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New nationality provisions in the Immigration Act 2014
By Richmond Chambers -

Although much of the Immigration Act 2014 (‘the 2014 Act’) deliberately makes the lives of people in the UK much more difficult (including those of British citizens, not “just” migrants and...

 their families) there are some helpful provisions – in particular, new provisions enabling people born to unmarried British citizen fathers before 1 July 2006 to register as British citizens. Background As...

Entrepreneur Extension Applications: Genuine Entrepreneur Test
By Gillian McCall - Barrister Partner

In January 2013, the ‘genuine entrepreneur test’ was introduced for applicants applying to enter the Tier 1 (Entrepreneur) category, for both in-country and entry clearance applications. This test only applied...

 to the initial application made to enter the category, and once in the category Entrepreneurs did not need to meet any further subjective test about the genuineness of their business activity. At the...

Majority of New UK Homes have Foreign-born Figurehead
By Richmond Chambers -

According to a recently released report from MigrationWatch UK – an organisation which campaigns for stricter immigration control, immigration data from the Office for National Statistics, indicates that since...

 1997, approximately 66 per cent of new households created have a figurehead who was born outside the UK. Back in 1997, according to the Office for National Statistics, there were approximately 24 million...

Unaccompanied Minors’ Asylum Applications
By Richmond Chambers -

Members of the European Parliament’s Civil Liberties Committee have said that EU asylum applications for unaccompanied minors should be processed in the EU country where the child is present, even if this...

 is not where the child first applied. The committee were discussing amendments to the Dublin Regulation, which determines which member state should examine asylum applications. It says that processing...

EU free movement, the NHS and comprehensive sickness insurance
By Dr. Catherine Taroni - Immigration Barrister

With the government’s ‘immigration health surcharge’ having come into force on 6 April, efforts to gain funds from non-EEA ‘temporary’ migrants have been stepped up. There is to be an annual charge and...

 this is payable upfront, though will be refunded if the application is withdrawn or refused. The issue of NHS access and sickness insurance for EEA nationals living within the UK, however, is not so clear....

Case C-67/14, Alimanovic, Opinion of Advocate General Wathelet delivered on
By Dr. Catherine Taroni - Immigration Barrister

Alimanovic raised the question whether a Member State may exclude nationals of other Member States who are not, or are no longer, economically active and are in need...

 of assistance from entitlement to non-contributory subsistence benefits. As AG Wathelet identified, “The problem is sensitive in human and legal terms.”Law

Immigration options for discharged HM Forces personnel
By Richmond Chambers -

The Immigration Rules provide for the possibility of those who have been discharged from the armed forces to make applications for leave to remain in the UK on temporary and permanent bases. The requirements are...

 set out within Appendix Armed Forces to the Immigration Rules (the ‘Appendix’) and cover individuals who have left the armed forces permanently and those who have been discharged from service on medical...

European Parliament Calls for Urgent Measures to Save Lives
By Richmond Chambers -

Members of the European Parliament have voted on a resolution calling on the EU to do everything possible to prevent further loss of life at sea. MEPs have also called for a binding quota for distributing asylum...

 seekers among all EU countries, bigger contributions to resettlement programmes, better cooperation with third countries and tougher measures against people smugglers. The purpose of the resolution, which...

Administrative Review after the Immigration Act 2014
By Richmond Chambers -

Following the introduction of the Immigration Act 2014, applicants who apply under Tier 1, Tier 2, Tier 4 and Tier 5 of the points-based system no longer enjoy a full right of appeal.   Where the initial application...

 includes a human rights claim, it is still technically possible to challenge any refusal of a points-based application on human rights grounds. However, the instances in which this will offer an...

Tier 2 Changes of Employment
By Richmond Chambers -

Those in the UK as Tier 2 General migrants need to be sponsored by an employer – but this does not mean that they have to stay with the same employer throughout their time as a Tier 2 General migrant. They may...

 change employer, but they will need to obtain sponsorship from the new employer and apply for a new Tier 2 General visa. This also means that if the migrant continues to work with the same employer, but...

Zambrano and being compelled to leave the EU
By Dr. Catherine Taroni - Immigration Barrister

Ordinarily, UK immigration law governs the rights of entry and leave to remain of non-EU family members of UK nationals and the Immigration Rules, with their strict financial requirements, apply. Even though British...

 citizens are also Union citizens, EU law is not normally relevant until there has been some cross-border movement. For example, a British citizen working in France is able to be joined by his/her family...

Can a Tier 1 Investor Invest in Property?
By Paul Richmond - Managing Partner

When is an investment in property, or a property-related business, a permitted investment for the purpose of applying for, extending, or settling in the UK on the basis of a Tier 1 Investor visa? Can a Tier 1 Investor...

 invest in property? How about investment in property-related businesses? In this article, we examine when residential property-related investment is, and is not, permitted under the Immigration Rules...
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