KNOWLEDGE

CENTRE

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...

Rights of residence for financially self-sufficient EEA citizens

The Free Movement of Persons Directive 2004/38 EC sets out the right of EEA nationals and their family members to move and reside freely within the territory of the EEA Member States. The Immigration (EEA) Regulations...

Appropriate salary for extending leave to remain as a Tier 2 migrant

In Tukhas (para 245HD(f): "appropriate salary") Russia[2016] UKUT 183 (IAC) (17 March 2016)  the Upper Tribunal (Immigration and Asylum Chamber) considered the correct interpretation of paragraph 14 of Appendix...

Government responds to MAC Tier 2 review

In January 2016 the Migration Advisory Committee (MAC) published its review into the Tier 2 visa category. The Government has now published its response.  A number of changes are set out, and all changes...

Unacceptable delays in Tribunal appeal listing acknowledged by Senior Judiciary

Long waiting lists for the hearing of Tribunal appeals have recently become a key focal point for discussion.  Delays in listing inevitably cause added anxiety for the individuals involved and can result in families...

MAC Advise UK Government to Keep Nurses on UK Shortage Occupation List

The Migration Advisory Committee (MAC) has advised the UK government to maintain the current status of nurses on the Shortage Occupation List to ensure that there is sufficient staff in place. The MAC had been asked...

Litigation debt now a general ground for refusal

Each year, the Home Office is awarded considerable litigation costs by the courts and tribunal. Some applicants fail to pay these costs. They may then make further applications to be granted entry clearance, leave...