KNOWLEDGE

CENTRE

Civil Penalties, Right To Work and Protecting Your Business

The Home Office has published its list of civil penalties for the first quarter of 2016, with the fines imposed totalling more than £14 million. Elsewhere in the media, the relationship between certain employers...

The Precarious Definition of Precarious - Rhuppiah v. SSHD

On 28 July 2014, section 19 of the Immigration Act 2014 inserted section 117B into the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), the aim of which was to expressly indicate to the Tribunals...

Immigration Options for Graduate Students

Every year thousands of Students come to the UK to study. Prior to the closure of the Tier 1 (Post Study Work) category, fresh graduates had the option to remain in the UK for up to two years in order to...

Right to rent: The impact of the Immigration Act 2016 on migrants with lawful status

The Immigration Act 2014 made it compulsory for private landlords to check the immigration status of all new adult tenants, sub-tenants and lodgers in order to assess whether they have a ‘Right to Rent’ in...

Upper Tribunal considers cross border judicial review proceedings

The case of R (on the application of Kashif) v Secretary of State for the Home Department (JR jurisdiction: applicant in Scotland) IJR [2016] UKUT 00375 (IAC) raised a question of jurisdiction, namely whether a...

Lim: Court of Appeal case on EEA Ascending Line Relatives

The Court of Appeal Case, Siew Lian Lim v Entry Clearance Officer Manila [2015] EWCA Civ 1383, was heard on 28 July 2015 before Lord Justice Elias, Lord Justice McCombe and Lord Justice Ryder.  This appeal raised...

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...