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Sole Representative: What does it mean to be recruited outside of the UK? Meeting the financial requirement for a UK spouse visa as a returning spouse - Part 2 Spouse visa financial requirement for spouses returning to the UK - Part 1 Is the public interest in deporting foreign offenders a ‘fixed quality'? Good Character and Breach of Immigration Laws Evidencing An Exceptional Talent Application to the Arts Council Can Tier 1 Investors invest in Start-ups? What are ‘insurmountable obstacles’ to family life? Property rental income and the partner visa financial requirement Settled Status, Permanent Residence and Indefinite Leave to Remain

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Sole Representative: What does it mean to be recruited outside of the UK?
By Gillian McCall - Immigration Barrister

The Sole Representative of an Oversea Business category is for individuals who are employed by a business outside of the UK who are being sent to the UK by their employer for the purpose of opening and operating...

 a branch or subsidiary of the same business in the UK.  In this article we will look at the requirement to be recruited outside of the UK.   What is the requirement to be recruited outside the...

Meeting the financial requirement for a UK spouse visa as a returning spouse - Part 2
By Olivia Waddell - Legal Associate

This post follows our previous post about meeting the financial requirement for a spouse visa for couples returning from overseas to live in the UK. In this follow-up post, we take a more detailed look at how...

 the requirement can be met through the Sponsor’s employment or self-employment. The rules are both forward-looking and backward-looking.  Step 1: looking back to income already earned  The rules are...

Spouse visa financial requirement for spouses returning to the UK - Part 1
By Olivia Waddell - Legal Associate

For a British or settled individual who is relocating to the UK with their non-British or settled partner after spending time overseas, the financial requirement for a spouse visa can be trickier than for couples...

 where the sponsor is already in the UK. In this blog post, we take a look at the specific rules concerning the financial requirement for couples preparing to return to the UK together.  In a subsequent...

Is the public interest in deporting foreign offenders a ‘fixed quality'?
By Robin Pickard - Legal Associate

In this post, we consider the approach that the courts have adopted when considering the public interest in deporting foreign offenders. Section 117 of the Nationality, Immigration and Asylum Act 2002 Section 117A(1)...

 confirms that the provisions in Part 5A of the Nationality, Immigration and Asylum Act 2002 apply where a court or tribunal is: “required to determine whether a decision made under the Immigration...

Good Character and Breach of Immigration Laws
By Zarina Rahman - Immigration Barrister

One of the requirements in order to register or naturalise as a British Citizen is to be of ‘good character’. This applies to anyone over the age of 10 at the date of application.  This requirement...

 has been discussed in detail in a previous blog post. This post looks at one aspect of good character – breach of immigration laws – and in particular, the findings of the Court of Appeal in R (Al-Enein)...

Evidencing An Exceptional Talent Application to the Arts Council
By Gillian McCall - Immigration Barrister

The Arts Council can endorse applications for individuals with expertise in arts and culture including dance, music, theatre, combined arts, literature and visual arts (museums and galleries). Over the years,...

 the Immigration Rules have been updated to become more and more specific about the evidence that they want to see to prove that a person is either exceptionally talented or exceptionally promising. In a...

Can Tier 1 Investors invest in Start-ups?
By Paul Richmond - Immigration Barrister

With government bonds no longer an investment option for UK Investor visa holders, the attention of many Tier 1 Investors has naturally turned to UK companies, with some savvy investors looking to invest in the...

 UK’s start-up scene.  But can Tier 1 Investors invest in UK start-ups? The policy argument for encouraging investment in UK start-ups There is a strong policy argument in favour of facilitating foreign...

What are ‘insurmountable obstacles’ to family life?
By Caspar Latham - Legal Associate

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to...

 acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights.  This will be possible if they are able to show that they would face...

Property rental income and the partner visa financial requirement
By Gillian McCall - Immigration Barrister

Appendix FM of the Immigration Rules is family members of British nationals such as unmarried partners, fiance(e)’s, spouses or children coming to the UK. Most people in this category will need to meet a financial...

 requirement as part of their application and the rules set out some specific ways in which those requirements can be met. In this article we will look at how someone with property rental income can meet...

Settled Status, Permanent Residence and Indefinite Leave to Remain
By Stefania Patuto - Pupil Barrister

With the UK’s impending exit from the EU, the Government has created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the...

 basis on which an EEA citizen and their family members, and the family member of a qualifying British citizen, will be granted settled status or pre-settled status. These applications are under the Immigration...

Independent Monitoring Boards National Annual Report for the Immigration Detention Estate 2018
By Alexandra Pease - Immigration Barrister

The Immigration Detention Estate (IDE) has featured a great deal in the news with the recent Windrush scandal and detailed reports of the impact on people’s lives.  There has been a reported focus on the abuse...

 and vulnerability of those detained. The BBC Panorama programme had exposed ill treatment in Brook House in 2017. The Home Office accepted and responded that the events were ‘shocking’.  There were two...

Long Residence ILR: Continuous Lawful Residence
By Zoe Bantleman - Immigration Barrister

This is our fourth blog in a series of blogs written regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10...

 years of residence in the United Kingdom.  This post will summarise the current landscape of case law addressing the continuous lawful residence requirement, before moving on to consider the updated Home...
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