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What is British Citizenship by Double Descent? List of Endorsing Bodies for Innovator and Startup Visas Applying to an Innovator Visa Endorsing Body for Endorsement Mixed reactions to Priti Patel’s appointment as Home Secretary Tier 1 Investor Visa: Anti-Money Laundering Provisions Credibility in asylum claims UK to launch fast track visa for scientists and researchers Immigration law update for 3 August to 9 August 2019 Home Office faces backlash over immigration detention Varying Immigration Bail Conditions

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What is British Citizenship by Double Descent?
By Emma Greenwood

Unfortunately, there is no such thing as British citizenship by Double Descent for those born after 01 January 1983.  If you were born outside the UK, and so was your British parent, you are unlikely to be British by descent.  British Citizenship by Double Descent Section...

 2 of the British nationality Act 1981 says:  A person born outside the United Kingdom and the qualifying territories after commencement shall be a British citizen if at the time of the birth his father or mother—  (a) is a British citizen...

List of Endorsing Bodies for Innovator and Startup Visas
By Zoe Bantleman

In our previous posts, we broke down the general and specific requirements for Start-up and Innovator visas.  We pointed out that whichever of the routes you follow, your business will need to be endorsed by a Home Office approved endorsing body.  The Home Office...

 has now published a list of Innovator visa endorsing bodies and a list of Start-up visa endorsing bodies.  In this post we have fleshed out the list of endorsing bodies for Innovator visa and Start-up visa applications. According to the Home Office...

Applying to an Innovator Visa Endorsing Body for Endorsement
By Bernard Wood

On 29 March 2019 the Home Office introduced the new Innovator visa.  In order to qualify for an Innovator Visa, prospective applicants must receive an endorsement from one of the approved Innovator Visa Endorsing Bodies, listed here.  Innovator Visa Endorsing...

 Bodies therefore have a significant and central role in the Innovator visa application process, but what do we know about the process of applying to an Innovator visa endorsing body for endorsement? What are Innovator Visa Endorsing Bodies? Endorsing...

Mixed reactions to Priti Patel’s appointment as Home Secretary
By Richmond Chambers

The appointment of Priti Patel to the position of Home Secretary has elicited both fanfares and commotion among various factions. The committed free marketer and ardent supporter of Brexit previously declared controversial support on sensitive issues in criminal...

 justice. She famously supported the death penalty and at one time was forced to resign from the cabinet after engaging the Israeli government in unauthorised talks. With the new Prime Minister, Boris Johnson committed to delivering Brexit by the end of...

Tier 1 Investor Visa: Anti-Money Laundering Provisions
By Paul Richmond

A recent investigation by Channel 4’s Dispatches alleged serious failings in the Tier 1 Investor visa scheme, with the Home Office supposedly delegating anti-money laundering checks to banks and investment managers, whilst legal advisors counselled potential clients...

 that sensitive information regarding source of funds need not be disclosed. Much has been written elsewhere about the advice provided by the representatives featured.  Equally striking from a legal perspective though was the suggestion that a Tier 1...

Credibility in asylum claims
By Caspar Latham

Lack of credibility is the most common reason for the refusal of an asylum claim in the UK.  In order to establish the validity of an asylum claim, the UN Refugee Convention of 1951 requires a ‘well-founded fear of persecution’ on the basis of one of five...

 convention reasons (race, religion, nationality, political opinion or membership of a particular social group).  There are two aspects to the possession of a well-founded fear. Merely having a subjective fear of persecution is a necessary but not a...

UK to launch fast track visa for scientists and researchers
By Richmond Chambers

UK Prime Minister, Boris Johnson, announced on Thursday, 8 August 2019 that UK visa systems will be amended to attract more top scientists into the UK. The UK Home Office, the Department for Business, Energy and Industrial Strategy, and the Immigration Department...

 have been instructed to work out a fast-track system for visas so the scheme can be up and running in the shortest possible time. How will the fast-track scientist visa application work? Boris Johnson announced these reforms while visiting the Culham...

Immigration law update for 3 August to 9 August 2019
By Paul Richmond

Welcome to the Richmond Chambers immigration law update for the week of 3 August to 9 August 2019.  A relatively quiet week last week, but highlights include Boris Johnson setting out his vision to cement the UK as a science superpower, while a new a report...

 from HM Inspectorate of Prisons criticises private security guards for tying up migrants on deportation flights.  Application process and practice 7.8.2019: Guidance: New Zealand: apply for a UK visa. Information about applying for a UK visa in New...

Home Office faces backlash over immigration detention
By Richmond Chambers

The Home Office has been widely criticised by various groups over immigration detention without time limits. The department has, for a long time, refused to introduce a specific time limit for immigration detention. The government has rejected calls and proposals...

 to end the indefinite incarceration of UK immigrants. It argues that it would severely constrain efforts aimed at ensuring effective control of immigration is maintained. Calls to introduce a time limit for detained immigrants have been backed by the...

Varying Immigration Bail Conditions
By Marianne Schonle

This guide is primarily for persons who have been granted immigration bail and are interested in applying to vary their immigration bail conditions. If, rather than seeking a variation of immigration bail conditions, you are interested in making an...

 application for immigration bail, please see A Short Guide to Applying for Immigration Bail. What are immigration bail conditions? When a person is granted immigration bail, it must be subject to at least one of the conditions listed in paragraph 2(1) of Schedule 10 of...

What is a Certificate of Sponsorship (CoS)?
By Wendy Barnes

Migrants moving to the UK on a Tier 2 (General) visa must submit a Certificate of Sponsorship (CoS) through which their employer certifies their proposed employment conditions. A Certificate of Sponsorship is not a paper certificate or document, but a virtual...

 document, similar to a database record. There are 2 types of Certificates of Sponsorship – unrestricted and restricted. When assigning a CoS the employer is confirming that either they have carried out a Resident Labour Market Test (RLMT) as set out in...

Unreasonable Costs in Immigration Appeals
By Jasmine Theilgaard

Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014 changed this, stating that the Tribunal may make...

 an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings.  Unreasonable costs orders should not be confused with wasted costs orders. Wasted costs orders may only be made against a legal or other...
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