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The principle of proportionality in EU law – Part 2
By Alexis Slatter - Immigration Barrister

In R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) [2015] UKSC 41, [2015] 3 WLR 121, the Supreme Court (Lord Reed and Lord Toulson with whom Lord Neuberger, Lady...

 Hale and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law.   In this second part of a two part series, we continue to summarise their findings:

The principle of proportionality in EU law – Part 1
By Alexis Slatter - Immigration Barrister

In R (on the application of Lumsdon and others) (Appellants) v Legal Services Board (Respondent) [2015] UKSC 41, [2015] 3 WLR 121, the Supreme Court (Lord Reed and Lord Toulson with whom Lord Neuberger, Lady Hale...

 and Lord Clarke agreed) delivered a helpful analysis of how the principle of proportionality applies in EU law. In this first part of a two part series, we summarise their findings: Review of EU measures....

Impact of the Removal of Full Appeal Rights from Family Visitor Applicants
By Richmond Chambers -

The Chief Inspector of Immigration has recently published the results of a review of the impact of the removal of full appeal rights from Family Visitor applicants. Foreign nationals wishing to visit family members...

 in the UK can apply by making a Family Visitor visa application from overseas to the UK Visas and Immigration (UKVI) Directorate of the Home Office. In 2013, the full right of appeal for applicants...

Adjei (visit visas – Article 8) [2015] UKUT 0261 (IAC)
By Richmond Chambers -

Recently the Upper Tribunal handed down a judgment in respect of Article 8 and visit visas in the case of Adjei (visit visas – Article 8) [2015] UKUT 0261 (IAC).

 Recently the Upper Tribunal handed down a judgment in respect of Article 8 and visit visas in the case of Adjei (visit visas – Article 8) [2015] UKUT 0261 (IAC).

New evidence in combined appeals involving Points Based System applications
By Richmond Chambers -

In Olatunde v Secretary of State for the Home Department [2015] EWCA Civ 670, (Judgment dated 1 July 2015) the Court of Appeal considered section 85A of the Nationality, Immigration and Asylum Act 2002 (“NIA Act...

 2002”) and its applicability to appeals against the refusal of Points Based System (PBS) applications when combined with other appeals against an immigration decision of another kind under section 82(2)...

UK Visa Processing Times - How Quickly Will You Receive A Decision?
By Richmond Chambers -

This article was written in 2015.  For the latest information on UK visa processing times, please read: UK Visa Processing & Decision Waiting Times What Are the Current Home Office UK Visa Processing Times? Once...

 you have submitted a visa application to the Home Office, it is helpful to know when to expect a decision, and what you may be able to do if no decision is received within a reasonable time.  In this...

New Criminal Record Checks for Tier 1 Investors and Tier 1 Entrepreneurs
By Paul Richmond - Managing Partner

The Home Office has today announced a requirement for Tier 1 Investor and Tier 1 Entrepreneur visa applicants to provide overseas criminal record certificates in support of their visa applications.Contact Us

 The Home Office has today announced a requirement for Tier 1 Investor and Tier 1 Entrepreneur visa applicants to provide overseas criminal record certificates in support of their visa applications.Contact Us

EU Citizens Bring Higher Skills if Born Outside the EU
By Richmond Chambers -

EU citizens living in the UK are more likely to be working in high-skilled jobs if they were born outside of the EU, according to new analysis from the Migration Observatory at the University of Oxford. The analysis,...

 which looks at data from the Labour Force Survey, found that the share of EU citizens living in the UK who were born outside Europe has fluctuated between 6 and 9% since 2004. By the beginning of 2015,...

Successful challenge to a Tier 1 (Entrepreneur) refusal
By Richmond Chambers -

Richmond Chambers recently assisted a client in successfully challenging a decision of the Secretary of State to refuse leave to remain as a Tier 1 (Entrepreneur) Migrant. The application had been made on the...

 basis of switching from leave as a Tier 1 (Post-Study Work) Migrant into the Tier 1 (Entrepreneur) category and was therefore required to meet provision (d) of Table 4 in Appendix A of the Immigration...

Private Medical Treatment in the UK - Visas and Immigration
By Richmond Chambers -

The Private Medical Treatment visitor visa enables those who can afford it to travel to the UK for the specific purpose of receiving medical treatment in the UK. The Applicant must meet most of the...

 requirements of the Visit (Standard) visa and also show that the cost of the medical treatment can be met and that the medical treatment is of the ‘finite duration’. They will be required to produce evidence of their...

10 year ILR applications: discretion to waive breaks in continuous residence
By Paul Richmond - Managing Partner

This is an update to an article posted earlier this year, concerning breaks in continuous residence and applications for indefinite leave to remain under paragraph 276B of the Immigration Rules (the 10...

 year ILR rule). As we noted previously, in order to qualify for settlement on the basis of long residence, applicants have to demonstrate at least 10 years continuous and lawful residence in the UK. Continuous...

Variable income and the financial requirement under Appendix FM
By Richmond Chambers -

In applications made under Appendix FM of the Immigration Rules for entry clearance or leave to remain as a partner the applicant is required to satisfy a financial requirement. The Rules require an...

 applicant to demonstrate, by reference to specified evidence, a gross annual income of at least £18,600. Where the applicant and their partner have children (who are not British or a citizen of an EEA country), the...
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