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.
Richmond Chambers

Latest ONS figures reveal work as main reason for immigration

Latest ONS figures reveal work as main reason for immigration

The Office of National Statistics has released their immigration statistics for the Year Ending (YE) June 2016.

Paul Richmond

80% increase in Tier 1 (Investor) visas granted in Q3 of 2016

80% increase in Tier 1 (Investor) visas granted in Q3 of 2016

Figures released by the Office for National Statistics today reveal an 80% increase in the number of Tier 1 (Investor) visa applications approved during the period July to September 2016. Meanwhile, the number of Tier 1 (Entrepreneur) visas granted has remained broadly the same as in previous quarters.

Richmond Chambers

Immigration Act 2016 introduces criminal sanctions for landlords

Immigration Act 2016 introduces criminal sanctions for landlords

Landlords will from today face criminal sanctions for renting to individuals without valid immigration status. Commencement Order No.2 brings into force s. 39, 40 and 41 of the Immigration Act 2016, which seek to target illegal immigrants by restricting their access to housing.

...
Richmond Chambers

‘Remove First, Appeal Later’ Extended

‘Remove First, Appeal Later’ Extended

Today, Commencement Order No.2 brings into force key sections of the Immigration Act 2016. The ‘remove first, appeal later’ policy is substantially extended. The Home Secretary now also has power to cancel leave which has been granted under s.3C of the Immigration Act 1971.

Richmond Chambers

ETS / TOEIC - MA (ETS – TOEIC testing) [2016] UKUT 00450

ETS / TOEIC - MA (ETS – TOEIC testing) [2016] UKUT 00450

MA (ETS – TOEIC testing) [2016] UKUT 00450 is the latest case in the string of cases involving those who have had their leave to remain or enter, refused, curtailed, or cancelled. This is generally done on the ground that, based on information from ETS, the Secretary of State for the Home Department (“SSHD”) had significant evidence to conclude that the test certificate was fraudulently obtained by the use of a proxy test-taker.

Richmond Chambers

U-turn on proposed immigration appeal fee increases

U-turn on proposed immigration appeal fee increases

The Minister of State for Courts and Justice has announced that the government’s proposed Immigration Tribunal fee increases will no longer go ahead.

Richmond Chambers

Changes to validity of applications and administrative review

Changes to validity of applications and administrative review

The Immigration Rules have today been amended with the aim of clarifying how to make a valid application for leave to remain, and the circumstances in which fresh evidence can be submitted in administrative review proceedings.

Paul Richmond

New residence requirement for ILR as a PBS dependent partner

New residence requirement for ILR as a PBS dependent partner

The Home Office has today introduced a new 180 day residence requirement for ILR as a PBS dependent partner. Paragraph 319E of the Immigration Rules sets out the requirements for indefinite leave to remain as the partner of a relevant points based system migrant.

Richmond Chambers

Amendments to the family migration immigration rules

Amendments to the family migration immigration rules

New Immigration Rules published today introduce some important changes to the family migration routes under Appendix FM and Appendix FM-SE. Introduced by Statement of Changes HC667, the new rules raise the English language requirement for partner and parent-based further leave to remain applications, amend the eligibility and minimum income requirements for dependent children and reduce the level of NHS debt that will found a discretionary refusal on grounds of suitability.

Richmond Chambers

28-day grace period for overstayers abolished

28-day grace period for overstayers abolished

Changes to the Immigration Rules introduced today abolish the 28-day grace period for the consideration of applications for further leave to remain where an applicant has overstayed and replace it with more restrictive provisions. The changes, introduced by Statement of Changes to the Immigration Rules HC667, apply to applications made on or after 24 November 2016.

Richmond Chambers

Upper Tribunal finds that justice must be seen to be done

Upper Tribunal finds that justice must be seen to be done

The case of Elayi (India) v Secretary of State for the Home Department [2016] UKUT 508 has highlighted the importance of the appearance of justice in immigration cases, as well as the implementation of justice itself.

Thomas Aitken

Meeting the financial requirement within Appendix FM by reference to adequate maintenance

Meeting the financial requirement within Appendix FM by reference to adequate maintenance

In July 2012, following on from the report from the Migration Advisory Committee, a minimum income threshold was introduced in respect of sponsorship under the family migration route as set out within Appendix FM of the Immigration Rules. A minimum threshold of £18,600 was set, with additional amounts for any ‘relevant’ children.

Richmond Chambers

Subject Access Requests: Requesting personal information from the Home Office

Subject Access Requests: Requesting personal information from the Home Office

The Home Office holds information about individuals who have come to its’ attention one way or another. Such information may contain copies of documents an individual provided with an application, criminal records checks or interview records.

Alexis Slatter

Litigation debt as a general ground for refusal

Litigation debt as a general ground for refusal

In March 2016, a specific power to refuse applications on the basis that an applicant owes a litigation debt was introduced as a general ground of refusal in Part 9 of the Immigration Rules (HC877). Equivalent changes were made to the ‘suitability requirements’ for applicants under the visitor route in Appendix V and for applicants under the family and private life migration routes in appendix FM and appendix Armed Forces. The power is discretionary and applies to applications made on or after 6 April 2016.

Lydia Watton

Changes to Tier 2 Immigration Rules Published

Changes to Tier 2 Immigration Rules Published

In the Statement of Changes to the Immigration Rules published on 3 November 2016 the Government announced some expected, and some unexpected, changes to Tier 2 applications. The main changes are set out below. The changes generally apply to applications made on or after 24 November 2016, but in some cases they apply to applications made using a Certificate of Sponsorship assigned on or after 24 November 2016. In all cases where a minimum salary requirement is amended, the applicant still needs to have been paid the appropriate rate for the individual job specified in Appendix J of the Immigration Rules.

Catherine Taroni

Immigration (European Economic Area) Regulations 2016 - Commencement and General Interpretation

Immigration (European Economic Area) Regulations 2016 - Commencement and General Interpretation

The new Immigration (EEA) Regulations 2016 were laid before Parliament on 3 November 2016. They consolidate many of the previous changes, but also make important changes, including in relation to the Surinder Singh route, which will be addressed in separate posts.

Richmond Chambers

Upper Tribunal Provides Guidance On Country Guidance

Upper Tribunal Provides Guidance On Country Guidance

In what circumstances is it appropriate to depart from existing Country Guidance? And when is a failure to do so an error of law? These are the questions that the Upper Tribunal considered in the case of FA (Libya: art 15(c)) Libya CG [2016] UKUT 413 (IAC).

Richmond Chambers

Upper Tribunal finds that there is no shared duty of cooperation on a Member State to substantiate nationality

Upper Tribunal finds that there is no shared duty of cooperation on a Member State to substantiate nationality

The Upper Tribunal has recently given its determination in the case of MW (Nationality; Art 4 QD; duty to substantiate) Eritrea [2016] UKUT 00453 (IAC). In its determination the Upper Tribunal analyses on whom the duty lies to substantiate nationality, in relation to a case of disputed nationality.

Richmond Chambers

Upper Tribunal Issues New Country Guidance on Eritrea

Upper Tribunal Issues New Country Guidance on Eritrea

In MST and Others (national service - risk categories) Eritrea (CG) [2016] UKUT 443 (IAC) (7 October 2016), the Upper Tribunal has issued updated country guidance on the situation in Eritrea. Whilst reconfirming parts of the country guidance given in MA (Draft evaders - illegal departures - risk) Eritrea CG [2007] UKAIT 00059 and MO (illegal exit - risk on return) Eritrea CG [2011] UKUT 190(IAC), the updated country guidance on Eritrea may be summarised as follows:

Richmond Chambers

Home Office European Passport Return Service for EEA Nationals

Home Office European Passport Return Service for EEA Nationals

The Home Office is now offering a European passport return service for EEA and Swiss nationals applying online using the EEA(QP) or EEA(PR) application forms.

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Latest Articles

05 December 2016
The Office of National Statistics has released their immigration statistics for the Year Ending (YE) June 2016. ...
01 December 2016
Figures released by the Office for National Statistics today reveal an 80% increase in the number of Tier 1 (Investor) visa applications approved during the period July to September 2016. Meanwhile, the number of Tier 1 (Entrepreneur) visas granted h...
01 December 2016
Landlords will from today face criminal sanctions for renting to individuals without valid immigration status. Commencement Order No.2 brings into force s. 39, 40 and 41 of the Immigration Act 2016, which seek to target illegal immigrants by restrict...
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