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Court of Appeal considers delay in Home Office decision-making
By Alexandra Pease - Barrister Partner

In an earlier blog post we examined how quickly an individual can expect an application to be decided and current visa processing times.   Home Office Service Standards The Home Office still has in place...

customer service standards for processing visa applications submitted after 1 January 2014. The standards have largely remained the same, as follows: Straight forward applications from outside the...

Paul Richmond finalist at Employed Bar Awards 2018
By Richmond Chambers -

We’re delighted to announce that Paul Richmond has been shortlisted for an award at the Employed Bar Awards 2018. The awards, hosted by the General Council of the Bar, celebrate the achievements of barristers...

working in-house in the public, private and third sectors. Paul is one of three finalists to have been shortlisted for the ‘Exceptional Contribution to the Employed Bar’ award, sponsored by...

New test for victims of trafficking
By Richmond Chambers -

Legal background Article 4 of the European Convention on Human Rights (“the ECHR”) provides that no one shall be held in slavery or servitude, and no one shall be required to perform forced or...

compulsory labour. The Council of Europe Convention on Action against Trafficking in Human Beings 2005 (CETS No 197) focuses not only on the prevention of trafficking and the prosecution of traffickers, but also on...

NHS no longer obliged to provide migrant digital records
By Richmond Chambers -

The decision to force NHS digital to provide patient records to the Home Office came under fire from doctors, lawyers, civil liberties campaigners and members of parliament. They branded the MoU that facilitated...

the sharing of non-clinical patient data “inappropriate” when it was first enforced in 2017. Notably, Members of the Government Health Committee warned that addresses from patient records should...

Tier 1 Investor Visa - A Guide To Property and Real Estate
By Paul Richmond - Managing Partner

For many individuals looking to relocate to the UK under the Tier 1 Investor visa route, the question of whether they can rely on property and real estate to either secure or extend a Tier 1 Investor visa is...

a natural one. In this post we provide a guide to the Tier 1 Investor visa, property and real estate. Tier 1 Investor Visa – A Guide To Property and Real Estate Can an investor rely on the value of...

Demand for Tier 2 visa outstrips cap for fourth month in a row
By Richmond Chambers -

For the fourth month in a row, demand from UK employers for Tier 2 visas to allow them to employ skilled non-EU workers exceeded the cap imposed by the UK Government. Since the beginning of 2018, the number of...

applications for the visa has vastly outstripped supply. As a result of the data, which was released by Migration Observatory at the University of Oxford, the high demand meant that employers seeking to...

Can I be a contractor if I have leave as a Tier 1 Entrepreneur?
By Gillian McCall - Barrister Partner

Successful Tier 1 (Entrepreneur) applicants will have their leave granted subject to a number of conditions. One of these conditions is that you cannot work for a business other than your own. The condition states: ‘no...

employment other than working for the business(es) the applicant has established, joined or taken over, but working for such business(es) does not include anything undertaken by the applicant...

Entrepreneurs: investing funds prior to making your initial application
By Gillian McCall - Barrister Partner

Tier 1 (Entrepreneur) migrants are required to show that they have access to either £200,000 investment funds or £50,000 investment funds where they are switching from Tier 1 (Graduate Entrepreneur) or have funds...

from a specific source such as a seed funding competition. There are strict specified evidence requirements to show that the funds are available and this can be met, in the case of someone applying for...

Companies warned that UK visas could face long delays
By Richmond Chambers -

UK companies have been told that they may face ‘significant’ time delays if they are currently seeking visas for non-EU skilled workers. The Home Office has stated that the 2,200 cap on non-EU...

immigrants was reached early in April, despite it being awarded a disproportionate proportion of the annual quota 20,700. April is given an uneven number of visas due to it being the start of the financial year. In...

New home secretary gives pledge to Windrush generation
By Richmond Chambers -

Former home secretary Amber Rudd has recently been replaced by Sajid Javid following the immigration scandal that has rocked parliament. Javid has since pledged his commitment to “do right” by those of...

the Windrush generation – immigrants who have been affected by the recent issues in proving their legal status as UK citizens. The new home secretary issued a statement on Monday April 30 where he...

Timing a Tier 1 Exceptional Talent Application to the Arts Council
By Gillian McCall - Barrister Partner

Places available for Tier 1 (Exceptional Talent) or (Exceptional Promise) applications were increased in early 2018 and the route has been made even more attractive for those able to meet the criteria for...

talent (as opposed to promise) as the period of time for which you are required to spend in the category before applying to settle permanently in the UK has been reduced from five years to three years. You can find...

High Court and Court of Appeal criticise conduct of legal representatives
By Richmond Chambers -

The High Court and Court of Appeal have been very vocal over the past week in their criticism of legal representatives’ preparation of immigration cases. As I set out in detail in an earlier post, in Parveen...

v SSHD [2018] EWCA Civ 932, promulgated on 25 April 2018, Underhill LJ in the Court of Appeal was critical of advisers who “devote their energies to setting out extracts from the case-law rather than to...
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