from those at the forefront of change and examines key areas of innovation at the Bar.

Richmond Chambers

Upper Tribunal again emphasises the importance of Home Office Guidance

Upper Tribunal again emphasises the importance of Home Office Guidance

In the recent case of SF and others (Guidance, post-2014 Act) Albania [2017] UKUT 00120 (IAC), the Upper Tribunal has emphasised the importance of Tribunals considering relevant Home Office Guidance if pertinent to the case, even if no submissions on said guidance are made by the Appellant.

Richmond Chambers

Changes to the Tier 4 Student category

Changes to the Tier 4 Student category

Statement of changes to the Immigration Rules: HC1078, announced on Friday 17th March 2017, introduces various change to Tier 4 Visas, which cover students. Amendments will seek to ensure stronger care protections for those who fall within the “Child” subcategory, as well as setting higher standards which institutions and students must reach if they wish to be considered under the “General” category.

Richmond Chambers

More changes to Tier 1 of the Points-Based System

More changes to Tier 1 of the Points-Based System

Statement of changes to the Immigration Rules: HC1078, announced on Friday 17th March 2017, introduces various amendments to Tier 1 of the Points-Based System. Tier 1 of the Points-Based System caters for high value migrants, and currently consists of four active categories: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). It also includes the Tier 1 (General) category, which was closed to new applicants in April 2011 but remains open for settlement applications.

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Latest Articles

16 August 2017
Croatia has not yet been a member of the EU for five years, but it is nonetheless possible for Croatians and family members to acquire the right of permanent residence.
09 August 2017
Generally, an individual who is planning to come to the UK for the purpose of investing in businesses will be considering the Tier 1 (Entrepreneur) or Tier 1 (Investor) categories. The Entrepreneur route is designed for individuals who want to take a...
02 August 2017
The Requirement to prove ‘sole responsibility’ on the part of a Sponsor in the UK for a child applying to enter the UK appears in Part 8 of the Rules (where the parent is present and settled) and under Appendix FM (where the parent has limited leave ...
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