KNOWLEDGE

CENTRE

Switching from a Start-up Visa to an Innovator Visa

Many applicants who applied for a Start-up visa when the route was opened on 29 March 2019 are now looking to extend their stay in the UK by applying for permission to remain in the Innovator visa category. In this...

Human Rights Claims & Appeal Rights: MY (Pakistan)

In MY (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1500 the Court of Appeal considered when an immigration “refusal decision” constitutes a “refusal of a human rights...

Youth Mobility Scheme Opening to Citizens of India and Iceland

A new Appendix Youth Mobility Scheme will soon replace Appendix T5  (Temporary Worker) Youth Mobility Scheme. Although the re-branding of the Appendix took place on 11 October 2021, the substantive...

Pre-Settled Status and Access to State Benefits

In the case of Fratila and another v Secretary of State for Work and Pensions [2021] UKSC 53, the Supreme Court determined whether individuals with Pre-Settled Status under the EU Settlement Scheme are required...

British Citizenship for Overseas Adopted Children

In this guide we answer the top 10 most frequently asked questions about applications for British Citizenship for children adopted overseas.  If you are a British citizen and you are considering making an application...

What Is Leave Outside the Immigration Rules?

In this post we examine the possibility of being granted Leave to Remain Outside the Immigration Rules and the possibility of being granted Indefinite Leave to Remain based on the most exceptional compelling...

Court of Appeal Revisits “Unduly Harsh” Test

In MI (Pakistan) v Secretary of State for the Home Department [2021] EWCA Civ 1711 (18 November 2021), the Court of Appeal recently revisited the question of how the “unduly harsh” test may properly...

Policy Change for Extended Family Members of UK-based EU Citizens

As has been set out in previous articles, some extended family members of UK resident EU citizens may no longer make applications to remain in or join their family members in the UK under the EU Settlement Scheme.  However...

How to Apply for an International Sportsperson Visa

If you are an elite sportsperson or qualified sports coach, over the age of 16, and wanting to enter the UK, the International Sportsperson visa route may be of interest to you.  You will need to be recognised...

Oral Evidence From Abroad in the Immigration Tribunal

When can the First Tier Immigration Tribunal hear oral evidence from abroad? When the foreign state, from where oral evidence is to be taken, says so. Or rather, when the Foreign, Commonwealth and Development Office...

Tier 1 Entrepreneur ILR, Covid & Continuous Residence

In accordance with the current Immigration Rules and the Entrepreneur Guidance, entrepreneurs are unable to settle as Tier 1 Entrepreneurs in the five year route if the Covid pandemic has made them be out of the...

Early Settlement Concession for Young People in the UK

In this post, we look at the recent change in Home Office policy which welcomes young people who were born or brought up in the UK without immigration status to apply for early settlement. The old rule – which...