Immigration Barristers' Blog

Welcome to the blog of Richmond Chambers, where our immigration barristers provide updates and commentary on the latest developments in UK immigration law. Contact us to find out how our immigration barristers can help you achieve a successful outcome to your immigration case.
Richmond Chambers

Analysis: Government proposal on EU citizens’ position post-Brexit

Analysis: Government proposal on EU citizens’ position post-Brexit

On 26 June 2017, the Home Secretary presented to Parliament the Government’s proposal on the rights of EU citizens living in the UK after Brexit, previously proclaimed by the Prime Minister at the EU leaders’ summit in Brussels the week before.

Catherine Taroni

The Rights of Family Members of Dual EEA - UK Nationals following Naturalisation The AG’s Opinion in Lounes

The Rights of Family Members of Dual EEA - UK Nationals following Naturalisation
The AG’s Opinion in Lounes

The important High Court referral in Toufik Lounes, discussed here, referred the following questions to the Court of Justice:

Sophia Xiang

Applying to extend a Tier 1 (Investor) visa - the balance of funds requirement

Applying to extend a Tier 1 (Investor) visa - the  balance of funds requirement

On 6 November 2014, the immigration rules changed significantly for the Tier 1 (Investor) category. Investors who were initially granted a Tier 1 (Investor) visa under the rules in place after 6 November 2014 must invest all of their funds in the UK by way of qualifying investments, (i.e. by way of government bonds, share capital or loan capital in active and trading UK registered companies). However, investors who were initially granted a Tier 1 (Investor) visa under the rules in place before 6 November 2014 are required to have invested not less than £750,000 of their capital in the UK by way of qualifying investment and to have invested the remaining balance of £1 million in the UK by the purchase of assets or by maintaining the money on deposit in a UK regulated financial institution.

...
Gillian McCall

Tier 1 Entrepreneurs: What to do if you are refused on the grounds of genuineness

Tier 1 Entrepreneurs: What to do if you are refused on the grounds of genuineness

The genuine entrepreneur test was first brought into the Immigration Rules in January 2013; first applying only to initial applications to enter the category and then later being applied to extension and settlement applications as well. The test is relatively vague and can be applied inconsistently. This article will consider what the genuine entrepreneur test is, and what options individuals have if their application is refused on the basis that they are not genuine.

Peter Blackwood

British Nationality Deprivation Appeals – Not Dead Yet

British Nationality Deprivation Appeals – Not Dead Yet
In Pirzada (Deprivation of citizenship: general principles) [2017] UKUT 196 (IAC) the Upper Tribunal appears to limit the issues in an appeal against a Home Office decision to deprive a person of their British citizenship status. It is arguable that the Upper Tribunal erred, not least as this aspect of the decision is at odds with other relevant decisions.
 
Paul Richmond

Richmond Chambers featured in new report on innovation at the Bar

Richmond Chambers featured in new report on innovation at the Bar

In recent years, the Bar has faced rapid and unprecedented change. A new report from Thomson Reuters entitled ‘Innovation at the Bar - Who is leading the way?’ looks to explore how the Bar is responding to these changes. The report includes case studies from those at the forefront of change and examines key areas of innovation at the Bar.

Richmond Chambers

Upper Tribunal again emphasises the importance of Home Office Guidance

Upper Tribunal again emphasises the importance of Home Office Guidance

In the recent case of SF and others (Guidance, post-2014 Act) Albania [2017] UKUT 00120 (IAC), the Upper Tribunal has emphasised the importance of Tribunals considering relevant Home Office Guidance if pertinent to the case, even if no submissions on said guidance are made by the Appellant.

Richmond Chambers

Changes to the Tier 4 Student category

Changes to the Tier 4 Student category

Statement of changes to the Immigration Rules: HC1078, announced on Friday 17th March 2017, introduces various change to Tier 4 Visas, which cover students. Amendments will seek to ensure stronger care protections for those who fall within the “Child” subcategory, as well as setting higher standards which institutions and students must reach if they wish to be considered under the “General” category.

Richmond Chambers

More changes to Tier 1 of the Points-Based System

More changes to Tier 1 of the Points-Based System

Statement of changes to the Immigration Rules: HC1078, announced on Friday 17th March 2017, introduces various amendments to Tier 1 of the Points-Based System. Tier 1 of the Points-Based System caters for high value migrants, and currently consists of four active categories: Tier 1 (Exceptional Talent), Tier 1 (Entrepreneur), Tier 1 (Investor) and Tier 1 (Graduate Entrepreneur). It also includes the Tier 1 (General) category, which was closed to new applicants in April 2011 but remains open for settlement applications.

Richmond Chambers

Upcoming Changes To Tier 2 Immigration Rules

Upcoming Changes To Tier 2 Immigration Rules

On 16 March 2017, the Government presented a new Statement of Changes to the Immigration Rules (HC 1078). Guided by the Migration Advisory Committee’s recommendations, these changes are likely to affect business immigration, in particular those migrating to the UK under the Tier 2 points based system.

Richmond Chambers

Changes to family migration and visit rules announced

Changes to family migration and visit rules announced

New changes to the Immigration Rules, announced on Friday 17th March, will affect personal immigration and in particular those applying for the Family Route (Appendix FM of the Immigration Rules).

Richmond Chambers

New Opportunity For Members Of The Immigration Bar

New Opportunity For Members Of The Immigration Bar

Richmond Chambers LLP invites applications from established immigration barristers of all levels of call to join our immigration team on a dual practice basis. This is an exciting opportunity for successful members of the bar to supplement their existing practice with good quality direct access work.

Richmond Chambers

Richmond Chambers shortlisted for Foreign Direct Investment Award

Richmond Chambers shortlisted for Foreign Direct Investment Award

Richmond Chambers is delighted to announce that we have been shortlisted for the ‘Immigration Specialist Firm or Practitioner of the Year’ category at the Foreign Direct Investment (FDI) Awards 2017.

Gillian McCall

Making an Application for Exceptional Talent/Promise to the Arts Council

Making an Application for Exceptional Talent/Promise to the Arts Council

The Exceptional Talent and Exceptional Promise categories are some of the most flexible immigration categories that a person can enter to work in the UK. Home Office guidance states that ‘We recognise that such talented individuals should have few restrictions on their economic activity once here. If you qualify, the route allows you to work and change employers, or to be self-employed, without the need for further authorisation or to be sponsored for employment in a specific post.’

Richmond Chambers

Home Office has ‘the clearest obligation’ to serve relevant policy guidance

Home Office has ‘the clearest obligation’ to serve relevant policy guidance
In the recent case of UB (Sri Lanka) v Secretary of State for the Home Department [2017] EWCA Civ 85, the Court of Appeal has found that the Secretary of State has ‘the clearest obligation’ to serve relevant past policy documents and ensure that they are before the Tribunal.
 
Richmond Chambers

Tier 2 Immigration Skills Charge to be introduced in April 2017

Tier 2 Immigration Skills Charge to be introduced in April 2017

From April onwards, employers will be charged up to £1000 per annum for each non-EEA worker that they sponsor.

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Paul Richmond

Tier 1 Investor and Entrepreneur Visa Approvals Remain Strong

Tier 1 Investor and Entrepreneur Visa Approvals Remain Strong

Figures released by the Office for National Statistics today reveal that the number of Tier 1 (Investor) visa applications approved during Q3 and Q4 of 2016 was up 62% on the first two quarters of the year. Meanwhile, the number of Tier 1 (Entrepreneur) visas granted during the second half of the year remained broadly the same as in the previous 6 months.

Richmond Chambers

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Supreme Court hands down judgment in MM (Lebanon) minimum income requirement case

Exactly 12 months after starting to hear the case, the Supreme Court has today handed down its long-awaited judgment in R (on the application of MM (Lebanon) (AP) (Appellant) v. Secretary of State for the Home Department (Respondent) [2017] UKSC 10.

Richmond Chambers

Civil Penalty Appeals Can Be Heard By The Court of Appeal

Civil Penalty Appeals Can Be Heard By The Court of Appeal

In Secretary of State for the Home Department v Akbar [2017] EWCA Civ 16 (19 January 2017) the Court of Appeal has ruled that it has jurisdiction to hear appeals from the County Court concerning civil penalties imposed under the 2006 Act for employing illegal workers.

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Richmond Chambers

Best interests of children can be outweighed by parental misconduct

Best interests of children can be outweighed by parental misconduct

In Kaur (children's best interests / public interest interface) [2017] UKUT 14 (IAC) (10 January 2017) the Upper Tribunal has given further guidance on the assessment of children’s best interests in the context of Article 8. Specificially, the Upper Tribunal considered the scope of the principle that a child must not be blamed for matters for which he or she is not responsible, such as the poor immigration history of a parent.

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Latest Articles

27 June 2017
On 26 June 2017, the Home Secretary presented to Parliament the Government’s proposal on the rights of EU citizens living in the UK after Brexit, previously proclaimed by the Prime Minister at the EU leaders’ summit in Brussels the week before. ...
23 June 2017
The important High Court referral in Toufik Lounes, discussed here, referred the following questions to the Court of Justice: ...
21 June 2017
On 6 November 2014, the immigration rules changed significantly for the Tier 1 (Investor) category. Investors who were initially granted a Tier 1 (Investor) visa under the rules in place after 6 November 2014 must invest all of their funds in the UK ...
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