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.
Gillian McCall

R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) [2017] UKUT 00406 (IAC)

R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) [2017] UKUT 00406 (IAC)

It is not often that there are reported decisions from the Courts and Tribunals looking in depth at the Tier 1 (Entrepreneur) category and even less frequent that the Tribunal considers the genuine entrepreneur test (For previous cases about genuineness see here or here). These cases are important, because while the Home Office produce guidance on the category, it is through the Tribunal decisions that we see independent reviews of how, in practice, the Home Office are and how they should be interpreting their Immigration Rules.

Alexandra Pease

Grenfell Tower Update - Further Guidance

Grenfell Tower Update - Further Guidance

A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West London in June of this year.

Evin Zengin

Hiring a Tier 2 Migrant - 5 things you need to know

Hiring a Tier 2 Migrant - 5 things you need to know

If you are an employer seeking to recruit a non-EEA national worker, hiring a Tier 2 migrant may seem like a complex process. We have outlined below 5 things which could be helpful to know as you embark on the process of hiring a Tier 2 migrant:

Emma Greenwood

Meeting the Appendix FM financial requirement with an income of less than £18,600

Meeting the Appendix FM financial requirement with an income of less than £18,600

In light of the Supreme Court judgment in MM (Lebanon) & Others v SSHD [2017] UKSC 10 the financial requirement set out in Appendix FM has changed substantially.

Catherine Taroni

Surinder Singh and the new EEA Regulations

Surinder Singh and the new EEA Regulations

Regulation 9 of the Immigration (EEA) Regulations 2016 took effect from November 2016, and sets out the criteria for when family members of British citizens can rely on the Regulations. It restricted the already tight approach of the 2006 Regulations.

Alexandra Pease

Re-inspection of the administrative review process, published in July 2017

Re-inspection of the administrative review process, published in July 2017

The Independent Chief Inspector of Borders and Immigration (ICIBI) report on a re-inspection of the administrative review process, published in July 2017 was published on 13 July 2017.

Paul Richmond

Tier 1 Investors: are you caught in the Corporate Bond trap?

Tier 1 Investors: are you caught in the Corporate Bond trap?

As is well known, Tier 1 (Investor) visa holders must, within 3 months of entering the UK, make a substantial financial investment by purchasing UK Government bonds, share capital or loan capital in active and trading UK registered companies. Many Tier 1 (Investor) visa holders, seeking to balance risk and return, invest wholly or partly in UK Corporate Bonds, often on the advice of investment managers. However few, it would seem, are aware of a provision of the Immigration Rules which, unless addressed carefully, could result in their extension or settlement applications being refused.

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:

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Latest Articles

20 October 2017
It is not often that there are reported decisions from the Courts and Tribunals looking in depth at the Tier 1 (Entrepreneur) category and even less frequent that the Tribunal considers the genuine entrepreneur test (For previous cases about genuinen...
12 October 2017
A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West London in June of this year. ...
06 October 2017
If you are an employer seeking to recruit a non-EEA national worker, hiring a Tier 2 migrant may seem like a complex process. We have outlined below 5 things which could be helpful to know as you embark on the process of hiring a Tier 2 migrant: ...
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