Immigration Barristers' Blog

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In XB v The Secretary of State for the Home Department [2015] EWHC 2557 (Admin) the claimant successfully challenged the Secretary of State’s certification of her fresh claim for asylum as being clearly unfounded. The claimant had, by this point, already been removed from the UK, such that the learned judge directed the Secretary of State to ensure that the claimant re-enter the UK so that she could attend her appeal.

Applicants seeking to come to the UK to join their British, settled or refugee spouses are required to demonstrate their English language ability unless they are exempted. In R (on the applications of Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 the British Appellants challenged this Rule (“the Rule”, saying that it was a violation of their right to family life with their foreign spouses. The Home Office has published guidance on the Rule, explaining when an applicant will qualify for an exemption based on exceptional circumstances.

This article explains how your child or children who were born outside the UK can join you in the UK

if you are a British citizen, or if you have obtained Indefinite Leave to Remain in the UK. This category remains under Part 8 of the Immigration Rules, and is unaffected by the provisions of Appendix FM to the Immigration Rules.

The majority of those surveyed said they are in favour of retaining the right to work for dependents of highly skilled workers who come to the UK from outside the EU.

A number of top entrepreneurs have written an open letter to the Government warning that technology startups and businesses will be affected by the clampdown on immigration.

With effect from 1st February 2016, all private landlords in England will have to check new tenants have the right to be in the UK before renting out their property.

The Law Society of England & Wales – together with business leaders across the nation’s capital - are fearful that the United Kingdom’s Tier 2 Visa rules are negatively impacting upon London’s position as a global recruitment leader.

If you have made a leave to remain application and you want your application to be considered for a grant of leave on a different basis from your initial application, you can vary the application at any time before a decision is made on your initial application.  For example, if you have made an immigration application to undertake a short period of study, it is possible that the Home Office may not have made a decision on that application before you are able to make a new application for your next period of studies. If this happens it is possible to ask the Home Office to decide your application on the basis of your new studies.

1. Consider if you want to apply for Accelerated Settlement at any early stage

It is possible to apply for accelerated settlement in the UK after 3 years if you have either created the equivalent of 10 full time jobs that have each existed for 12 months or if you have increased the business income by £5 million. If you want to apply on this route, then make your plans early and make sure that your business plan supports it.

In SSWP v SSF and others [2015] UKUT 0502 (AAC) (10 September 2015) the Administrative Appeals Chamber of the Upper Tribunal gave effect to the decision of the Court of Justice of the European Union in Saint Prix v Secretary of State for Work and Pensions [2015] 1 CMLR 5.

Section 85 of the Nationality, Immigration and Asylum Act 2002 (as amended) provides that on an appeal against an immigration decision, the Tribunal may take into consideration evidence about any matter which it thinks relevant to the substance of the decision, including a matter arising after the date of the decision.

Richmond Chambers welcomes 5 new members to its immigration team

In the recent case of R (on the application of FM) v The Secretary of State for the Home Department [2015] EWHC 844 (Admin), it was found that where a potential victim of trafficking is identified (following a Reasonable Grounds decision), the state has a positive duty to make enquiries to determine whether the victim qualifies for discretionary leave (hereafter “DL), i.e. to refer the victim’s matter to the police – it is not incumbent on the victim to lodge the complaint with the police – and, in circumstances where evidence has been provided stating that the victim would benefit from counselling, to clarify whether a victim is not only undergoing counselling, but if not, why not and whether [s]he would be willing to undergo counselling.

The Upper Tribunal (Mr Justice McCloskey, Mr Ockelton and Upper Tribunal Judge Rintoul) has recently decided in Amirteymour and Others (EEA appeals; human rights) [2015] UKUT 00466 (IAC) that unless the Home Office serves a notice under section 120 of the Nationality, Immigration and Asylum Act 2002 requiring an appellant to state any additional grounds for wishing to remain in the UK, an appellant in an EEA appeal is not able to raise human rights as a basis for challenging the refusal decision.

Most individuals looking to come to the UK to run a business will consider the Tier 1 (Entrepreneur) visa category as the most appropriate visa category, however, if you are already running a business overseas the better application to make may be as a Representative of an Overseas Business.

According to Directive 2004/38, the right of residence of the non-EU (third-country national) family members of Union citizens, shall be evidenced by the issue of a Residence card.  A Residence Card of a Family Member of a Union citizen shall be “issued no later than six months from the date on which they submit the application.”

Following on from our previous article here, the Home Office has now introduced a requirement for anyone applying for entry clearance to the UK as a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, or an adult dependant of such a migrant, to include with their application an overseas criminal record check for every country in which they have lived for more than 12 months at any time over the previous ten years.

In a recently given opinion, an Advocate General has proposed that the Court of Justice of the European Union (CJEU) should dismiss a case that was brought by the European Commission against the UK over the right to receive certain benefits.

Section 22 of the Immigration Act 2014 makes landlords liable for a civil penalty if they authorise an adult who is not lawfully present in the UK (and who has not been given the permission to rent), to occupy property as their only or main home under a residential tenancy agreement (defined as any tenancy, lease, licence, sub-lease or sub-tenancy which grants a right of occupation for residential use, provides for the payment of rent and is not an excluded agreement).

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