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When does section 3C leave end?
By Gillian McCall - Barrister Partner

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...

A Guide to the UK Start-up Visa
By Richmond Chambers -

In my previous blog post, I broke down the ‘General Requirements’ for coming to the UK or switching inside the UK to the Start-up visa or Innovator visa. In this post, I will outline the ‘Specific Requirements’...

for Start-ups, focusing on the new endorsement criteria. Who is the Start-up visa for? According to the Rules, “This category is for people seeking to establish a business in the UK for the first...

Revocation of ILR which has been obtained by deception
By Richmond Chambers -

Section 76 of the Nationality, Immigration and Asylum Act 2002 gives the Secretary of State the power to revoke indefinite leave to enter or remain (ILE or ILR) in the United Kingdom in various circumstances including...

where: … 2) leave was obtained by deception; This provision applies to anyone who has indefinite leave to remain, whatever the reasons for granting ILR. It can therefore apply to those who were...

Overstaying and applying for further leave to remain
By Olivia Waddell - Immigration Barrister

When it comes to overstaying, prevention is better than cure. Overstaying in the UK is a criminal offence, and without leave in the UK, you do not have the right to study or work and you are at risk of...

removal. You are also exposed to the UK’s ‘hostile environment’ for overstayers, which means restrictions on the ability to rent accommodation, open a bank account, drive and access medical treatment.   It is...

What is a Pre-Action Protocol Letter?
By Richmond Chambers -

Pre-action protocol is the conduct that the court expects both parties to undertake before commencing proceedings, as set out in the Civil Procedure Rules (CPR). A pre-action protocol letter, or PAP, is a...

legal letter written to the Home Office in order to try and resolve a dispute before court proceedings are commenced. It is sometimes also referred to as a ‘letter before claim’ or ‘letter before action’....

A Guide to Using the UK Immigration ID Check App
By Richmond Chambers -

New biometric processes have been introduced by UK Visa and Immigration (“UKVI”) for immigration applications, in alignment with the recently published biometric reuse policy (see Biometric reuse Guidance published...

in May 2022).  A new application process, which allows biometrics to be registered on a mobile telephone, via the UKVCAS Identity Verification (IDV) mobile app (also known as the UK: Immigration: ID...

Global Talent Visa: Settlement and ILR in the UK
By Georgina Griggs - Immigration Barrister

The UK Global Talent visa is for talented and promising individuals in the fields of science, engineering, medicine, humanities, digital technology and arts and culture wishing to work in the UK.  This is...

often an attractive route for migrants, due to its flexibility with regard to work permissions and its often shorter period for settlement, but what requirements does one need to meet to settle in this category? ...

Curtailment of Leave to Remain
By Richmond Chambers -

The Home Office has wide ranging statutory powers that allow caseworkers to curtail a migrant’s limited leave to remain in the UK.  These statutory powers are supplemented by guidance on curtailment of...

leave which tells caseworkers whether to curtail leave and when to consider using discretion. What does curtailment of leave mean?  The Home Office has power to curtail i.e. reduce or cancel, your existing leave...

Skilled Worker Visa - Evidence of Recruitment
By Georgina Griggs - Immigration Barrister

The Immigration Rules underwent major changes at the end of 2020. The new highly-anticipated Skilled Worker route was introduced and at 9:00am on 1 December 2020 and immigration lawyers across the country...

were rejoicing the perceived abolition of the formulaic Resident Labour Market Test.  Whilst the new Appendix Skilled Worker does not strictly require a Resident Labour Market Test to have taken place, the Home...

A Guide to UK Visa and Citizenship Appointments
By Richmond Chambers -

What is UKVCAS? UKVCAS stands for ‘UK Visa and Citizenship Application Services’. It is the system for processing immigration applications made from within the UK for leave to remain, including all extension...

applications, and any switching between visas, as well as applications for both settlement and citizenship. What are “core service points”? There are three different types of UKVCAS centres, or...

UK Visa Requirements for Australian Citizens
By Richmond Chambers -

Many Australian citizens have some connection to the UK which may give rise to a basis on which they can apply for a visa to move to the UK.  For example, as a citizen of Australia, you might have a British parent,...

grandparent, or partner. In this post we look at the options you might have for relocating to the UK as an Australian with a British parent, grandparent or partner, as well as alternative UK visa options...

Dos and don'ts of conducting business on a visit visa
By Stefania Patuto - Immigration Barrister

Whilst there is not a specific visit visa for a business person, you can be granted a Visit (Standard) Visa for business purposes. If you are able to obtain a visit visa then you must comply with the general requirements...

of the visit visa and the specific sections of the Immigration Rules aimed at those conducting business of any kind. As a visitor you will be restricted as to what you can and can’t do. General...
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