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Impact of Covid-19 on Tier 2 visas
By Georgina Griggs - Immigration Barrister

The breakout of the Coronavirus Pandemic has caused a major change to the way that many businesses operate. Many businesses have suffered losses in revenue which has resulted in employees facing redundancy or being...

 furloughed under the Government’s job retention scheme.  A recent blog explored how Home Office policies are responding to the virus. This post specifically explores the impact of Covid-19 on Tier 2...

Indefinite Leave to Remain for ECAA Turkish Workers or Business Persons
By Zoe Bantleman - Immigration Barrister

Under Council Regulation (EEC) 2760/72 (often referred to as the “Ankara Agreement”) and its Protocol, there are special arrangements for employed and self-employed Turkish nationals in the EU, including in...

 the United Kingdom. The UK became bound by the Agreement and Protocol on 1 January 1973, with its accession to the EU. In my prior post, I discussed the effects of the withdrawal of the UK from the EU for...

Turkish Worker Visa Post-Brexit
By Zoe Bantleman - Immigration Barrister

The Turkish Worker route is not immune to the legislation relating to the withdrawal of the UK from the EU. This post explores the current situation during the transitional period to 31 December 2020, and speculates...

 about the future of the Turkish Worker visa route after Brexit.  Current Turkish Worker Visa Route A Turkish worker visa application is made pursuant to the Association Agreement between the European...

Sole Representative Visa: Genuineness and Legal Certainty
By Zoe Bantleman - Immigration Barrister

In my prior blog posts, we discussed the other amendments to the sole representative visa category.   Paragraph 144 of the Immigration Rules was simple. It placed great trust in the parent company. From the amendments...

 in response to the anxieties, we can see that re-orientation is from the parent company to the sole representative. The Home Office will consider the representative’s skills, knowledge, experience,...

Sole Representative Visa: Facilitating Entry or Stay
By Zoe Bantleman - Immigration Barrister

My prior posts dealt with the new amendments to the sole representative visa category and the anxieties they revealed. Firstly, I considered the changes to ownership and control of the parent company....

 Secondly, I considered the new skills, experience and knowledge requirement. This post considers the third anxiety, the branch/subsidiary being established solely for the purpose of facilitating the entry and stay of...

Sole Representative Visa: Skills, Experience and Knowledge
By Zoe Bantleman - Immigration Barrister

As explained in my earlier posts, the amendments to the sole representative visa category revealed four anxieties that the Home Office had, regarding: Majority ownership and control of the parent company by the...

 representative and/or their partner; The representative’s skills, experience and knowledge (or lack thereof);  The branch/subsidiary being established solely for the purpose of facilitating the entry and...

Sole Representative Visa: Ownership and Control
By Zoe Bantleman - Immigration Barrister

As explained in my earlier post, the  Secretary of State will significantly tighten the sole representative visa category from 4 June 2020.  I long expected these amendments. Compared to other routes under the...

 Rules the requirements for a representative of an overseas business were relatively simple. For at least the past year, the Home Office sought to remedy this through unlawfully reading in an additional...

Sole Representative Visa Route to Change from 4 June 2020
By Zoe Bantleman - Immigration Barrister

In the Statement of Changes in Immigration Rules presented to Parliament in May 2020, released last week, the Secretary of State has made clear that she will significantly tighten the sole representative of an overseas...

 business visa category from 4 June 2020.  As I explain in my subsequent blog posts, although the requirements for a sole representative visa in the Rules are drafted relatively simply, the arguably...

Court of Appeal says Turkish Business Persons had no legitimate expectation of settlement
By Dr. Catherine Taroni - Immigration Barrister

The Court of Appeal decision in R (otao Alliance of Turkish Business People Limited) v Secretary of State for the Home Department [2020] EWCA Civ 553 was handed down this morning (28 April 2020).  The Court was...

 composed of Lord Justice Flaux, Lord Justice Newey and Lady Justice Rose.  The decision challenged was the 2019 decision of Mr Justice Dingemans, accessible here.  The case concerned indefinite leave to...

What is the Shortage Occupation List and why does it make a difference?
By Dr. Catherine Taroni - Immigration Barrister

What is the Shortage Occupation List?  The Shortage Occupation List sets out jobs in short supply in the UK at large, and Scotland specifically.  These jobs can be filled by migrants under the Tier 2 route more...

 easily than others. Basically the Shortage Occupation List identifies skilled roles which migrants are needed to fill.  How does it make a difference? For employers, there are a number of advantages of...

Global Talent Visa: Frequently Asked Questions
By Paul Richmond - Immigration Barrister

In a Statement of Changes to the Immigration Rules (HC56, 30 January 2020) published today, the Home Office has introduced a new Global Talent visa category for talented and promising individuals in specific sectors...

 wishing to work in the UK.  The Global Talent category will replace the existing Tier 1 (Exceptional Talent) category. When will the Global Talent immigration category open? The Global Talent category...

Graduate Immigration Route For Post-Study Work
By Stefania Patuto - Pupil Barrister

As we set out in an earlier article, a new immigration route for graduates was announced on 11 September 2019. The Graduate Immigration Route will enable international students to work in the UK for two years after...

 they have completed their studies. While the Graduate Immigration Route is not yet open, some further details about the route have been provided.  When will the Graduate Immigration Route open?  The new...
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