KNOWLEDGE

CENTRE

New test for victims of trafficking

Legal background Article 4 of the European Convention on Human Rights (“the ECHR”) provides that no one shall be held in slavery or servitude, and no one shall be required to perform forced or...

Tier 1 Investor Visa - A Guide To Property and Real Estate

For many individuals looking to relocate to the UK under the Tier 1 Investor visa route, the question of whether they can rely on property and real estate to either secure or extend a Tier 1 Investor visa is...

Can I be a contractor if I have leave as a Tier 1 Entrepreneur?

Successful Tier 1 (Entrepreneur) applicants will have their leave granted subject to a number of conditions. One of these conditions is that you cannot work for a business other than your own. The condition states: ‘no...

Entrepreneurs: investing funds prior to making your initial application

Tier 1 (Entrepreneur) migrants are required to show that they have access to either £200,000 investment funds or £50,000 investment funds where they are switching from Tier 1 (Graduate Entrepreneur) or have funds...

Timing a Tier 1 Exceptional Talent Application to the Arts Council

Places available for Tier 1 (Exceptional Talent) or (Exceptional Promise) applications were increased in early 2018 and the route has been made even more attractive for those able to meet the criteria for...

High Court and Court of Appeal criticise conduct of legal representatives

The High Court and Court of Appeal have been very vocal over the past week in their criticism of legal representatives’ preparation of immigration cases. As I set out in detail in an earlier post, in Parveen...

Immigration Lawyers Must Focus On Facts Not Law, Says Court Of Appeal

Yesterday the Court of Appeal considered the case of Parveen v The Secretary State for the Home Department [2018] EWCA Civ 932, on appeal from an oral permission hearing in the Upper Tribunal to judicially review...

Section 3C leave & Judicial review - Has it come to an end or not?

In the current version (8.0) of her policy, titled “Leave extended by section 3C (and leave extended by section 3D in transitional cases)”, published on 6 March 2017, the Secretary of State for the Home Department...

Dealing With A Tier 2 and 5 Sponsor Licence Suspension

All Tier 2 and Tier 5 Sponsors can expect at least one compliance visit from the Home Office during the lifetime of their Sponsor Licence. The purpose of the compliance visit is to check that a sponsor can meets...

Chen parents, self-sufficiency and illegal work - request for Preliminary Ruling

The decision in Chen C-200/02 established that self-sufficient EEA national children have the right to be accompanied by their primary carer, where they would be unable to remain in the host Member State if...

A Harsher Approach? Four changes in the revised Guidance on Family and Private Life applications

The Home Office issued new Family and Private Life Guidance on 23 February 2018 for applications for leave to remain on the basis of family life as a partner or parent, or on the basis of private life, on a 10 year...

Case C-89/17 Banger - Part 2 - Opinion in Court of Justice case on rights to effective remedy of extended family members

[Note: This is the second of two posts.  The first post, here, discusses the decision in relation to the applicability of Surinder Singh to extended family member cases] Advocate General Bobek delivered his Opinion...