Immigration Barristers' Blog

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Figures released by the Office for National Statistics on 25 August 2016 reveal that the number of Tier 1 (Investor) and Tier 1 (Entrepreneur) visas granted in the second quarter of 2016 remained broadly stable when compared with the number granted in both the previous quarter and the same quarter in 2015. However, overall the refusal rate for both Tier 1 (Investor) and Tier 1 (Entrepreneur) visa applications has increased.

Posted by on in EU Law

The European Commission has recently presented proposals to complete the reform of the Common European Asylum System.

The first quarterly report of 2016 scrutinising the work of Home Office Immigration Directorates has been published by the Home Affairs Committee.

The Court of Appeal, composed of Lord Justice Tomlinson and Lady Justice Rafferty DBE, heard argument in CT (Vietnam) [2016] EWCA Civ 488 on 5 May 2016. This was an appeal from the decision of the Upper Tribunal, whose outcome protected CT from deportation.

In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and where his application was refused on the basis that his marriage was one of convenience, the applicant could be removed while his appeal against that refusal was pending.

The Immigration Rules provide those with United Kingdom ancestry with a route to settlement in the UK. The relevant provisions are set out within paragraph 186 of the Immigration Rules and this application can only be made from overseas; it is not possible to apply for leave to remain, or to switch into this category, from within the UK.

Posted by on in Settlement in the UK

Eligibility for settlement as a Tier 2 Migrant can vary depending on when you applied for your visa. If you are eligible for settlement, the main requirements are set out here.

Section 2 of the EU Referendum Act 2015 set out entitlement to vote in the 23 June 2016 EU referendum:

Save for visitors and those authorised to obtain leave to enter the UK by passing through an automated gate, the statutory power to give or refuse leave to enter the UK and to give leave to remain or to vary any (duration of or conditions attached to) a person’s leave to remain; must be exercised by notice in writing given to the person affected: section 3(3)(a) and 4(1) of the Immigration Act 1971.

The Immigration Act 2014 resulted in the loss of appeal rights to the independent Immigration and Asylum Tribunal for many immigration decisions. Individuals can now seek an administrative review in place of an appeal.

Posted by on in EU Law

The Court of Justice of the European Union has given its ruling in a case brought by the European Commission against the UK over its policy of refusing access to certain benefits to non-British EU citizens.

As you will be aware, the outcome of the EU Referendum held in the UK on 23 June 2016 is that the United Kingdom has voted to leave the EU.

In the judgment of Rajendran (s117B – family life) [2016] UKUT 00138 (IAC) the Upper Tribunal (comprising Upper Tribunal Judges Storey and Perkins) reviewed the provisions of section 117B of the Nationality, Immigration and Asylum Act 2002 (as amended) (the ‘2002 Act’) relating to the ‘little weight’ provisions within section 117B(4) and (5) in the context of precarious family life cases.
 
An individual is entitled to exercise their right to obtain information that is held about them under the Data Protection Act 1998. This process is known as a Subject Access Request. The ‘subject’ or ‘data subject’ means an individual. ‘Access’ is the statutory right that an individual has to obtain a copy of the information. In the immigration context, a Subject Access Request allows an individual to access their immigration record held by the Home Office.
 

The President of the Upper Tribunal (Immigration and Asylum Chamber) has recently given guidance on the correct approach to be adopted in applications to amend grounds in judicial review proceedings in R (on the application of Spahiu and another) v Secretary of State for the Home Department (Judicial review – amendment – principles) IJR [2016] UKUT 00230 (IAC).

The European Court of Justice will soon make clear the basis on which Zambrano carers can be deported in answering questions referred to it by the Upper Tribunal (IAC) of the UK and Supreme Court of Spain. Advocate General Szpunar has now provided his opinion.

In Proxy Marriage - Cudjoe (Proxy marriages: burden of proof) [2016] UKUT 180 the Upper Tribunal provided guidance on the validity and recognition of proxy marriages. A proxy marriage involves a union where one or both parties are not present but are represented by another individual, often a family member.

The Office for National Statistics (ONS) recently released its latest Migration Statistics Quarterly Report, which gives estimates of long-term international migration to and from the UK up to December 2015.

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Employers in different sectors of the UK economy could be affected in very different ways if measures are introduced to restrict the jobs that EU migrant workers can occupy following a vote for the UK to leave the EU.

The UK Government’s Immigration Bill has received Royal Assent, completing its passage through Parliament to become law.

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