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.
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Upper Tribunal again emphasises the importance of Home Office Guidance

Upper Tribunal again emphasises the importance of Home Office Guidance

In the recent case of SF and others (Guidance, post-2014 Act) Albania [2017] 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.

Richmond Chambers

Changes to the Tier 4 Student category

Changes to the Tier 4 Student category

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.

Richmond Chambers

More changes to Tier 1 of the Points-Based System

More changes to Tier 1 of the Points-Based System

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.

Richmond Chambers

Upcoming Changes To Tier 2 Immigration Rules

Upcoming Changes To Tier 2 Immigration Rules

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.

Richmond Chambers

Changes to family migration and visit rules announced

Changes to family migration and visit rules announced

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

New Opportunity For Members Of The Immigration Bar

New Opportunity For Members Of The Immigration Bar

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.

Richmond Chambers

Richmond Chambers shortlisted for Foreign Direct Investment Award

Richmond Chambers shortlisted for Foreign Direct Investment Award

Richmond Chambers is delighted to announce that we have been shortlisted for the ‘Immigration Specialist Firm or Practitioner of the Year’ category at the Foreign Direct Investment (FDI) Awards 2017.

Gillian McCall

Making an Application for Exceptional Talent/Promise to the Arts Council

Making an Application for Exceptional Talent/Promise to the Arts Council

The Exceptional Talent and Exceptional Promise categories are some of the most flexible immigration categories that a person can enter to work in the UK. Home Office guidance states that ‘We recognise that such talented individuals should have few restrictions on their economic activity once here. If you qualify, the route allows you to work and change employers, or to be self-employed, without the need for further authorisation or to be sponsored for employment in a specific post.’

Richmond Chambers

Home Office has ‘the clearest obligation’ to serve relevant policy guidance

Home Office has ‘the clearest obligation’ to serve relevant policy guidance
In the recent case of UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, the Court of Appeal has found that the Secretary of State has ‘the clearest obligation’ to serve relevant past policy documents and ensure that they are before the Tribunal.
 
Richmond Chambers

Tier 2 Immigration Skills Charge to be introduced in April 2017

Tier 2 Immigration Skills Charge to be introduced in April 2017

From April onwards, employers will be charged up to £1000 per annum for each non-EEA worker that they sponsor.

...
Paul Richmond

Tier 1 Investor and Entrepreneur Visa Approvals Remain Strong

Tier 1 Investor and Entrepreneur Visa Approvals Remain Strong

Figures released by the Office for National Statistics today reveal that the number of Tier 1 (Investor) visa applications approved during Q3 and Q4 of 2016 was up 62% on the first two quarters of the year. Meanwhile, the number of Tier 1 (Entrepreneur) visas granted during the second half of the year remained broadly the same as in the previous 6 months.

Richmond Chambers

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Exactly 12 months after starting to hear the case, the Supreme Court has today handed down its long-awaited judgment in R (on the application of MM (Lebanon) (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) [2017] UKSC 10.

Richmond Chambers

Civil Penalty Appeals Can Be Heard By The Court of Appeal

Civil Penalty Appeals Can Be Heard By The Court of Appeal

In Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017) the Court of Appeal has ruled that it has jurisdiction to hear appeals from the County Court concerning civil penalties imposed under the 2006 Act for employing illegal workers.

...
Richmond Chambers

Best interests of children can be outweighed by parental misconduct

Best interests of children can be outweighed by parental misconduct

In Kaur (children's best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context of Article 8. Specificially, the Upper Tribunal considered the scope of the principle that a child must not be blamed for matters for which he or she is not responsible, such as the poor immigration history of a parent.

...
Emma Greenwood

What is a ‘Genuine Student’?

What is a ‘Genuine Student’?

Under paragraph 245ZV(k) of the Immigration Rules, an applicant for entry clearance as a student is required to show that he is a ‘genuine student’. Guidance entitled ‘Tier 4 of the points-based system’ version 37.0 published on 30 November 2016 provides guidance as to when it is necessary to interview applicants, and as to how to assess genuineness.

...
Richmond Chambers

Applications invited from barristers to join our immigration team

Applications invited from barristers to join our immigration team

Richmond Chambers LLP invites applications from immigration barristers of all levels of call to join our team. Applications will be considered from barristers looking to join chambers on a full-time, permanent basis and also those seeking a part-time dual practice arrangement.

Richmond Chambers

Immigration Health Surcharge

Immigration Health Surcharge

The Home Office is seeking to amend the way in which the Immigration Health Surcharge operates.

...
Thomas Aitken

Meeting the spouse visa financial requirement as a director of a limited company

Meeting the spouse visa financial requirement as a director of a limited company

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

Richmond Chambers invites applications for 3 immigration pupillages

Richmond Chambers invites applications for 3 immigration pupillages

We are pleased to offer 3 immigration pupillages, commencing in April 2017, September 2017 and September 2018.

Richmond Chambers

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review

Court of Appeal upholds principle of exhaustion of alternative remedies in immigration judicial review

The Court of Appeal in Oyekan v Secretary of State for the Home Department [2016] EWCA Civ 1352 has found that an application to seek judicial review of an immigration decision before all other remedies had been exhausted was manifestly ill-founded.

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Latest Articles

06 April 2017
In the recent case of SF and others (Guidance, post-2014 Act) Albania [2017] 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...
04 April 2017
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...
28 March 2017
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 o...
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