KNOWLEDGE

CENTRE

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...

Lead ETS/TOEIC deception appeals allowed in the Upper Tribunal

On 23 March 2016, the Upper Tribunal allowed ‘without hesitation’, two lead ETS/TOEIC deception appeals. The Tribunal carefully scrutinised the evidence relied on by the Secretary of State for the...

Applications for British citizenship by EU nationals

British nationality law is often a complex subject and, after 12 November 2015, this is an area which has increased in complexity for citizens of EU Member States who wish to apply for naturalisation as British...

Upper Tribunal provides guidance on spouse visa extensions

In the case of R (on the application of Bhudia) v Secretary of State for the Home Department (para 284(iv) and (ix)) IJR [2016] UKUT 00025 (IAC) the Upper Tribunal made several helpful comments for those applying...

Certification of a human rights claim as ‘clearly unfounded’ and how to avoid it

Prior to the relevant provisions of the Immigration Act 2014 coming into force in April 2015, individuals who had an immigration application refused which did not bring their leave to an end did not benefit from...

Home Secretary Criticised for “Compassion Quota” in Asylum Policy

Theresa May is facing criticism for her plans to introduce what many critics are calling a “compassion quota” which offers the bare minimum protection to the vast majority of refugees. The policy,...

Influx in EU Expats Applying for UK Citizenship

There has been a significant increase in the number of Europeans living in the UK applying for British Citizenships, with many fearing that the country could leave the UK according to solicitors and community leaders. The...