Immigration Barristers' Blog

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In R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) [2015] UKSC 41, [2015] 3 WLR 121, the Supreme Court (Lord Reed and Lord Toulson with whom Lord Neuberger, Lady Hale and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law.   In this second part of a two part series, we continue to summarise their findings:

In R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) [2015] UKSC 41, [2015] 3 WLR 121, the Supreme Court (Lord Reed and Lord Toulson with whom Lord Neuberger, Lady Hale and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law. In this first part of a two part series, we summarise their findings:

The Chief Inspector of Immigration has recently published the results of a review of the impact of the removal of full appeal rights from Family Visitor applicants.

Recently the Upper Tribunal handed down a judgment in respect of Article 8 and visit visas in the case of Adjei (visit visas – Article 8) [2015] UKUT 0261 (IAC).

In Olatunde v Secretary of State for the Home Department [2015] EWCA Civ 670, (Judgment dated 1 July 2015) the Court of Appeal considered section 85A of the Nationality, Immigration and Asylum Act 2002 (“NIA Act 2002”) and its applicability to appeals against the refusal of Points Based System (PBS) applications when combined with other appeals against an immigration decision of another kind under section 82(2) of the NIA 2002 – in this case a notice of intention to remove.

Once you have submitted an application to the Home Office it is helpful to know when to expect a decision, and what you may be able to do if no decision is received within a reasonable time.

The Home Office has today announced a requirement for Tier 1 Investor and Tier 1 Entrepreneur visa applicants to provide overseas criminal record certificates in support of their visa applications.

EU citizens living in the UK are more likely to be working in high-skilled jobs if they were born outside of the EU, according to new analysis from the Migration Observatory at the University of Oxford.

Richmond Chambers recently assisted a client in successfully challenging a decision of the Secretary of State to refuse leave to remain as a Tier 1 (Entrepreneur) Migrant.

The application had been made on the basis of switching from leave as a Tier 1 (Post-Study Work) Migrant into the Tier 1 (Entrepreneur) category and was therefore required to meet provision (d) of Table 4 in Appendix A of the Immigration Rules.

The Private Medical Treatment visitor visa enables those who can afford it to travel to the UK for the specific purpose of receiving medical treatment in the UK. The Applicant must meet most of the requirements of the Visit (Standard) visa and also show that the cost of the medical treatment can be met and that the medical treatment is of the ‘finite duration’. They will be required to produce evidence of their medical condition and treatment, an estimate of the cost and likely duration of the treatment and evidence of sufficient funds.

This is an update to an article posted earlier this year, concerning breaks in continuous residence and applications for indefinite leave to remain under paragraph 276B of the Immigration Rules (the 10 year ILR rule).

Posted by on in Skilled Workers

The Migration Advisory Committee (MAC) has launched a call for evidence relating to its commission from the Government to review the Tier 2 UK immigration route.

EU Member States granted citizenship to almost one million people in 2013, according to a recent report from Eurostat, the statistical office of the European Union. This is an increase of 20% over 2012’s figures.

In applications made under Appendix FM of the Immigration Rules for entry clearance or leave to remain as a partner the applicant is required to satisfy a financial requirement. The Rules require an applicant to demonstrate, by reference to specified evidence, a gross annual income of at least £18,600. Where the applicant and their partner have children (who are not British or a citizen of an EEA country), the income threshold is increased by £3,800 for the first child and an additional £2,400 for each child thereafter.

Many nurses will be forced to leave their jobs with the NHS and return to their home countries because of changes to immigration rules, the Royal College of Nursing (RCN) has warned.

UK employers have a duty to prevent illegal working in the UK by people who are subject to immigration control. Where this is not complied with, an employer may face a financial penalty (civil penalty) and in some cases, prosecution. An employer can avoid becoming liable for a civil penalty and prosecution by carrying out simple specified document checks on prospective employees before employing them, to ensure that they have the right to work in the UK.

Tier 1 Investor visa applicants are now required to have opened an account with a UK regulated bank before submitting their investor visa application. The Immigration Rules require that the account must have been opened with a bank and for the purpose of investing not less than £2 million in the UK. The rules also require that the bank must be regulated by the FCA for the purpose of accepting deposits. However, a policy document published by the Home Office suggests that these ‘rules’ should not in fact be read as imposing mandatory requirements at all.

The Home Secretary has asked the Migration Advisory Committee to look at proposals to cut non-EEA work migration. The proposals reveal a tension between what business wants (the brightest and best staff, no matter their nationality) and what the Government wants (more jobs for British Citizens).

The Migration Advisory Committee (MAC) has been asked by the Government to look at ways the country can reduce work migration from outside the EU, while making sure Britain remains open to the best talent.

Advocate General Kokott has recently given her Opinion in Case C-218/14, Singh, Njume and Aly, 7 May 2015, a case concerning retained rights of residence following divorce from an EEA national.

Factual Background

Messrs Singh, Njume and Aly were all married in Ireland to Union citizens exercising their Treaty rights in Ireland and who were granted permission to reside based on their relationship with their spouses. Each marriage broke down after at least four years living together in Ireland, following which the Union citizen left Ireland and filed for divorce in their home country and decrees absolute were issued.

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