KNOWLEDGE

CENTRE

Appeals against deprivation of British citizenship

In an earlier blog post, we covered the scope of the Secretary of State’s statutory power to deprive an individual of their British citizenship. In this post we will explore the scope of an appeal to the First-tier...

Tier 1 Investor Visa: Control of Funds Requirement

It is a core principle of the Immigration Rules that in order to qualify for an initial grant of leave as a Tier 1 Investor, an applicant must have money of their own, under their control.  In this post we look...

Home Office’s Policy on Children Found “Untenable”

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important...

The deportation of EEA nationals: distinguishing a right from a privilege

The circumstances under which an EEA national in the UK can be deported are a great deal narrower than those under which a non-EEA national can be deported. Section 3(5) of the Immigration Act 1971 states...

Immigration Health Surcharge Set To Increase

In a written statement from The Minister of State for Immigration, Caroline Noakes, the Government expressed the intention to increase the Immigration Health Surcharge (IHS) payment. Immigration Health Surcharge...

4 things you should know about the Statement of Changes to the Immigration Rules, published 11 October 2018

On 11 October 2018, the Home Office published a Statement of Changes to the Immigration Rules.  In this post, we will consider the main elements of the changes. Implementation of the next phase of the roll-out...

More Delay: Upper Tribunal considers delay in Home Office decision-making

In two earlier blog posts  we examined how quickly an individual can expect an application to be decided, current visa processing times and the approach to delay.   Further Legal Developments The Upper Tribunal...

The Dangers of Specified Information and Documents for Tier 1 (Entrepreneurs): Awan v SSHD [2018] EWCA Civ 1988

In the case of Awan v Secretary of State for the Home Department [2018] EWCA Civ 1988, Underhill LJ considered whether to permit Awan to appeal against the decision of the Upper Tribunal, which had upheld the refusal...

Deportation - Part 1: An Overview

In ensuring the myriad of laws, rules and policies that make up the UK’s immigration system have bite, the Secretary of State is afforded the power to remove foreign nationals to their countries of origin....

Can you rely on the parent route of Appendix FM if you are in a genuine and subsisting relationship with your partner?

There are two routes that are most commonly used when applying for leave to remain in the UK under Appendix FM of the Immigration Rules: the partner route and the parent route. It is generally thought that...

UK Investor Visa: Interest and Dividends, Fees, Transaction Costs and Tax

It is well known that in order to qualify for an extension of stay and/or settlement, Tier 1 Investor visa holders must maintain a qualifying investment of at least £2 million, £5 million or £10 million for a...

Indefinite Leave to Remain as a Tier 1 Entrepreneur

Migrants can apply for Indefinite Leave to Remain as an Entrepreneur after 60 months in the Tier 1 Entrepreneur category (there are accelerated routes for those who meet further criteria, as set out below). In...