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British Citizenship for Overseas Adopted Children
By Richmond Chambers -

In this guide we answer the top 10 most frequently asked questions about applications for British Citizenship for children adopted overseas.  If you are a British citizen and you are considering making an application...

for British Citizenship for a child adopted overseas then read on to find out more about the requirements for British Citizenship for a child adopted abroad, how to apply for British Citizenship for an...

What Is Leave Outside the Immigration Rules?
By Alexandra Pease - Barrister Partner

In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain based on the most exceptional compelling...

compassionate grounds. Leave To Remain Outside the Immigration Rules (LOTR) Guidance The Home Office policy document entitled Leave outside the Immigration Rules guidance, Version 1.0, dated 27 February...

Court of Appeal Revisits “Unduly Harsh” Test
By Richmond Chambers -

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly...

be met, referencing the leading decisions in KO (Nigeria) and HA (Iraq). Factual Background of MI (Pakistan) v SSHD Muhammad Imran, a Pakistani national, entered the UK in September 2020 as the spouse of a...

Policy Change for Extended Family Members of UK-based EU Citizens
By Geraldine Peterson - Immigration Barrister

As has been set out in previous articles, some extended family members of UK resident EU citizens may no longer make applications to remain in or join their family members in the UK under the EU Settlement Scheme.  However...

after 31 December 2020 there began to be problems with those who had made their applications before that date (the end of the withdrawal period); or those who had been unable to travel to the UK...

How to Apply for an International Sportsperson Visa
By Richmond Chambers -

If you are an elite sportsperson or qualified sports coach, over the age of 16, and wanting to enter the UK, the International Sportsperson visa route may be of interest to you.  You will need to be recognised...

as being at the highest level of your sport internationally. You will also need to be sponsored on a short or long-term contract and have been endorsed by an appropriate UK sports governing body. Recently,...

Oral Evidence From Abroad in the Immigration Tribunal
By Alex Papasotiriou - Immigration Barrister

When can the First Tier Immigration Tribunal hear oral evidence from abroad? When the foreign state, from where oral evidence is to be taken, says so. Or rather, when the Foreign, Commonwealth and Development Office...

(FCDO) says that the foreign state says so. So said the Upper Tribunal in Agbabiaka (evidence from abroad; Nare guidance) [2021] UKUT 00286 (IAC). At a time when the Tribunal, having had to adapt to the...

Tier 1 Entrepreneur ILR, Covid & Continuous Residence
By Dr. Catherine Taroni - Immigration Barrister

In accordance with the current Immigration Rules and the Entrepreneur Guidance, entrepreneurs are unable to settle as Tier 1 Entrepreneurs in the five year route if the Covid pandemic has made them be out of the...

UK for more than 180 days in a 12 month period. This is taking into account the deadline for entrepreneurs to extend their leave and apply to settle by April 2025 at latest. The full requirements for ILR as...

Early Settlement Concession for Young People in the UK
By Richmond Chambers -

In this post, we look at the recent change in Home Office policy which welcomes young people who were born or brought up in the UK without immigration status to apply for early settlement. The old rule – which...

was introduced in 2012 – provided that young people (defined as those between the ages 18 to 24) who had spent more than half of their lives in the UK could  apply for settlement after 10 years of...

Criminality, Serious Harm & Immigration Decisions
By Georgina Griggs - Immigration Barrister

When making an application for entry clearance or leave to remain (permission to stay) in the UK, migrants must meet various suitability requirements and must show that their application does not fall for refusal...

or cancellation under the general grounds. The general grounds for refusal are set out in Part 9 of the Immigration Rules. They apply to all applications, though there are some limits in their application...

Start-up & Innovator Visas: What Is a Good Business Idea?
By Richmond Chambers -

In order to qualify for a UK Start-up or Innovator visa you will need to have a business idea that is innovative, viable and scalable. This is initially required at the endorsement stage; a letter of endorsement...

from an approved endorsing body which confirms this is required to apply for the visa. Once you receive an endorsement you must apply for the visa within 3 months. See our earlier blog post here for more...

Minister of Religion Visa: Guidance for Religious Organisations
By Dr. Catherine Taroni - Immigration Barrister

Much like applicants in the Skilled Worker route are sponsored by businesses who hold valid sponsor licences, the new T2 Minister of Religion Visa route enables applicants aged 18 or over to be sponsored as ministers...

of religion by a religious organisation which has charitable status (or by the Ministry of Defence).  This route replaced the previous Tier 2 (Minister of Religion) route.  Minister of Religion Visa:...

New Requirements for Sole Representative Visa ILR
By Richmond Chambers -

In the recent changes to the Immigration Rules on 6 October 2021, the Secretary of State drastically changed the requirements for representatives of an overseas business to qualify for indefinite leave to remain.  These...

changes were implemented with little notice (less than a month) and went relatively unnoticed by practitioners, but they signal the tightening of this route before the opening of the Global Business...
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