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Potential Impact of Cuts to EU Migration
By Richmond Chambers -

Employers in different sectors of the UK economy could be affected in very different ways if measures are introduced to restrict the jobs that EU migrant workers can occupy following a vote for the UK to...

 leave the EU. This is one of the key findings of new analysis by the Migration Observatory at the University of Oxford, which also found that most jobs in the UK labour market are not eligible for...

Home Office possession of a passport indicates that an immigration application was made
By Richmond Chambers -

In  Ufot, R (On the Application Of) v Secretary of State for the Home Department[2016] EWCA Civ 298 (10 February 2016)  the Court of Appeal considered whether,...

 on the balance of probabilities, an application for leave to remain as a Tier 4 (General) Student had been made prior to the expiry of the Appellant’s leave.

Genuine Earnings and Tier 1 (General) settlement applications
By Richmond Chambers -

Persons applying for indefinite leave to remain in the UK as a Tier 1 (General) Migrant must meet the requirements within paragraph 245CD of the Immigration Rules. Paragraph 245CD(e) and (f) require the applicant...

 to score either 75 or 80 points (depending on the applicant’s particular circumstances) for attributes under Appendix A to the Immigration Rules.  A set number of points will be awarded based on,...

Evidential flexibility in leave to remain applications
By Richmond Chambers -

In SH (Pakistan) v Secretary of State for the Home Department[2016] EWCA Civ 426 (18 February 2016) the Court of Appeal considered whether the Home Office’s former “evidential flexibility” policy was broader...

 and more flexible than the “evidential flexibility” rule contained at paragraph 245AA of the Immigration Rules, which provides an opportunity for PBS applicants to produce additional evidence in...

Latest Tier 1 Investor and Tier 1 Entrepreneur visa statistics released
By Gillian McCall - Barrister Partner

The latest quarterly statistics on net migration have been released today with some interesting news in the Tier 1 category. This blog will look at what the statistics...

 show about Tier 1 Entrepreneur and Investor applications.Entrepreneurs  Country  Number of Entrepreneurs granted Entry Clearance  China  43  Pakistan  18  Hong...

New Appendix SN: Service of Notices
By Richmond Chambers -

Appendix SN is a new appendix to the Immigration Rules introduced by Statement of Changes in Immigration Rules HC877 and deals with service by the Home Office of various decisions in relation to immigration matters....

 It has effect for all applications made on or after 6 April 2016 and for some applications submitted before that date. It has the potential to infect almost every area of immigration practice. The...

Immigration appeal fees set to rise by over 500%
By Richmond Chambers -

The government has published a consultation paper proposing new fees for proceedings in the First-tier Tribunal (Immigration and Asylum Chamber) and Upper Tribunal (Immigration and...

 Asylum Chamber) on 21 April 2016. Asylum and immigration tribunal fees are set to increase by more than 500% in order to help pay off the Ministry of Justice’s funding deficit.

Tier 1 (Entrepreneur) category - recent case-law
By Gillian McCall - Barrister Partner

Following our review at the end of 2015, this article will discuss some of the case law relevant to Tier 1 (Entrepreneur) visa applicants.  Information about the recent changes to the rules and the most recent...

 statistics for entrepreneur applications can be found in other articles. AH (BANGLADESH) & ORS v SSHD [2015] EWCA Civ 1071 This was an application for permission to appeal to the Court of Appeal where...

Investigation of marriages under the Immigration Act 2014
By Richmond Chambers -

The Immigration Act 2014 makes provision for the Home Office to investigate whether marriages may be sham marriages or marriages of convenience during an extended notice.  This is the period after the...

 couple have notified the registrar of their intention to marry and before the marriage is able to take place.  If a decision is made to investigate, the notice period will be extended from 28 days to 70 days. The...

Slip Rule cannot be used to reverse the effect of an immigration decision
By Richmond Chambers -

In Katsonga ("Slip Rule"; FtT's general powers) [2016] UKUT 228 (IAC) the Upper Tribunal reviewed the ambit of rule 31 of the First-tier Tribunal Procedure Rules...

 2014 (often referred to as the ‘Slip Rule’) and found that the rule cannot be used to reverse the effect of a decision at the instance of a losing party.

EEA Retained Rights: Divorce and Domestic Violence
By Dr. Catherine Taroni - Immigration Barrister

NA is a citizen of Pakistan, and was married to a German national from 2003 until a purported talaq divorce in March 2007, with divorce proceedings in the UK instituted by NA in September 2008, with decree absolute...

 issued on 4 August 2009.  NA and her husband moved to the UK in March 2004, she was the victim of domestic violence and finally left the matrimonial home around October 2006.  NA’s husband left the...

Administrative Removal of EEA nationals and family members
By Alexis Slatter - Immigration Barrister

On 29 March 2016, a new Instruction for Home Office staff was published:‘European Economic Area administrative removal: consideration and decision’.  The guidance explains the operational process for assessing...

 whether to administratively remove a European Economic Area (EEA) national (or a family member of an EEA national). The guidance explains the criteria for the removal of an EEA national or their family...
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