Immigration Barristers' Blog

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Posted by on in Right of Residence

The Citizen’s Directive, Directive 2004/38, introduced a new and updated right of permanent residence, open to all EU nationals who exercised Treaty rights in a host Member State for a continuous period of five years, and to their family members.

The latest quarterly immigration statistics released by the Office for National Statistics last week reveal a substantial drop in the number of Tier 1 Investor visas granted during the first six months of 2015.

Posted by on in Skilled Workers

The ‘cooling off’ period means that most skilled workers cannot apply to come to the UK if they have had entry clearance or leave to remain as a Tier 2 migrant at any time during the 12 months immediately before the date of application.

The right of permanent residence under EU law is acquired by Union citizens and their family members after five years’ continuous legal residence in a host member state.

Measures to be introduced under the new Immigration Bill will include the possibility of a jail sentence for migrants working illegally in the UK, the Government has announced.

The Immigration Bill, due to be introduced this autumn, will include a range of new powers to deter people from trying to find work here illegally and measures to deal more effectively with rogue businesses who offer them employment.

Establishing British citizenship can often be a complex matter. However, children born in the UK may, in certain circumstances, have an entitlement to British citizenship. A child’s claim to British citizenship may arise in the following (albeit non-exhaustive) circumstances:

The UK Government has recently announced the introduction of new rules for people interested in acquiring (or extending) a UK visa. The new rules, published earlier this month, require those who are applying for a UK visa to apply for a Biometric Residence Permit (BRP) at the same time.

Concerns have been raised about the ability of one of the UK’s main immigration removal centres to meet the needs of the vulnerable women held there.

In 2014, the number of IT professionals from outwith Europe, who came to workin the United Kingdom (UK), increased by thirteen per cent (13%) since 2013 and by fifty-six per cent (56%) since 2010.

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).

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