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.
Immigration Barristers' Blog
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?
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).
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”.
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.
In R (on the application of SS) v Secretary of State for the Home Department ("self-serving" statements)  UKUT 164 (IAC) heard before Upper Tribunal Judge Lane it was held that:
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.
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.
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.
The important High Court referral in Toufik Lounes, discussed here, referred the following questions to the Court of Justice:
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....
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.
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.
In the recent case of SF and others (Guidance, post-2014 Act) Albania  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.
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.
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.
On 16 March 2017, the Government presented a new Statement of Changes to the Immigration Rules (HC 1078). Guided by the Migration Advisory Committee’s recommendations, these changes are likely to affect business immigration, in particular those migrating to the UK under the Tier 2 points based system.
New changes to the Immigration Rules, announced on Friday 17th March, will affect personal immigration and in particular those applying for the Family Route (Appendix FM of the Immigration Rules).
Richmond Chambers LLP invites applications from established immigration barristers of all levels of call to join our immigration team on a dual practice basis. This is an exciting opportunity for successful members of the bar to supplement their existing practice with good quality direct access work.