KNOWLEDGE

CENTRE

Immigration appeal fees set to rise by over 500%

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...

Tier 1 (Entrepreneur) category - recent case-law

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...

Investigation of marriages under the Immigration Act 2014

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...

Slip Rule cannot be used to reverse the effect of an immigration decision

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...

EEA Retained Rights: Divorce and Domestic Violence

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...

Administrative Removal of EEA nationals and family members

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...

Acceptable evidence when applying for leave to remain on long residence grounds

In Khan, R (on the application of) v Secretary of State for the Home Department[2016] EWCA Civ 416 (04 May 2016) the principal issue that the Court of Appeal considered was whether only “official”...

Business Leaders Criticise Skills Charge

A number of UK business leaders have slammed recent proposals from the UK government to charge businesses £1,000 for every skilled worker hired from countries outside the EU. The proposals, which were...

Fresh evidence in Administrative review proceedings

Following the coming into force of the Immigration Act 2014 and the significant changes to the rights of appeal this introduced, the use of Administrative Review as a means of challenging a decision of the...

5 years since end of Workers Registration Scheme brings opportunity for A8 nationals

Under the Workers Registration Scheme, which was in operation from 1 May 2004 until 30 April 2011, EU citizens from the following countries had to register to work for an employer in the UK: Czech Republic; Estonia; Hungary; Latvia; Lithuania; Poland; Slovakia; Slovenia. There...

Extension of time for seeking permission to appeal to the Upper Tribunal

In Onowu, R (on the application of) v First-tier Tribunal (Immigration and Asylum Chamber) (extension of time for appealing: principles) (IJR)[2016] UKUT 185 (IAC) (31 March 2016) the Upper...

Surrogacy and British Nationality

Establishing whether or not someone born on or after 1 January 1983 is a British citizen, or may be registered as a British citizen, can be a complex process – not least because the nationality of at least...