Immigration Barristers' Blog

On 15 March 2012, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules. From 6 April 2012, the Tier 1 (Graduate Entrepreneur) category will be open for graduates who wish to extend their stay in the UK in order to establish one or more businesses in the UK and who have been identified by Hig ...

The Upper Tribunal has issued guidance to representatives concerning appeals to the Upper Tribunal based upon the alleged misconduct of an Immigration Judge.   The key points of guidance may be summarised as follows:   A party alleging misconduct by a judge needs to prove it; Parties and their representatives need to ...

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Help for migrants forced to flee their relationships as a result of domestic violence has been made permanently available from 1st April 2012. Eligible spouses and partners will be granted a limited period of exceptional leave by the UK Border Agency. This will give access to public funds and support services, allowing victims to leave an abusive ...

The European Commission has launched a public debate on the right to family reunification of third-country nationals living in the EU. Depending on the outcome of the consultation, the Commission will decide whether any policy follow-up is necessary – such as setting up clear guidelines, modifying the current rules or leaving the legislation as it ...

The UK Border Agency has issued new policy guidance following the judgment of the Supreme Court in the case of Quila and Bibi v Secretary of State for the Home Department [2011] UKSC 45. ...

The Supreme Court has issued a landmark ruling, confirming that the ban on the entry into the UK for settlement of foreign spouses or civil partners, unless both parties are aged 21 or over, is unlawful. ...

Responding to the UK Border Agency consultation on family migration, the Law Society has raised concerns about government proposals aimed at preventing ‘sham’ or forced marriages and abuse of the family immigration route. ...

A new report by The Children’s Society has revealed alarming levels of destitution among refugee, asylum-seeking and migrant children and young people. A rising number of children who have nowhere to live - and no source of financial support - are turning to The Children’s Society for help. Between April and September 2011, more than a third of yo ...

The Migration Committee of the Parliamentary Assembly of the Council of Europe (PACE) has approved a position paper on reform of the EU Family Reunification Directive. Chair of the Committee, Giacomo Santini, said “Family reunification is an important element of the right to family life and an essential part of the integration process for migrants ...

A children's charity has raised concerns over the numbers of children being held in immigration detention. According to The Children's Society, 697 children were held at all Greater London and South East ports between May and the end of August 2011. Almost one third were unaccompanied children. This could mean as many as 2,000 children could be det ...

The Court of Justice of the European Union has given an Opinion on what constitutes an 'act of persecution' for the purposes of recognition of refugee status for asylum seekers. Under minimum standards established for all member states, the recognition of refugee status requires that the third country national concerned faces a well-founded fear o ...

Recent data released by Eurostat, the statistical office of the European Union, has revealed that the number of asylum applicants registered in the EU27 rose to 301 000 in 2011. It is estimated that around 90% of these were new applicants, and around 10% were repeat applicants. In 2010, there were 259 000 asylum applicants. In 2011, the main coun ...

In this case, the Court of Appeal discussed whether or not there is a 'near miss principle' in Article 8 cases. People refused leave to remain in the country due to not meeting the requirements of the Immigration Rules often argue on appeal that their removal would breach their human right to respect for private life. Since 2010, an increasingly ...

European countries will receive more support from the EU to take up refugees under a new joint resettlement programme endorsed by the Civil Liberties Committee. The programme aims to step up the EU's role in providing international protection, especially for vulnerable groups such as women at risk and unaccompanied minors, in cooperation with the U ...

EU Commissioner Malmström has issued a statement welcoming the European Council adoption of a common position on the Joint EU resettlement programme. In his statement, the Commissioner says: “This is a much needed measure and a considerable step towards concrete engagements and increased cooperation regarding resettlement of refugees to Europe and ...

A lecturer at Glasgow Caledonian University is to undertake a study into the public’s attitude towards the problem of human trafficking – and how consumers’ spending habits contribute towards it. Acording to Dr Kiril Sharapov, there is a widespread misconception that human trafficking is only associated with the illegal sex trade, where people are ...

Paul Richmond, we have engraved your name on our home walls. We have translated your marks of success into a big celebration in our home. I am not writing this review to make propaganda for the Richmond canter immigration barristers, but this is my real testimony for their work and assistance provided to me. On November 2011, I have applied f ...

In a recent report, the Home Affairs Committee has criticised the UK Border Agency's management of the processes for the enforced removal of those who are being deported from the UK. The inquiry, launched following the death of Jimmy Mubenga on a deportation flight from the UK, found that although there were some positive aspects of the process, w ...

The European Court of Human Rights has ruled that Omar Othman (Abu Qatada) cannot be deported to Jordan while there remains a real risk that evidence obtained by torture will be used against him. The applicant, Omar Othman, is a Jordanian national who was born in 1960 near Bethlehem, then part of Jordan. He is currently detained in Long Lartin pri ...

The Court of Justice of the European Union has ruled in a case involving the ‘return directive’, which establishes common standards and procedures applicable in Member States for removing illegally staying third-country nationals from their territory. The directive provides for the adoption, in respect of any illegally staying third-country nation ...

The Court of Appeal has ruled that migrants have the right to insist on taking legal advice before consenting to removal by the UK Border Agency [UKBA] at less than 72 hours notice. The case of ‘Medical Justice v the Home Secretary’ related to a UK Border Agency argument that migrants who consented to removal from the UK were in effect waiving the ...

The United Nations Special Rapporteur on the human rights of migrants, François Crépeau, will undertake a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union. The study will include an examination of the EU directives ...

The general quality of the UK Border Agency’s decision-making can and must be improved, said John Vine CBE QPM, the Independent Chief Inspector of the UK Border Agency, publishing his global review of entry clearance decision-making. The global review inspection took place between December 2010 and June 2011, and involved an examination of almost ...

The European Commission has proposed to strengthen dialogue and operational cooperation with non-EU partner countries in the area of migration and mobility, deepening the proposals contained in the Communication on a Partnership and Shared Prosperity with the Southern Mediterranean, of 8th May. The new approach is detailed in a renewed 'Global App ...

The European Commission has recently adopted a Communication which sets out the main options for using new technologies to simplify life for foreigners frequently travelling to the EU and to better monitor third-country nationals crossing the borders. ...

The UK Border Agency has completed the rollout of biometric residence permits in the UK. This significantly increases the number of biometric residence permits issued by the agency. From 29th February 2012, all applicants from outside the European Economic Area (EEA) applying to stay in the UK for more than six months have to register their finger ...

The UK Border Agency has announced that the Ministry of Justice is to introduce appeal fee charges for some asylum and immigration appeals from 19th December 2011. People who want to appeal against a decision notice dated 19th December 2011 or later will need to pay a fee. The appeal fee will apply to most categories of visas and decisions. Any ex ...

Third country migrants working legally within the EU should enjoy certain comparable rights to those of EU nationals under a new "single permit" directive agreed by Parliament and Council and backed by the Civil Liberties and Employment committees. The "single permit" directive - which complements other measures on legal migration - is designed to ...

The Court of Justice of the European Union recently handed down judgment in the case of Ruiz Zambrano (C-34/09). This judgment creates a right to reside and work for the sole carer of a dependent British citizen when that carer has no other right of residence in the UK, and removing the carer from the UK would mean the British citizen would have to ...

The creation of a sustainable selective immigration system that encourages the brightest and best to come to the UK has been reaffirmed by Immigration Minister Damian Green. At a speech at the policy exchange, the minister expressed a desire to 'raise the tone of the immigration debate' and start building a national consensus on how immigration ca ...

Recent research by the National Institute for Economic and Social Research (NIESR) into the impact of immigration on the UK labour market has revealed that increased immigration was not associated with increases in claims for Jobseekers Allowance. Existing research on the labour market impact of immigration to the UK has generally found little or ...

A recent European Parliament resolution has said that all EU Member States should lift labour market barriers to Bulgarians and Romanians. It states that there are no real economic justifications for restricting their fundamental right to work and reside in any EU Member State. EU countries may prolong a temporary ban on Bulgarian and Romanian wor ...

Controls to restrict how Bulgarian and Romanian nationals access the UK labour market are to be extended until the end of 2013. This means Romanian and Bulgarian (EU2) nationals seeking to work in the UK will continue to require permission from the UK Border Agency before they can work in the UK. A report from the independent Migration Advisory Co ...

In a recent statement of intent, the government has announced more details of its new Tier 1 (Graduate Entrepreneur) scheme.  Open from 6 April 2012, the scheme will be available to those who have been identified by UK universities as having developed world class innovative ideas or entrepreneurial skills, but who are not yet in a position to ...

Rules have been laid in parliament confirming changes to Tier 2 of the points based system. Following the Migration Advisory Committee report in October 2011 to advise on the 2012-13 annual limit for Tier 2 and associated policies, the government has announced that: The Tier 2 (General) limit will remain at its current level of 20,700 for the n ...

On 15 March 2012, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules. From 14 June 2012, the personal savings you must have to support your Tier 1 application will increase. Because the personal savings must have been held for a consecutive 3 month period, if you plan to make a Tier 1 app ...

Minimum annual pay is the best way to select which highly skilled migrant workers should be eligible for settlement, the Migration Advisory Committee (MAC) has recommended. ...

Specialist jobs that are no longer required in the UK will be removed from a government-approved list that helps to ensure the UK only accepts migrant workers that the country needs. ...

The Migration Advisory Committee (MAC) has advised that the Shortage Occupation List be revised to restrict migrants from outside the European Economic Area to a smaller proportion of occupations within the UK labour market. ...

On 15 March 2012, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules. From 6 April 2012, the Tier 1 (Post-Study Work) category will close to new applicants.  However, it will now be easier for existing Tier 1 (Post-Study Work) migrants to extend their stay in the United Kingdom by swi ...

A package of measures designed to drive forward radical reforms to the immigration system and ensure the UK attracts only the brightest and best migrants has been laid in Parliament. A new minimum pay requirement of £35,000 for skilled temporary workers wishing to apply for settlement will mean that only those who make the biggest contribution to ...

The Institute of Directors (IoD) has spoken out against the government's proposed changes to the student visa system. The Director-General of the IoD, Simon Walker, said: “The Government’s moves to eject foreign students after graduation unless they earn at least £20,000 working for Home Office approved companies are a retrograde step which will c ...

In a recent statement of intent, the government has announced more details of its planned changes to Tier 1 (Post Study Work) of the points-based system. Tier 1 (Post Study Work) will close to new applicants on 5 April 2012. In its place, from 6 April 2012, Tier 2 (General) will be open to recent graduates with a Bachelor’s or Master’s degree, PhD ...

On 15 March 2012, a written ministerial statement was laid in Parliament outlining a number of changes to the Immigration Rules. From 14 June 2012, the personal savings you must have to support your Tier 2 (General) application will increase. If you plan to make a Tier 2 application on or after 14 June 2012, you must ensure the correct funds are ...

This case gives some hope to work permit holders who might otherwise be caught out by the Home Office's sudden introduction of a new requirement to be paid a certain salary in order to secure indefinite leave to remain. Until 6 April 2011, you could be granted indefinite leave to remain if you had spent 5 years in the UK with leave as a ...

As part of the government's commitment to reviewing the immigration system, a consultation was launched last summer proposing reforms to employment-related settlement, Tier 5 and overseas domestic worker routes. Immigration Minister Damian Green has now announced the government's response to this consultation. The proposed changes will mean that s ...

The UK Border Agency has made some amendments to the list of approved English language tests for applications made under Tiers 1, 2 and 4 of the points-based system and for spouse or partner applications. The amendments include: The City & Guilds test scores now show 'pass' and there is a separate English language test for spouse/partner ap ...

The Migration Advisory Committee (MAC) has recommended the annual limit on skilled workers from outside of the European Economic Area should remain unchanged for the next financial year. Following its first review of the limit, which was introduced in 2011 and applies to non-EEA migrants applying to work in the UK under Tier 2 of the immigration s ...

The Government should switch to a more rational method of measuring student migration flows and only count students who stay on in the UK permanently in net migration figures, according to a new report published by the think tank IPPR. IPPR’s report argues that the current method of measuring student migration flows gives the Government a perverse ...

The National Audit Office (NAO) has issued a report on the 2009 implementation of a points based route, known as Tier 4, by which students from countries outside the European Economic Area can study in the UK. The report has found that the UK Border Agency implemented Tier 4 with flaws which were predictable and could have been avoided. The Agency ...

New rules will come into force within weeks to ensure that the brightest and the best students can stay and work in the UK, Immigration Minister Damian Green has announced. Students can currently work in the UK for two years after their studies have finished, under the Tier 1 (Post-study work) route. But from 6th April, a more selective system wil ...

Private higher education colleges face being devastated by a 'misplaced' clampdown on overseas students, CentreForum has warned. In a new report, the think tank calls for the reversal of student visa controls which prohibit international students enrolled on HE courses at private colleges from working part time to support their studies. Since the ...

Tough new rules and enforcement action to stop abuse of the student visa system mean that over 450 education providers will no longer be able to sponsor new international students. ...

Non-EU seasonal workers would enjoy basic working and living conditions, such as a minimum wage and decent accommodation, under draft legislation endorsed by the European Civil Liberties Committee. These rules would tackle exploitation, while preventing temporary stays from becoming permanent. The European Commission estimates that over 100,000 thi ...

Prime Minister David Cameron has set out proposals to tighten the immigration system in Britain. The plans include asking the public to report those they suspect of being illegal immigrants. ...

The International Organisation for Migration (IOM) and the European Commission have agreed to strengthen their cooperation in the area of migration and mobility. ...

Immigration minister Damian Green has issued a written ministerial statement proposing an increase in visa fees, and an increase in UK-based visa application fees. The proposals will be laid in Parliament in 2 separate regulations and, subject to Parliamentary approval, the government hopes to bring the new fees into force from 6th April 2012. Fe ...

The government's announcement that it will be changing the rules for migrant domestic workers, including the removal of the right to change employer, will facilitate slavery and trafficking, say human rights charities Kalayaan and Anti-Slavery International.  Migrant domestic workers are vulnerable to horrific abuse and exploitation as has co ...