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Recent blog posts

Those who make an application for naturalisation as a British citizen under section 6 of the British Nationality Act 1981 must, in addition to other requirements as to immigration status and character, satisfy various requirements as to residence in the UK.

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The Migration Advisory Committee (MAC) has been asked by the Government to review the entrepreneur routes, with a view to ensuring that the potential economic benefit of the routes are maximised. The MAC will also consider the attractiveness of the routes to genuine entrepreneurs.

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The ‘Second-Tier Appeals Test’, introduced to emphasise the authority of the Upper Tribunal as a specialised appellate court, is a provision which Appellants seeking to appeal to the Court of Appeal from the Upper Tribunal often overlook. It is, however, an important consideration when examining the merits of such as an appeal.

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On 30 January 2015, the Court of Appeal handed down judgment in the case of GS (India) and others v The Secretary of State for the Home Department [2015] EWCA Civ 40. Six appellants appealed against decisions of the Upper Tribunal dismissing their appeals against the Secretary of State’s decision to remove them from the UK, arguing that it would amount to a breach of their rights under Articles 3 and 8 of the European Convention on Human Rights (ECHR). Five of the appellants were suffering from end stage kidney disease (ESKD) and if removed to their home states, were at risk of suffering a very early death. The last appellant was at an advanced stage of HIV infection. All six appellants were receiving medical treatment in the UK.

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Posted by on in Immigration Policy

Work has begun in the European Commission on developing a comprehensive European Agenda on Migration, with a first orientation debate taking place on key actions to step up the EU's efforts to implement the existing tools and cooperation in managing migration flows from third countries.

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In recent years it has become increasingly difficult for those who have overstayed to successfully apply for further leave to remain in the UK on the basis solely of their relationship with a partner in the UK. Last year, in the case of R (on the application of Jennifer Kerr) v. SSHD IJR [2014] UKUT 00493 (IAC) the Upper Tribunal firmly set out the prospects of success for individuals in these circumstances:

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There are several benefits to British citizenship, including the right to live and work in the UK without express permission and, very often, more generous provisions regarding entry to and residence in other countries. A good place to start with any immigration enquiry can often be to consider whether there is a potential claim to British citizenship. The answer may be a straightforward “Yes” or “No”; however for many people the answer can be much more complex.

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According to the Organisation for Economic Co-operation and Development (OECD), the United Kingdom's immigration controls on highly skilled workers are too restrictive and limit the country's productivity. Is the OECD right?

In particular, the OECD claim the quotas for company-sponsored visas, which were implemented by Theresa May, the Home Secretary, to assist Coalition's target to reduce net migration, do not allow the economy to expand appropriately now that the country is recovering from the economic downturn.

For many individuals who are looking to move themselves and their families to the UK using the Tier 1 Investor category, one of the biggest impediments is the perceived difficulty with satisfying the residence requirement. This article will explain what the residence requirement actually means for investors and how individuals and their family members can meet it.

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Migrant workers have brought various benefits to their employers that have led to productivity boosts and company expansion, according to a recent study published by the Government.

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In its latest Statement of Changes to the Immigration Rules, the Home Office has introduced broad and sweeping changes across many categories in the Immigration Rules. The majority of changes will come into force on 6th April 2015.

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Contrary to popular belief, it is not necessary for an employed British citizen/settled sponsor of a non-EEA national partner to have a basic pay of over £18,600 gross per annum in order to sponsor the partner’s application for entry clearance or leave to remain.

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In order to qualify for indefinite leave to remain on the basis of long residence under paragraph 276B of the Immigration Rules, applicants must demonstrate at least 10 years continuous lawful residence in the UK.

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The Office for National Statistics (ONS) has released its latest quarterly report on UK Migration, which shows that net long-term migration to the UK was estimated to be 298,000 in the year ending September 2014.

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The Home Office used to have a seven-year child policy called DP5/96 under which there was a presumption that a child who had lived in the UK for a continuous seven year period should not be removed from the UK if no other countervailing factors were present. This policy was withdrawn in December 2008.

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Posted by on in News

Recent changes to the Immigration Rules in HC 1025, specifically relating to the scope of administrative review, mirror the phased commencement of section 15 of the Immigration Act 2014. S.I. 2015/371 now expands the circumstances in which the appeal and removal provisions of the 2014 Act will apply, to those who make applications for leave to remain on or after 2 March 2015 as a Tier 1 Migrant, a Tier 2 Migrant, or a Tier 5 Migrant, and as of 6 April 2015, the relevant provisions of the Act will have general effect.

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Posted by on in Sponsor Licenses

The Tier 2 (General) visa category is for skilled migrants coming to the UK with a job offer. To prove that they have a job offer, migrants submit a document called a Certificate of Sponsorship (CoS) on which their employer certifies their proposed employment conditions. There is an annual limit of 20,700 CoS in the Tier 2 (General) category, broken down into monthly limits. In February 2015 a very high number of CoS were applied for and the limit was exceeded. This means that there are fewer CoS available in March 2015.

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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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