Immigration Barristers' Blog

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A new report from London First and PwC has revealed that international students have a positive impact on the UK economy.

According to the research:

  • International students in London bring a net benefit of £2.3 billion to the UK economy.
  • They support nearly 70,000 jobs in London because of the money they spend here.
  • It is not true that international students are a burden to our public services, such as the NHS. They contribute a total of £2.8 billion through the spending they bring to the country, while only consuming £540 million in public spending.
  • 60% of international students including alumni said they are more likely to do business with the UK as a result of studying here.
  • London’s Higher Education system is an export success story, with 92% of students saying that they would recommend studying in the UK to their friends and family.

In a recently reported case on a renewed application for permission to proceed with a claim for judicial review, the Tribunal has flexed its muscle again and demonstrated its willingness to use even the most draconian of mechanisms in the Procedure Rules to remedy omissions or short-comings at the interim relief or permission stage. The President of the Upper Tribunal has given guidance on the power of strike out under rules 7 and 8 of The Tribunal Procedure (Upper Tribunal) Rules 2008: R (SN) v SSHD [2015] UKUT 00227 (IAC). By any reckoning the conduct of the Applicant's representatives was particularly egregious and the President expressed sadness at having been driven to the extremes of making orders to strike out the applicant’s case under r. 8(3) of the Procedure Rules 2008, to refuse to reinstate under r. 8(5) and to order wasted costs against the Applicant’s solicitor and counsel under r. 10(3)(d) of the same.

The European Commission has presented its European Agenda on Migration, which outlines the steps to be taken in the coming years to better manage migration in all its aspects, as well as immediate measures to be taken to respond to the crisis situation in the Mediterranean.

The collective EU migration policy has fallen short, says the Commission, and therefore the European Agenda on Migration contains a set of mutually coherent and reinforcing initiatives, based around four pillars, to manage migration better in all its aspects.

If an employer wants to employ a non EEA-national who does not already have the right to work for them, they must have a Tier 2 Sponsor Licence and assign a Certificate of Sponsorship (CoS) to the prospective employee. The employee will then use this CoS to apply for a Tier 2 (General) visa.

Although much of the Immigration Act 2014 (‘the 2014 Act’) deliberately makes the lives of people in the UK much more difficult (including those of British citizens, not “just” migrants and their families) there are some helpful provisions - in particular, new provisions enabling people born to unmarried British citizen fathers before 1 July 2006 to register as British citizens.

In January 2013, the ‘genuine entrepreneur test’ was introduced for applicants applying to enter the Tier 1 (Entrepreneur) category, for both in-country and entry clearance applications. This test only applied to the initial application made to enter the category, and once in the category Entrepreneurs did not need to meet any further subjective test about the genuineness of their business activity. At the extension and settlement stages, it was simply necessary to provide the required documents to obtain the points claimed.

According to a recently released report from MigrationWatch UK – an organisation which campaigns for stricter immigration control, immigration data from the Office for National Statistics, indicates that since 1997, approximately 66 per cent of new households created have a figurehead who was born outside the UK.

Members of the European Parliament’s Civil Liberties Committee have said that EU asylum applications for unaccompanied minors should be processed in the EU country where the child is present, even if this is not where the child first applied.

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With the government’s ‘immigration health surcharge’ having come into force on 6 April, efforts to gain funds from non-EEA ‘temporary’ migrants have been stepped up. There is to be an annual charge and this is payable upfront, though will be refunded if the application is withdrawn or refused. The issue of NHS access and sickness insurance for EEA nationals living within the UK, however, is not so clear. While Union citizens who have acquired a right of permanent residence are entitled to access the NHS on the same basis as UK citizens, this is not the case for all Union citizens.

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Alimanovic raised the question whether a Member State may exclude nationals of other Member States who are not, or are no longer, economically active and are in need of assistance from entitlement to non-contributory subsistence benefits. As AG Wathelet identified, “The problem is sensitive in human and legal terms.”

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The Immigration Rules provide for the possibility of those who have been discharged from the armed forces to make applications for leave to remain in the UK on temporary and permanent bases.

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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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