Immigration Barristers' Blog

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Recent blog posts

As of 1 February 2016, landlords have been required to check tenants’ “right to rent”. This comes as a result of the Immigration Act 2014, under which if landlords are found to be letting to someone who does not have a right to be in the UK, and the landlords failed to carry out the proper checks, they risk becoming liable to a civil penalty with a fine of up to £3000.

According to a new data, the UK’s financial sector requires more non-EU workers due to a worsening skill shortage in the industry.

The Home Affairs Select Committee has criticised the Tier 2 Visa system stating that it is “unfit for purpose” and that it may be “counter-productive” for businesses and the UK economy.

2015 has been a year of big changes in the field of immigration law. With the bringing into force of the Immigration Act 2014 significantly affecting rights of appeal, the introduction of the Immigration Health Surcharge, roll out of BRPs for Entry Clearance, a substantial restructuring of the Visitor category and a series of reported decisions interpreting Article 8 in ways that are not entirely consistent – it is safe to say that it has not been a quiet year.

The Scale-Up Institute, a group that helps small businesses with good potential, has warned that the visa restrictions in place in the UK are damaging the growth of small businesses.

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Have you recently got engaged to a British citizen? Are you looking to travel to the UK for your wedding and then live in the UK with your husband or wife permanently? If so, then you may wish to consider applying for a UK fiancé(e) visa.

A number of financial service firms in the UK are opposed to a further curb on Tier 2 visas and high-value immigration according to a recent survey. 

The case of Alubankudi (Appearance of bias) [2015] UKUT 542 was heard at Field House on 16th September 2015 before The President, The Hon. Mr Justice McCloskey and Upper Tribunal Judge Canavan. The decision was promulgated on 23rd September 2015. The case involved a 71 year old national of Nigeria who had applied for Indefinite Leave to Remain out with the Immigration Rules, having arrived in the United Kingdom in 2009. The headnote reads:

Regulation 15(1) of the Immigration (European Economic Area) Regulations 2006 (the ‘Regulations’) provides that an EEA national will acquire the right of permanent residence where they have resided in the UK in accordance with the Regulations for a continuous five year period.

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.

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