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Recent blog posts

Members of the European Parliament have voted on a resolution calling on the EU to do everything possible to prevent further loss of life at sea.

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Following the introduction of the Immigration Act 2014, applicants who apply under Tier 1, Tier 2, Tier 4 and Tier 5 of the points-based system no longer enjoy a full right of appeal.   Where the initial application includes a human rights claim, it is still technically possible to challenge any refusal of a points-based application on human rights grounds. However, the instances in which this will offer an effective remedy are likely to be few and far between. For most unsuccessful points-based system applicants therefore, the only option will be to apply for Administrative Review of the refusal decision by an official acting on behalf of the Secretary of State.

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Posted by on in Immigration Policy

Those in the UK as Tier 2 General migrants need to be sponsored by an employer – but this does not mean that they have to stay with the same employer throughout their time as a Tier 2 General migrant. They may change employer, but they will need to obtain sponsorship from the new employer and apply for a new Tier 2 General visa. This also means that if the migrant continues to work with the same employer, but their job changes, they might need to make a new visa application.

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Ordinarily, UK immigration law governs the rights of entry and leave to remain of non-EU family members of UK nationals and the Immigration Rules, with their strict financial requirements, apply. Even though British citizens are also Union citizens, EU law is not normally relevant until there has been some cross-border movement. For example, a British citizen working in France is able to be joined by his/her family members with few restrictions, just as a German national running a business in the UK is able to be joined by his/her family members.

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When is an investment in residential property, or a property-related business, a permitted investment for the purpose of applying for, or extending, a Tier 1 Investor or Entrepreneur visa? Can investors and entrepreneurs invest in residential property? How about investment in businesses involved in property construction or property refurbishment? Or estate agencies? Or hotels? In this article, we examine when residential property-related investment is, and is not, permitted under the Immigration Rules for investors and entrepreneurs.

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The European Commission has published details of ten immediate actions it intends to take in response to the migration crisis situation in the Mediterranean.

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Turkish business persons are able to switch to an Ankara Agreement visa from any other immigration category and must meet the 1973 business requirements, which are far less stringent than the UK Immigration Rules’ requirements for other non-EU entrepreneurs. Under the Tier 1 (Entrepreneur) route, non-EU Entrepreneurs with access to £200,000 funds to invest in a UK business can qualify to live and work in the UK with their dependent family members. Such Entrepreneurs must meet an English Language requirement, and their funds must be available and held in a regulated financial institution and be freely transferable to the UK. (There are also other categories of Tier 1 (Entrepreneur), but these are not considered in this post).

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The Migration Observatory at the University of Oxford has published a new commentary analysing the numbers and characteristics of recent migrant workers in the UK.

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Successful Tier 1 (Entrepreneur) applicants will have their leave granted subject to a number of conditions. One of these conditions is that you cannot work for a business other than your own. The condition states:

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Those who have overstayed and want to regularise their stay on the basis of their relationship with a partner in the UK have to show that there would be ‘insurmountable obstacles’ to their family life continuing outside of the UK in order to succeed in an application for leave to remain. For those with children, though, the test is different.

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Posted by on in British Citizenship

If you are age 10 or over and are applying to become a British citizen, the Secretary of State will need to be satisfied that you are of “good character”. Although the requirement is worded slightly differently depending on whether the application is for registration or naturalisation, effectively the test is the same as in both types of application the onus is on the applicant to satisfy the Secretary of State that he or she is of good character.

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Effective 8 April 2015, exit checks will take place at all UK airports and ports, with information contained in passports and travel documentation being gathered from those leaving the country, whether by air, sea or rail.

The government believe that information collected allow them to establish if those entering the UK, leave when they are supposed to, which in turn will improve their ability to identify and thereafter examine immigration visas which are being abused.

As for all applications for leave, applications for leave to remain can be refused on general grounds which may be mandatory (rules 322(1) –322(1C)) or discretionary (rules 322(2) - 322(12)) but in respect of each wrongdoing or failure by the applicant alleged by the decision-maker, the burden of proof rests upon the decision maker to establish any precedent fact.

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In March 2015, the Court of Appeal published a decision on the Entrepreneur category: Iqbal & Dependants v Secretary of State for the Home Department [2015] EWCA Civ 169. This is currently the most senior court to have considered the Entrepreneur category.

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For those applying for entry clearance or leave to remain in the UK as a partner under Appendix FM of the Immigration Rules the applicant is required to satisfy a financial requirement. This can be met in a number of different ways, including relying on cash savings.

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Article 6 of the Citizens’ Directive, Directive 2004/38/EC, gives a right of residence for up to three months for Union citizens and their family members in possession of a valid passport who are not nationals of a Member State, providing these persons accompany or join the Union citizen.

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Pregnant immigrants are failing to seek essential antenatal medical care in the UK because they are afraid of deportation or of running up debts they cannot repay, a recent report has claimed.

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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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