KNOWLEDGE

CENTRE

Case C-89/17 Banger - Part 1 - Surinder Singh available to extended family members if AG Bobek Opinion followed by CJEU

[Note: This article is 1 of 2 on the AG’s Opinion in Banger.  In our second post we discuss the decision in relation to the right to an effective remedy] Advocate General Bobek delivered his Opinion in the...

BMA report on health-related human rights of detained individuals

British Medical Association: Locked up, locked out: health and human rights in immigration detention, a recently published report “explores the role of doctors in protecting and promoting the...

Does the protection of section 3C extend to out of time appeals?

Whether a migrant is protected under section 3C of the Immigration Act 1971 (“s.3C”) is often not too complicated to figure out. If they have made an in-time application and a decision is received after the...

Prime Minister Announces Review of the Tier 1 Investor Visa Category

On the afternoon of 19 March 2018, the House of Commons debated the laundering of dirty money in the UK, in the context of amendments to the Sanctions and Anti-Money Laundering Bill, a British counterpart to...

Human rights claim certified as ‘clearly unfounded’? Some points to consider

Recently, we have seen a number of refusal decisions certifying a human rights claim as clearly unfounded under s.94 of the Nationality, Immigration and Asylum Act 2002. The effect of this is that an appeal against...

Retained worker status for self-employed in line with employed workers - Court of Justice decision in C-442/16, Gusa, 20 December 2017

The Court of Justice decision in Gusa may be very important to EU nationals and family members looking to make applications for permanent residence based on retained worked status, or, as in the case itself, in...

Holding Investment Funds for a Tier 1 (Entrepreneur) application

The vast majority of people applying for Entry Clearance to enter the Tier 1 (Entrepreneur) category apply on the basis of having access to £200,000 which is available to them to invest in a new or established UK...

Amendments to Immigration Rules: Tier 1 (Exceptional Talent)

The most recent Statement of Changes to the Immigration Rules (HC309) has brought changes to the Tier 1 categories. In relation to the Tier 1 (Exceptional Talent) category, the category for talented individuals...

Multiple Or Joint Property Ownership By Tier 1 Investors

Amendments to the Immigration Rules introduced on 11 January 2018 have clarified the position of multiple and joint property ownership by Tier 1 Investors who entered the category before 6 November 2014. Investors...

Opinion: Extended family members could have a right of appeal (even under the 2016 Regulations)

In Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC), the Upper Tribunal held that, as a decision on an application for a Residence Card for an extended family member requires the exercise of discretion by the...

5 Changes to the Tier 1 Entrepreneur Job Creation Requirement

Today, 11 January 2018, new Immigration Rules are brought into place with a large number of changes to the wording of the Tier 1 Entrepreneur visa extension rules, including in relation to the job...

New Tier 2 (General) Rules to ease the burden for Students and Researchers

A Statement of Changes to the Immigration Rules (HC309) was announced in early December 2017. There will be several significant changes to the Tier 2 (General) category, to be effective from 11 January 2018. A...