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Retained worker status for self-employed in line with employed workers - Court of Justice decision in C-442/16, Gusa, 20 December 2017
By Dr. Catherine Taroni - Barrister Partner

The Court of Justice decision in Gusa may be very important to EU nationals and family members looking to make applications for permanent residence based on retained worked status, or, as in the case itself, in...

relation to showing entitlement to social assistance. The Facts Mr Gusa, a Romanian national, entered the Republic of Ireland in October 2007 and was supported by his adult children who also resided there....

Richmond Chambers celebrates 5 years of practice with re-brand and new website
By Richmond Chambers -

Today at Richmond Chambers we’re excited to reveal our rebrand, as well as the launch of a new website, www.richmondchambers.com, to enhance our offering to our clients. Richmond Chambers Immigration Barristers Founded...

in July 2013 as the first barrister-only immigration law firm to be authorised in the UK, our immigration barristers provide expert legal advice and representation, directly to individuals and...

Holding Investment Funds for a Tier 1 (Entrepreneur) application
By Gillian McCall - Barrister Partner

The vast majority of people applying for Entry Clearance to enter the Tier 1 (Entrepreneur) category apply on the basis of having access to £200,000 which is available to them to invest in a new or established UK...

business. There are many different ways in which the Home Office will accept evidence of these funds being available to an Applicant and there is different evidence that is required, depending on where the...

Amendments to Immigration Rules: Tier 1 (Exceptional Talent)
By Dr. Catherine Taroni - Barrister Partner

The most recent Statement of Changes to the Immigration Rules (HC309) has brought changes to the Tier 1 categories. In relation to the Tier 1 (Exceptional Talent) category, the category for talented individuals...

in the fields of science, humanities, engineering, the arts and digital technology to work in the UK without the need to be sponsored for employment in a specific post, there have been some important...

Multiple Or Joint Property Ownership By Tier 1 Investors
By Paul Richmond - Managing Partner

Amendments to the Immigration Rules introduced on 11 January 2018 have clarified the position of multiple and joint property ownership by Tier 1 Investors who entered the category before 6 November 2014. Investors...

who entered the Tier 1 (Investor) category before 6 November 2014 are required to demonstrate that they have invested at least £1 million in the UK. Whilst a minimum of £750,000 must be invested in UK...

Opinion: Extended family members could have a right of appeal (even under the 2016 Regulations)
By Alex Papasotiriou - Immigration Barrister

In Sala (EFMs: Right of Appeal) [2016] UKUT 411 (IAC), the Upper Tribunal held that, as a decision on an application for a Residence Card for an extended family member requires the exercise of discretion by the...

Secretary of State, it is not a decision which concerns the Appellant’s entitlement to be issued with a Residence Card. As a result, such a decision does not meet the definition of “EEA decision” and...

5 Changes to the Tier 1 Entrepreneur Job Creation Requirement
By Gillian McCall - Barrister Partner

Today, 11 January 2018, new Immigration Rules are brought into place with a large number of changes to the wording of the Tier 1 Entrepreneur visa extension rules, including in relation to the job...

creation requirement.  The Rules for Entrepreneurs have been restructured in their entirety, in what we — and presumably the Home Office — hope will make them easier to apply correctly. Some of the biggest...

New Tier 2 (General) Rules to ease the burden for Students and Researchers
By Richmond Chambers -

A Statement of Changes to the Immigration Rules (HC309) was announced in early December 2017. There will be several significant changes to the Tier 2 (General) category, to be effective from 11 January 2018. A...

more lenient approach towards Tier 4 (General) Students switching to Tier 2 (General) Paragraph 6A.22 of the Statement of Changes substitutes paragraph 245HD(d)(i) with: “(i) The applicant must have...

New 180 day residence requirement for ILR as a PBS dependent partner
By Dr. Catherine Taroni - Barrister 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...

of paragraph 319E of the Rules. In 2016, a 180 day cap was introduced in a previous Statement of Changes (HC667) by way of reference to the definition of ‘continuous residence’ under paragraph...

Changes to the Tier 1 (Entrepreneur) Immigration Rules
By Paul Richmond - Managing Partner

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...

apply to all Tier 1 (Entrepreneur) applications submitted from 11 January 2018. According to the Home Office, the changes are intended to consolidate and clarify the rules for Tier 1 (Entrepreneur) applicants. In...

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

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...

brought by the Department of Health’s Visitor and Migrant Cost Recovery Programme raised NHS income from £89 million in 2012/13 to £290 million in 2015/16, much of it from the Immigration Health...

Interest in the UK Tier 1 (Investor) visa peaks again
By Paul Richmond - Managing Partner

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...

National Statistics today reveal that a total of 114 Tier 1 (Investors) visas were granted during the period from July to September 2017. This represents the third successive quarterly increase. From just...
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