KNOWLEDGE

CENTRE

Raising new matters in immigration appeals

Section 85 of the Nationality, Immigration and Asylum Act 2002 (as amended) provides that on an appeal against an immigration decision, the Tribunal may take into consideration evidence about any matter which it...

The state’s positive duties in respect of trafficking victims

In the recent case of R (on the application of FM) v The Secretary of State for the Home Department [2015] EWHC 844 (Admin), it was found that where a potential victim of trafficking is identified (following a...

Human rights not arguable in EEA appeals unless s.120 notice served

The Upper Tribunal (Mr Justice McCloskey, Mr Ockelton and Upper Tribunal Judge Rintoul) has recently decided in Amirteymour and Others (EEA appeals; human rights) [2015] UKUT 00466 (IAC) that unless the Home Office...

Tier 1 (Entrepreneur) or Sole Representative of Overseas Business?

Most individuals looking to come to the UK to run a business will consider the Tier 1 (Entrepreneur) visa category as the most appropriate visa category, however, if you are already running a business overseas...

EEA Residence Cards: Certificates of Application and Immediacy

According to Directive 2004/38, the right of residence of the non-EU (third-country national) family members of Union citizens, shall be evidenced by the issue of a Residence card.  A Residence Card of a Family...

Criminal Record Checks for Investors and Entrepreneurs in Practice

Following on from our previous article here, the Home Office has now introduced a requirement for anyone applying for entry clearance to the UK as a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, or...

Evidential Flexibility Policy has meaning

Evidential Flexibility Policy has meaning – Manish Mandalia v Secretary of State for the Home Department [2014] UKSC 59

CJEU Advocate General Gives Opinion in Favour of UK

In a recently given opinion, an Advocate General has proposed that the Court of Justice of the European Union (CJEU) should dismiss a case that was brought by the European Commission against the UK over...

A Guide to Right to Rent Checks for Landlords

Section 22 of the Immigration Act 2014 makes landlords liable for a civil penalty if they authorise an adult who is not lawfully present in the UK (and who has not been given the permission to rent), to occupy property...

“Skype Families” – Recommendations of the Children’s Commissioner Report

In July 2012 Immigration Rules came into effect that set a minimum threshold requirement of £18,600 per annum, for British citizens or those settled In the United Kingdom to sponsor a non EEA national....

Business Group Calls for End of Cap on Tier 2 Immigration

Business Group London First has recently published details of its response to the call for evidence launched by the Migration Advisory Committee (MAC) as part of its review of the Tier 2 migration...