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Analysis of proposed changes to Tier 2
By Richmond Chambers -

The Home Secretary has asked the Migration Advisory Committee to look at proposals to cut non-EEA work migration. The proposals reveal a tension between what business wants (the brightest and best staff,...

no matter their nationality) and what the Government wants (more jobs for British Citizens). The Tier 2 route is for workers skilled to graduate level, with some limited exceptions. It takes time to skill a...

MAC to Consider How to Reduce Migrant Labour Demand
By Richmond Chambers -

The Migration Advisory Committee (MAC) has been asked by the Government to look at ways the country can reduce work migration from outside the EU, while making sure Britain remains open to the best talent. The...

MAC commission, which will examine how the Tier 2 (Skilled Work) visa system functions, follows the first meeting of the Prime Minister’s newly-formed Immigration Taskforce that has been tasked with...

Retained Rights of Residence following divorce from an EEA national
By Dr. Catherine Taroni - Immigration Barrister

Advocate General Kokott has recently given her Opinion in Case C-218/14, Singh, Njume and Aly, 7 May 2015, a case concerning retained rights of residence following divorce from an EEA national. Factual Background Messrs...

Singh, Njume and Aly were all married in Ireland to Union citizens exercising their Treaty rights in Ireland and who were granted permission to reside based on their relationship with their spouses....

Opinion Given on Social Benefits Entitlement
By Richmond Chambers -

An Advocate General of the Court of Justice of the European Union has given his opinion on the legality of excluding EU citizens from certain social benefits in another Member State. This case is one of a series...

of German cases in which the Court of Justice has been asked to rule on the question whether the exclusion of certain EU citizens from entitlement to social benefits provided for by national legislation is...

Effect of Naturalisation of an EEA National on Family Members’ Rights
By Dr. Catherine Taroni - Immigration Barrister

The family members of UK nationals are not ordinarily able to benefit from EU free movement law as transposed by the EEA Regulations – there are some exceptions, but the general rule is that only non-UK EU nationals...

can rely upon the EEA Regulations as a source of residence rights for their family members. What, then, is the effect on their non-EU family members’ rights of residence of a UK citizen acquiring an...

Brewster’s £200,000: Spending your Tier 1 (Entrepreneur) Investment Funds
By Gillian McCall - Barrister Partner

The Tier 1 (Entrepreneur) rules are very clear in stating that migrants in this category must invest all of their investment funds, whether this is £50,000 or £200,000, into the business before making a Tier...

1 Entrepreneur visa extension application at year three. While you can make an initial application on the basis of money which has already been invested in the business and is sitting in the business bank...

Immigration Health Surcharge Now in Place in UK
By Richmond Chambers -

People from countries outwith the European Economic Area (EEA), who come to the United Kingdom for six months or longer, now need to pay a ‘health surcharge’. The legislation that introduced said surcharge,...

which needs to be paid when immigration applications are made, came into effect in April of this year. Non-EEA nationals, who are currently in the UK and want to extend their visa, are also required...

London Continues to Attract Foreign Investors
By Richmond Chambers -

London remains the single most important location for foreign direct investment (FDI) in the UK and in fact across the whole of Europe, according to EY’s latest UK Attractiveness Report. The 406 global executives...

surveyed in the report were asked to name the three most attractive European cities for FDI; over half (52%) cited London, well ahead of Paris (29%), and Berlin (28%). There is no doubt that the UK has a...

Evidential flexibility: What is it and does it mean anything?
By Richmond Chambers -

The Immigration Rules, particularly the Points Based System, increasingly require migrants and potential migrants to provide Specified Evidence with their applications. Errors and omissions in the...

evidence provided with the application (whether inadvertent or otherwise) can lead to refusal irrespective of what many may consider to be the overall merits of the application. These errors cannot be remedied by...

Van der Elst: Using EU law to send non-EU employees to the UK
By Richmond Chambers -

If you are a business established in an EU country other than the UK, you may be able to send your employees to the UK on temporary assignments using EU free movement law, providing that the worker meets the following...

criteria: They are lawfully resident in the EU Member State in which the employer is established; They are lawfully and habitually employed by an employer who is temporarily providing a service in...

Statistics Reveal Increase in Net Migration
By Richmond Chambers -

The latest statistics from the Office for National Statistics (ONS) has revealed that net long-term migration to the UK (immigration less emigration) rose to 318,000 during 2014. This was apparently just below the...

previous peak (320,000 in the year ending June 2005) and a statistically significant increase from 209,000 in 2013. Looking at the figures in more detail, they reveal that 641,000 people immigrated to the...

International Students are Good for the Economy
By Richmond Chambers -

A new report from London First and PwC has revealed that international students have a positive impact on the UK economy. According to the research: International students in London bring a net benefit of £2.3...

billion to the UK economy. They support nearly 70,000 jobs in London because of the money they spend here. It is not true that international students are a burden to our public services, such as the NHS....
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