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Tier 1 Investor Visa: Control of Funds Requirement
By Paul Richmond - Managing Partner

It is a core principle of the Immigration Rules that in order to qualify for an initial grant of leave as a Tier 1 Investor, an applicant must have money of their own, under their control.  In this post we look...

 at how an applicant for a Tier 1 Investor visa can demonstrate the necessary level of control of funds and the powers of the Home Office in this regard. How can I demonstrate control of my investment...

Home Office’s Policy on Children Found “Untenable”
By Richmond Chambers -

In this post, I will unpack the recently promulgated case of SR (subsisting parental relationship – s117B(6)) Pakistan [2018] UKUT 00334 (IAC) (5 September 2018), which distills two important...

 principles for appeals and applications involving a relationship between a parent and a child who is either a British citizen or has lived in the UK for 7 continuous years: “1. If a parent (‘P’) is unable...

The deportation of EEA nationals: distinguishing a right from a privilege
By Jasmine Theilgaard - Immigration Barrister

The circumstances under which an EEA national in the UK can be deported are a great deal narrower than those under which a non-EEA national can be deported. Section 3(5) of the Immigration Act 1971 states...

 that a person who is not a British citizen can be deported from the United Kingdom if the Secretary of State deems their deportation to be ‘conducive to the public good’. What exactly is meant by this phrase...

Immigration Health Surcharge Set To Increase
By Alexandra Pease - Barrister Partner

In a written statement from The Minister of State for Immigration, Caroline Noakes, the Government expressed the intention to increase the Immigration Health Surcharge (IHS) payment. Immigration Health Surcharge...

 (IHS) The IHS payment has not increased since it was introduced in April 2015.  It applies to migrants from outside the European Economic Area (EEA) who want to stay in Britain for at least six months....

4 things you should know about the Statement of Changes to the Immigration Rules, published 11 October 2018
By Richmond Chambers -

On 11 October 2018, the Home Office published a Statement of Changes to the Immigration Rules.  In this post, we will consider the main elements of the changes. Implementation of the next phase of the roll-out...

 of the EU Settlement Scheme for resident EU citizens and their family members to obtain UK immigration status Appendix EU to the Immigration Rules came into force on 28 August 2018 and provided a basis for...

WHO protests about difficulty of obtaining UK visas for world leading scientists
By Richmond Chambers -

The World Health Organisation has spoken out after several leading academics were blocked from attending a Liverpool conference on healthcare research due to visa issues. The Global Symposium on Health Research...

 is said to be putting together a dossier of the immigration issues experienced by at least 10 of the 2,000+ delegates. According to press reports, some of the affected delegates had been asked to pay in...

UK government announce final plans for control of UK borders after Brexit
By Richmond Chambers -

The UK government has announced the largest immigration reforms for many years in a move to end freedom of movement from the EU and try to ensure UK companies focus on hiring Brits, where possible. The reforms...

 don’t offer any preference for EU workers and the UK visa system will place focus on bringing in skilled workers from any global location. UK access for EU workers following Brexit Sajid Javid, Home...

More Delay: Upper Tribunal considers delay in Home Office decision-making
By Alexandra Pease - Barrister Partner

In two earlier blog posts  we examined how quickly an individual can expect an application to be decided, current visa processing times and the approach to delay.   Further Legal Developments The Upper Tribunal...

 recently dealt with an asylum case  involving delay. R (on the application of TM (A Minor) by his litigation friend, The Official Solicitor) v Secretary of State for the Home Department (Minor – asylum...

Data shows Home Office immigration delays nearly double
By Richmond Chambers -

The amount of people that are having to wait longer than the target time set by the Home Office for UK immigration claims to be processed has risen considerably despite a dip in the overall amount of cases. The...

 government has faced accusations of leaving thousands of applicants in a state of limbo and without their passports, with home office data showing that people waiting over six months to resolve their...

The Dangers of Specified Information and Documents for Tier 1 (Entrepreneurs): Awan v SSHD [2018] EWCA Civ 1988
By Richmond Chambers -

In the case of Awan v Secretary of State for the Home Department [2018] EWCA Civ 1988, Underhill LJ considered whether to permit Awan to appeal against the decision of the Upper Tribunal, which had upheld the refusal...

 of his Tier 1 (Entrepreneur) application. Although relating to a very specific factual matrix which will likely be inapplicable to most Tier 1 (Entrepreneur) applications, the judgment highlights the...

Proposed EU immigration plan met with heavy backlash from UK trade groups
By Richmond Chambers -

One of the biggest concerns regarding the current status of Britain’s EU negotiations is how the economic migration of European workers will be affected, and how will this affect the British economy. As of...

 yet, the government’s specific plan for an immigration system once the UK has separated from the EU is unclear and various different projections have been circulating. The Migration Advisory Committee...

New security powers could stop right to confidential legal advice at UK borders
By Richmond Chambers -

The Law Society has warned that new proposals in the counter-terrorism and border security bill could undermine the rights of those who are stopped at UK borders. The bill proposes that those detained could...

 be denied access to legal advice for up to an hour and that officers would then be able to listen in to any conversations between the detainee and their private legal consultations. The bill has already been...
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