KNOWLEDGE

CENTRE

No Statutory Right of Appeal for Extended Family Members

The Upper Tribunal in Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC) has ruled that there is no statutory right of appeal against a Home Office decision to deny an EEA Residence Card to the Extended...

Tier 1 (Entrepreneur) Accelerated Settlement (ILR) Applications

The Immigration Rules for Tier 1 (Entrepreneur) visa ILR can be found at paragraph 245EF. Under the Immigration Rules, Tier 1 (Entrepreneur) migrants can normally apply for settlement once they have spent five...

Deportation Update

In NA (Pakistan) v SSHD [2016] EWCA Civ 662, the Court of Appeal corrected the obvious drafting error in section 117C(3) of the Nationality, Immigration and Asylum Act 2002 (as amended by the Immigration Act 2014),...

The investment funds requirement for initial Tier 1 Entrepreneur applications

One of the main requirements to be satisfied as part of an initial application for entry clearance or leave to remain as a Tier 1 Entrepreneur is to demonstrate that the applicant has the required level of funds...

Evidence in nationality matters

As with any immigration matter, when making a nationality application or claim it is of course necessary to provide relevant evidence to corroborate and support the application or claim being made. Whilst the evidence...

Arshad and Others (Tier 1 applicants - funding - "availability") [2016] UKUT 334 (IAC)

The Upper Tribunal has once again looked at the Rules relating to the Entrepreneur category, in a determination which focusses on the availability of funds to invest in a UK business, specifically, where the funding...

Marriages of Convenience – the guidance of the European Commission

The Home Office Modernised Guidance on direct family members of EEA nationals (of 29 September 2015) provides guidance for decision makers who are assessing whether a marriage between an EEA citizen and a third...

EU nationals and family members - post-Brexit applications

The Brexit referendum vote announced on 24 June 2016 came as a shock to many, but has no immediate impact on the rights of EU nationals and their family members in the UK. There is no urgent need to act to avoid...

Common European Asylum System Reforms

The European Commission has recently presented proposals to complete the reform of the Common European Asylum System. According to the Commission, these reforms will help ensure a fully efficient, fair and humane...

Immigration Directorates Come Under Scrutiny

The first quarterly report of 2016 scrutinising the work of Home Office Immigration Directorates has been published by the Home Affairs Committee. The report looks at the possible implications of Brexit, and suggests...

Deportation - criminality and best interests of children: CT (Vietnam) [2016] EWCA Civ 488

The Court of Appeal, composed of Lord Justice Tomlinson and Lady Justice Rafferty DBE, heard argument in CT (Vietnam) [2016] EWCA Civ 488 on 5 May 2016. This was an appeal from the decision of the Upper Tribunal,...

Sham Marriages - Bilal Ahmed revisited

In the case of Bilal Ahmed, the Upper tribunal held that where an applicant had made an application for a residence card as the husband or wife of an EEA national but has no other basis of stay, and where his application...