KNOWLEDGE

CENTRE

New 180 day residence requirement for ILR as a PBS dependent partner

At present, there is no residence requirement for PBS dependants to obtain indefinite leave to remain. They simply have to have been in the category for five years as a family member, and to meet the other requirements...

Changes to the Tier 1 (Entrepreneur) Immigration Rules

The Home Secretary has today published a Statement of changes to the Immigration Rules (HC309) setting out various amendments to the Immigration Rules for Tier 1 (Entrepreneur) migrants. The changes will...

Raising the stakes of cost-efficiency: The NHS (Charges to Overseas Visitors) (Amendment) Regulations 2017

The new NHS (Charges to Overseas Visitors) Regulations 2017 amend the 2015 Regulations and come into effect as of 21 August and 23 October 2017. As a consequence of the 2015 Regulations, the policy changes...

Interest in the UK Tier 1 (Investor) visa peaks again

Three years on from the increase in the investment funds requirement from £1 million to £2 million and interest in the Tier 1 (Investor) visa category is on the rise again. Figures released by the Office for...

What is the Tier 2 ‘Resident Labour Market Test’?

Employers are generally required to carry out a Resident Labour Market Test before sponsoring a non-EEA worker. The Resident Labour Market Test is designed to protect the settled workforce. This essentially means...

Human rights claims, the Same-Day Premium Service and the Section 3C trap

This is a word of caution for those who are considering the use of the Home Office’s Same-Day Premium Service when making an extension or settlement application. When making a human rights claim to either extend...

CJEU in Lounes finds EU nationals retain free movement rights after becoming British

The important High Court referral in Toufik Lounes, discussed here, was decided on 14 November 2017 by the Grand Chamber of the Court of Justice. The determination can be found here. The question to be addressed...

Extended Family Members of EU Nationals have Right of Appeal - Muhammad Yasir Khan [2017] EWCA Civ 1755

In an important case to protect the rights of EU nationals and their family members in the UK, the Court of Appeal has overturned the Sala (EFMs: Right of Appeal) [2016] UKUT 411 decision in relation to...

R (on the application of Anjum) v Entry Clearance Officer, Islamabad (entrepreneur – business expansion – fairness generally) [2017] UKUT 00406 (IAC)

It is not often that there are reported decisions from the Courts and Tribunals looking in depth at the Tier 1 (Entrepreneur) category and even less frequent that the Tribunal considers the genuine entrepreneur...

The ‘Genuine Entrepreneur’ test and Business Plans

The ‘Genuine Entrepreneur’ test was introduced in 2013, and is a discretionary element of the otherwise fairly objective Tier 1 (Entrepreneur) application. The Tier 1 (Entrepreneur) modernised...

Virtually Judging Immigration Hearings

Imagine your case management hearing in the Immigration and Asylum Chamber taking place in a fully virtual courtroom, a Microsoft built prototype. Well, it is a possibility come this October. Home Office Presenting...

Grenfell Tower Update - Further Guidance

A previous blog Home Office sets out Grenfell Tower Policy for survivors and directly affected individuals, 6 July 2017, analysed the directions given to caseworkers in the wake of the Grenfell Tower fire in West...