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Making a Fast-Track Subject Access Request via the Pilot Scheme
By Richmond Chambers -

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...

Amending Grounds in Judicial Review Proceedings
By Alexis Slatter - Immigration Barrister

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 guidance provides that the exercise of...

Deportation and the application of Zambrano
By Richmond Chambers -

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 the case of Zambrano, decided by the European Court of Justice, it was held that a member state could not remove a third country national if the effect of...

Upper Tribunal provides guidance on validity and recognition of proxy marriages
By Alexis Slatter - Immigration Barrister

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. This case was heard before the Upper Tribunal on 10th September 2015 and published on 14th April 2016....

ONS Publishes Latest Immigration Statistics
By Richmond Chambers -

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. At...

the same time, it published its Short Term International Migration (STIM) release, which gives estimates of short-term migration in the year ending (YE) June 2014. The key findings of the reports...

Potential Impact of Cuts to EU Migration
By Richmond Chambers -

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. This is one of the key findings of new analysis by the Migration Observatory at the University of Oxford, which also found that most jobs in the UK labour market are not eligible for...

Home Office possession of a passport indicates that an immigration application was made
By Richmond Chambers -

In  Ufot, R (On the Application Of) v Secretary of State for the Home Department[2016] EWCA Civ 298 (10 February 2016)  the Court of Appeal considered whether,...

on the balance of probabilities, an application for leave to remain as a Tier 4 (General) Student had been made prior to the expiry of the Appellant’s leave.

Genuine Earnings and Tier 1 (General) settlement applications
By Richmond Chambers -

Persons applying for indefinite leave to remain in the UK as a Tier 1 (General) Migrant must meet the requirements within paragraph 245CD of the Immigration Rules. Paragraph 245CD(e) and (f) require the applicant...

to score either 75 or 80 points (depending on the applicant’s particular circumstances) for attributes under Appendix A to the Immigration Rules.  A set number of points will be awarded based on,...

Evidential flexibility in leave to remain applications
By Richmond Chambers -

In SH (Pakistan) v Secretary of State for the Home Department[2016] EWCA Civ 426 (18 February 2016) the Court of Appeal considered whether the Home Office’s former “evidential flexibility” policy was broader...

and more flexible than the “evidential flexibility” rule contained at paragraph 245AA of the Immigration Rules, which provides an opportunity for PBS applicants to produce additional evidence in...

Latest Tier 1 Investor and Tier 1 Entrepreneur visa statistics released
By Gillian McCall - Barrister Partner

The latest quarterly statistics on net migration have been released today with some interesting news in the Tier 1 category. This blog will look at what the statistics...

show about Tier 1 Entrepreneur and Investor applications.Entrepreneurs  Country  Number of Entrepreneurs granted Entry Clearance  China  43  Pakistan  18  Hong...

New Appendix SN: Service of Notices
By Richmond Chambers -

Appendix SN is a new appendix to the Immigration Rules introduced by Statement of Changes in Immigration Rules HC877 and deals with service by the Home Office of various decisions in relation to immigration matters....

It has effect for all applications made on or after 6 April 2016 and for some applications submitted before that date. It has the potential to infect almost every area of immigration practice. The...

Immigration appeal fees set to rise by over 500%
By Richmond Chambers -

The government has published a consultation paper proposing new fees for proceedings in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and...

Asylum Chamber) on 21 April 2016. Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.
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