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Today the Home Office has released a Statement of Changes to the Immigration Rules which introduces broad and sweeping changes across many categories in the Immigration Rules. The majority of changes will come into force on 6 April 2015.

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Today the Home Office has released a Statement of Changes to the Immigration Rules with broad and sweeping changes across many categories in the Immigration Rules. The majority of changes will come into force on 6 April 2015.

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The Migration Advisory Committee were asked to perform a partial review of the Short Occupation Lists for the UK and Scotland, focussing on graduate occupations including graduate occupations in the digital technology sector. The MAC has now completed this review and has made several recommendations for roles in the digital technology sector to be added to the shortage occupation list. At the moment this is only a recommendation, and will only become effective if and when the Immigration Rules and the appendices are amended.

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Posted by on in Skilled Workers

The Migration Advisory Committee (MAC) has published a report on a partial review of the shortage occupation lists for the UK and for Scotland.

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If you have been granted a Tier 1 Entrepreneur visa, you will probably already be planning ahead for your extension of stay application. As well as registering as a director of a UK company (or as self-employed) within 6 months of arriving in the UK and investing your investment funds into your business, you will also need to satisfy a job creation requirement. The Job Creation requirement is set out at Tables 5 and 6 of Appendix A to the Immigration Rules.

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Within the space of 4 weeks at the end of 2014, UK Visas and Immigration (UKVI) introduced several key amendments to its Tier 1 Entrepreneur policy guidance. On 21 November 2014 and 18 December 2014, UKVI provided helpful guidance in relation to the prohibition on investing in companies mainly engaged in ‘property management and development’, gave us further insight into the sort of questions that are likely to be asked at Tier 1 Entrepreneur interviews and clarified the definition of a ‘venture capital firm’.

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In recognition of the expanding tech sector and to further the government policy of encouraging the best tech talent to come to the UK, in April 2014 the Immigration Rules were amended to allow digital technology to be included in the Exceptional Talent category.

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The Home Office has recently published the fifth in a series of reports that explore migrants’ journeys through the UK’s immigration system.

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It is a common misconception that an application by a spouse, civil partner, unmarried partner or fiancé under Appendix FM, which relies on the UK-based Sponsor’s income from employment (or the partner’s income from employment where he/she is in the United Kingdom with lawful leave to work and is applying for further leave to remain), can only be made if the Sponsor can produce wage slips covering a full 6 month period.

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According to recent labour market statistics released by Office for National Statistics, over the last year, there has been a 23 per cent increase in the number of eastern Europeans, such as individuals from Poland, working in UK.

In particular, The number of eastern Europeans working in Britain increased 168,000 by to 895,000 by the end of 2014.

In R (Hafiz Muhammad Zubair Javed) v Secretary of State for the Home Department [2014] EWHC 4426 (Admin) the Administrative Court was asked to consider when a written notice of a decision to curtail leave to remain in the UK is effective.

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Posted by on in Right to Work

Employers in the UK have a responsibility to ensure that anyone that they employ has a legal right to work in the UK.  Employers must ensure that appropriate right to work checks are carried out on all potential employees before employing them, regardless of their nationalities.

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Posted by on in Deportation

An independent review of policies and procedures affecting the welfare of those held in immigration removal centres has been announced by the Home Secretary.

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Regulation 8 of the Immigration (European Economic Area) Regulations 2006 (the ‘2006 Regulations’) sets out circumstances in which a person will be considered the ‘extended family member’ of an EEA national. Unlike a family member who falls within Regulation 7, such a person would not have a right to reside in the UK under European law until issued a Residence Card. Unmarried relationships fall within Regulation 8(5) which states:

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Posted by on in Right to Work

In December 2014, the Home Office produced ‘An employer’s guide to right to work checks’ which applies, where an initial check on a potential employee or a repeat check on an existing employee is required on or after 16 May 2014. The Home Office will consider compliance with this guide when considering whether a statutory excuse has been established or retained in relation to employees for the purposes of the law on preventing illegal working.  

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Acquiring the nationality of one (or more) Member State(s) of the EU automatically means that EU citizenship is acquired under Article 20 TFEU. Viviane Reding, former vice-president of the European Commission, saidin a speech delivered on 15th January 2014:

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An Early Day Motion (EDM) calling for overseas university students to be removed from UK net migration targets has been submitted to the UK Parliament, reports Times Higher Education.

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When an application is submitted to the Home Office it must be valid. This means that, amongst other things, it must be on the correct application form and accompanied by the correct fee, the applicant’s passport and photograph. Previously, if an application did not conform to these requirements, the Home Office would have rejected the application as invalid and it would be returned to the applicant as if the application had never been made.

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The Home Office has recently been increasing the number of Sponsor Licence visits they are making. If you have made a Tier 2 Sponsor Licence Application and/or a Tier 5 Sponsor Licence application, or if you already hold a Sponsor Licence, the Home Office may visit your business premises to ensure you can meet, or are meeting, your sponsor duties.

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An Advocate General of the Court of Justice of the European Union (CJEU) has given his opinion in a case concerning the validity of integration obligations imposed on long-term residents.

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