Immigration Barristers' Blog

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In July 2012 Immigration Rules came into effect that set a minimum threshold requirement of £18,600 per annum, for British citizens or those settled In the United Kingdom to sponsor a non EEA national. This threshold rises to £22,400 to sponsor a child who is not British, with an additional £2,400 for each additional child who is not British thereafter.

Business Group London First has recently published details of its response to the call for evidence launched by the Migration Advisory Committee (MAC) as part of its review of the Tier 2 migration route.

The Court of Justice of the European Union (CJEU) has recently given further clarification on the right of immigrants to certain non-contributory social security benefits.

Patient heath care is being, and will continue to be, comprised as a direct result of the tough immigration rules in the United Kingdom, NHS chiefs have warned.

The Government has announced that its Immigration Bill will contain a new offence of driving while unlawfully in the UK. Anyone convicted will face a sentence of up to six months in prison and an unlimited fine in England and Wales.

Recent research has revealed that up to 15,000 British children are separated from one of their parents because the Immigration Rules introduced in July 2012 do not allow both of their parents to live together in the UK.

In the case of R (Mehmood and Anor) v The Secretary of State for the Home Department [2015] EWCA Civ 744 heard on 7 July 2015, the Court of Appeal confirmed that Judicial Review is not appropriate in challenging ETS deception cases where no ‘special’ or ‘exceptional’ circumstances exist – the right to an out-of-country appeal is an adequate remedy.

The latest figures from the Office for National Statistics (ONS) have revealed that net migration to the UK has reached the highest level on record.

As international rugby players from around the world arrive in the UK for the start of the Rugby World Cup 2015, now seems as good a time as any to reflect on the immigration routes that are available to overseas rugby union professionals who wish to undertake sporting activities in the UK.

It is the declared aim of the government to make the UK a hostile environment for migrants as, it claims, this will contribute to its aim of reducing the level of net migration.  They are rapidly making progress, at least with regard to the hostile environment, with regard to both EU and non-EU migrants. Quite what the long-term impact of this will be for life in the UK remains to be seen; however current figures indicate that the net migration target is not being met. This article discusses just one aspect of the hostile environment – that of requiring non-EU spouses of UK based EU migrants to leave the UK when the Home Office assess the marriage to be one of convenience - an approach which received the support of the Upper Tribunal in the case of R (on the application of Bilal Ahmed) v Secretary of State for the Home Department (EEA / s10 appeal rights: effect) IJR [2015] UKUT 00436 (IAC).

Posted by on in Immigration Policy

Section 3C of the Immigration Act 1971 is an important provision for any migrant in the UK. This section allows a person who has submitted an in-time application to extend their stay in the UK (i.e. if they submit their application before their leave expires) not to become an overstayer while their application remains outstanding. This means that if an individual submits an application when they have leave to remain, and the Home Office do not make a decision on that application until after their leave would have expired, their leave is automatically extended with the same conditions. This means that people do not become temporary overstayers while their applications are outstanding and they do not lose their right to work (if they previously had one). Periods of time spent with leave extended by s3C also count towards continuous long residence for the purpose of settlement.

The British Nationality Act 1981 allows for British citizenship to be acquired through naturalisation:

In the case of Singh & Anor v Secretary of State for the Home Department[2015] EWCA Civ 630, the Appellants, two brothers, appealed against the decision of Upper Tribunal Judge Kebede, dismissing their appeal against the decisions of the Secretary of State refusing their applications for indefinite leave to remain outside the Immigration Rules. The Appellants brought their appeal on the basis that the Secretary of State laid down too strict a test in determining whether they had a family life, and therefore that the Upper Tribunal wrongly held that they had no family life for the purposes of Article 8, and that their right to a family life was infringed by the decision of the Secretary of State.

Posted by on in Right of Residence

The Citizen’s Directive, Directive 2004/38, introduced a new and updated right of permanent residence, open to all EU nationals who exercised Treaty rights in a host Member State for a continuous period of five years, and to their family members.

The latest quarterly immigration statistics released by the Office for National Statistics last week reveal a substantial drop in the number of Tier 1 Investor visas granted during the first six months of 2015.

Posted by on in Skilled Workers

The ‘cooling off’ period means that most skilled workers cannot apply to come to the UK if they have had entry clearance or leave to remain as a Tier 2 migrant at any time during the 12 months immediately before the date of application.

The right of permanent residence under EU law is acquired by Union citizens and their family members after five years’ continuous legal residence in a host member state.

Measures to be introduced under the new Immigration Bill will include the possibility of a jail sentence for migrants working illegally in the UK, the Government has announced.

The Immigration Bill, due to be introduced this autumn, will include a range of new powers to deter people from trying to find work here illegally and measures to deal more effectively with rogue businesses who offer them employment.

Establishing British citizenship can often be a complex matter. However, children born in the UK may, in certain circumstances, have an entitlement to British citizenship. A child’s claim to British citizenship may arise in the following (albeit non-exhaustive) circumstances:

The UK Government has recently announced the introduction of new rules for people interested in acquiring (or extending) a UK visa. The new rules, published earlier this month, require those who are applying for a UK visa to apply for a Biometric Residence Permit (BRP) at the same time.

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