The most recent Statement of Changes to the Immigration Rules (HC309) has brought changes to the Tier 1 categories.
Immigration Barristers' Blog
Amendments to the Immigration Rules introduced on 11 January 2018 have clarified the position of multiple and joint property ownership by Tier 1 Investors who entered the category before 6 November 2014.
In Sala (EFMs: Right of Appeal)  UKUT 411 (IAC), the Upper Tribunal held that, as a decision on an application for a Residence Card for an extended family member requires the exercise of discretion by the Secretary of State, it is not a decision which concerns the Appellant’s entitlement to be issued with a Residence Card. As a result, such a decision does not meet the definition of “EEA decision” and does not carry a right of appeal under Regulation 26 of the Immigration (European Economic Area) Regulations 2006.
Today, 11 January 2018, new Immigration Rules are brought into place with a large number of changes to the wording of the Tier 1 (Entrepreneur) rules. The Rules for Entrepreneurs have been restructured in their entirety, in what we -- and presumably the Home Office -- hope will make them easier to apply correctly.
A Statement of Changes to the Immigration Rules (HC309) was announced in early December 2017. There will be several significant changes to the Tier 2 (General) category, to be effective from 11 January 2018.
Richmond Chambers LLP is pleased to offer 2 immigration pupillages, one commencing in October 2018 and one commencing in October 2019.
At present, there is no residence requirement for PBS dependants to obtain indefinite leave to remain. They simply have to have been in the category for five years as a family member, and to meet the other requirements of paragraph 319E of the Rules.
The effectiveness of freedom of movement for EEA nationals depends on the right of their partners to reside with them. However, their ability to exercise this right may be obstructed by the increasingly enthusiastic efforts of the Home Office to prevent abuse by non-genuine couples entering into ‘sham marriages’. Two recent cases provide guidance on the meaning of sham marriages, marriages of convenience and who bears the burden of proof.
The Home Secretary has today published a Statement of changes to the Immigration Rules (HC309) setting out various amendments to the Immigration Rules for Tier 1 (Entrepreneur) migrants. The changes will apply to all Tier 1 (Entrepreneur) applications submitted from 11 January 2018.
The new NHS (Charges to Overseas Visitors) Regulations 2017 amend the 2015 Regulations and come into effect as of 21 August and 23 October 2017.
Three years on from the increase in the investment funds requirement from £1 million to £2 million and interest in the Tier 1 (Investor) visa category is on the rise again.
Employers are generally required to carry out a Resident Labour Market Test before sponsoring a non-EEA worker. The Resident Labour Market Test is designed to protect the settled workforce. This essentially means that before offering a job to a non-EEA foreign worker, the employer must advertise the role in the UK and assess any candidate who applies for it. If there is no suitably-qualified or skilled settled worker available to take up the position, then the employer will be permitted to bring in a non-EEA worker.
This is a word of caution for those who are considering the use of the Home Office’s Same-Day Premium Service when making an extension or settlement application.
In an important case to protect the rights of EU nationals and their family members in the UK, the Court of Appeal has overturned the Sala (EFMs: Right of Appeal)  UKUT 411 decision in relation to the Immigration (EEA) Regulations 2006.
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.
The ‘Genuine Entrepreneur’ test was introduced in 2013, and is a discretionary element of the otherwise fairly objective Tier 1 (Entrepreneur) application.
Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting Officers or opposing counsel, Judges, HMCTS staff, your barrister and/or solicitor will all appear remotely by audio or video conference. It’s likely to be less intimidating than you might imagine: video links and telephone conference technology have been well tested in legal cases across the jurisdiction. These virtual hearings will apparently only take place where the tribunal considers that it is in the interests of justice. Unfortunately, as this is a pilot scheme, if you are chosen, you may end up being the subject of its testing phase.
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.