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Immigration Appeal Adjournments in the First-tier Immigration Tribunal
By Richmond Chambers -

Although waiting times for an immigration appeal in the UK are currently very long, with an average of 12 months, there may be circumstances where an adjournment is necessary to allow further time to...

 properly prepare an appeal. This is explored further in this article.    How will an application for an immigration appeal adjournment be considered? As part of its general case management powers, the First-tier...

Skilled worker visa cap review due
By Richmond Chambers -

There may be more opportunities for overseas professionals to come and work in the UK, depending on the Migration Advisory Committee’s work in reviewing the Shortage Occupation List. The potential changes...

 have been revealed as they undertake a review of the monthly UK visa cap which is currently in place for foreign professionals. Now the government has put forward some alterations to the UK’s...

Review of the Senior President of Tribunals’ Annual Report 2018
By Alexandra Pease - Barrister Partner

The  Senior President of Tribunals’ Annual Report 2018 was published on 25 May 2018.   This year there will be two reports.  This article analyses the material provided by the IAC Chambers of the Tribunal....

  In July a second report will focus on and address modernisation. Upper Tribunal – IAC The Immigration and Asylum Chamber report by Mr Justice Lane begins at page 14.  The report begins with a...

Overseas academics cite 'lack of trust' due to Home Office regulations
By Richmond Chambers -

There is a growing feeling among foreign academics working in the UK that Home Office regulations – which encourage institutions to record the whereabouts of overseas staff and students – is creating...

 an atmosphere of mistrust. Some staff and students have been sternly warned that any time off campus should be reported, and that those failing to do so will have their name passed to the UK Border...

Retained right of residence - end of marriage or start of divorce?
By Alex Papasotiriou - Immigration Barrister

In Baigazieva v Secretary of State for the Home Department [2018] EWCA Civ 1088, the Court of Appeal, with the help of the Secretary of State, clarified the interpretation of Regulation 10(5) of the Immigration (European...

 Economic Area) Regulations 2006 (and, by extension, the 2016 Regulations) regarding retained right of residence. This was by reference to Directive 2004/38/EC and the CJEU preliminary ruling in Case...

Home Office announces new UK Startup Visa for Entrepreneurs
By Richmond Chambers -

During London Tech Week, Home Secretary Sajid Javid announced a new startup visa route, stating that the new visa is “for people wanting to start a business in the UK. This will help to ensure we continue to...

 attract the best global talent and maintain the UK’s position as a world-leading destination for innovation and entrepreneurs”. The avant garde move, as announced, is simply to open a route, that was...

What is the Home Office’s ‘hostile environment’?
By Richmond Chambers -

The United Kingdom has traditionally been a welcoming country, relishing the influx of other cultures, languages and cuisines.  More recently however, spurred on by the widely held misconception that too many...

 immigrants are placing the system under strain, the currently ruling Conservatives have introduced their so-called ‘hostile environment’ policy to discourage people who have immigrated illegally from...

Pressure grows for devolved control over UK immigration policy
By Richmond Chambers -

Amidst recent tightening of UK borders and a regular stream of negative publicity around cases of people denied entry to this country, pressure is growing for separate immigration rules for each UK nation and region. The...

 case for devolved control over immigration policy has become a key focus for Nicola Sturgeon’s Scottish government. Sturgeon has led the calls for the UK to pursue such an approach post-Brexit,...

The Job Creation Requirement - Less Than 12 Months Employment
By Alex Papasotiriou - Immigration Barrister

The job creation requirement for non-initial Tier 1 (Entrepreneur) applications requires that the applicant’s business has created the equivalent of at least 2 new full time jobs for settled workers. The tricky...

 part is that the jobs must have existed for at least 12 months during the applicant’s most recent grant of leave as a Tier 1 (Entrepreneur) Migrant. This means an applicant will be unable to successfully...

EU nationals post Brexit - What's the latest?
By Richmond Chambers -

According to the Office of National Statistics, between January and March 2018, there were 2.29 million EU nationals working in the UK, which was down 28,000 on last year. Could this be as a result of the fear and...

 confusion around what will happen to EU nationals post Brexit? Following pressure, the government have issued some guidelines about plans for EU nationals once the UK officially leaves the European Union,...

Your Guide To The Tier 1 Entrepreneur Job Creation Requirement
By Richmond Chambers -

When you come to make your extension or indefinite leave to remain application in the Tier 1 Entrepreneur category, you will need to satisfy a job creation requirement.  The Immigration Rules require that you must...

 have created the equivalent of at least two new full time jobs for persons settled in the UK. These jobs must have existed for at least 12 months during the period for which your latest leave as a Tier 1...

Romanians become the second most common non-UK nationality
By Richmond Chambers -

Recently published official figures now put Romanian as the second-most-common non-British nationality in the UK. The Office for National Statistics reported this month that people from the Eastern European nation...

 now account for more nationals in this country than Ireland or India. The number of Romanians living in the UK in 2017 jumped 25% on the previous year as the numbers coming into the UK show no sign of...
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