Richmond Chambers Immigration Barristers

In this, the second of two posts on the topic, we look at visit visas for creative artists and entertainers. If you are a musician, dancer, actor or indeed have any other connection to the arts, read on to find out more about visiting the UK as an artist or entertainer.

In this, the first of two posts on the topic, we look at visit visas for creative artists and entertainers. If you are a musician, dancer, actor or indeed have any other connection to the arts, read on to find out more about visiting the UK as an artist or entertainer.

The first details are emerging of the Government’s post-Brexit points-based immigration system, set to be introduced from January 2021.

While the No Recourse to Public Funds (‘NRPF’) condition remains a relatively unknown facet of the highly-litigated landscape of hostile environment policy, it has received greater scrutiny in light of recent litigation and since the publication of a report by the The Unity Project in June 2019. No Recourse to Public Funds is a condition imposed on a person’s immigration status in the UK, which prevents them from accessing mainstream benefits such as Universal Credit and Housing Benefit (more about NRPF can be read here). This article discusses several recent developments concerning NRPF.

The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019.

The Supreme Court delivered its long anticipated judgment on Zambrano carers in Patel v Secretary of State for the Home Department [2019] UKSC 59 on 16 December 2019.

In this post we answer some of the questions that are most frequently asked by individuals and businesses who are considering applying for a Sole Representative of an Overseas Business visa.

January is often referred to as the ‘divorce month’ and according to recent reports 8th January is a popular day to dissolve marriages. There are many who are in the UK with leave to enter or remain and are dependent on their relationship or marriage or civil partnership. What happens if this applies to you and your relationship permanently breaks down? What action do you need to take if you separate or get divorced? What are the implications of a relationship breakdown and can you remain in the UK? The article focuses on Appendix FM of the Immigration Rules. Different considerations will apply to other categories.

A reconsideration entails a review by the Home Office of a decision that it has made. If you have lodged an appeal in the First Tier Tribunal against an immigration decision, you may wish to consider submitting a reconsideration request (if relevant, with new evidence in support of your case) to the Home Office while the appeal is pending. Our barristers can advise you about whether your case is suitable for requesting a reconsideration.

Dependent Parents of EEA citizens (or of their spouse or civil partner) can apply under the EU Settlement Scheme for pre-settled or settled status. However, under Appendix EU, it is unclear what the meaning of ‘dependent’ is, how it can be demonstrated, or if dependency needs to be demonstrated at all.

The new Immigration Rules introduced on 29 March 2019 allow students to apply to switch into the Tier 2 category in the UK 3 months prior to the expected completion date of their course. You must be applying from the UK and should apply prior to the expiry of your current Tier 4 visa.

Although the Tier 1 Entrepreneur category is closed to new entrants, those who hold leave in the Tier 1 (Graduate Entrepreneur) route currently or have held it in the last 12 months are still able to apply to enter the Tier 1 (Entrepreneur) route and therefore will need to make a choice about whether to apply as an Innovator or a Tier 1 (Entrepreneur), if they wish to continue their business in the UK. Additionally, there may be some individuals who are already in the Tier 1 (Entrepreneur) category who may be better served by switching to the Innovator route, rather than remaining in the Tier 1 (Entrepreneur) category. In this article we will look at the pros and cons of both categories.

Faced with a potential post-Brexit brain drain, the Home Office has today announced the introduction of a new Global Talent visa.

This post follows our previous post about meeting the financial requirement for a spouse visa for couples returning from overseas to live in the UK. In this follow-up post, we take a more detailed look at how the requirement can be met through the Sponsor’s employment or self-employment. The rules are both forward-looking and backward-looking.

For a British or settled individual who is relocating to the UK with their non-British or settled partner after spending time overseas, the financial requirement for a spouse visa can be trickier than for couples where the sponsor is already in the UK. In this blog post, we take a look at the specific rules concerning the financial requirement for couples preparing to return to the UK together. In a subsequent post we will take a more detailed look at how the requirement can be met through the Sponsor’s employment or self-employment.

The Sole Representative of an Oversea Business category is for individuals who are employed by a business outside of the UK who are being sent to the UK by their employer for the purpose of opening and operating a branch or subsidiary of the same business in the UK. In this article we will look at the requirement to be recruited outside of the UK.

In this post, we consider the approach that the courts have adopted when considering the public interest in deporting foreign offenders.

One of the requirements in order to register or naturalise as a British Citizen is to be of ‘good character’. This applies to anyone over the age of 10 at the date of application.

The first details are emerging of the Government’s post-Brexit points-based immigration system, set to be introduced from January 2021.

Appendix FM of the Immigration Rules is family members of British nationals such as unmarried partners, fiance(e)’s, spouses or children coming to the UK. Most people in this category will need to meet a financial requirement as part of their application and the rules set out some specific ways in which those requirements can be met. In this article we will look at how someone with property rental income can meet the financial requirement.

What happens when an applicant for leave to remain in the UK as the partner of a British or settled person does not meet all of the requirements of the immigration rules? They may still be able to acquire leave to remain on the basis of their right to private and family life under Article 8 of the European Convention on Human Rights. This will be possible if they are able to show that they would face ‘insurmountable obstacles to family life continuing outside the UK with that partner’ as outlined in EX.1.(b) of the Immigration Rules.

With government bonds no longer an investment option for UK Investor visa holders, the attention of many Tier 1 Investors has naturally turned to UK companies, with some savvy investors looking to invest in the UK’s start-up scene. But can Tier 1 Investors invest in UK start-ups?

The Arts Council can endorse applications for individuals with expertise in arts and culture including dance, music, theatre, combined arts, literature and visual arts (museums and galleries). Over the years, the Immigration Rules have been updated to become more and more specific about the evidence that they want to see to prove that a person is either exceptionally talented or exceptionally promising.

In this article we look at the most common reasons for refusal of a UK visit visa application.

This is the third post in a series of blogs regarding recent developments in case law on overstaying and applying for settlement, also known as indefinite leave to remain (‘ILR’), on the basis of 10 years long residence. The first and second post, provided an in-depth exploration of the recent cases on the interpretation of 10 years of continuous lawful residence.

If an individual is over 18 and has made a successful application to become a British citizen, they will be required to attend a citizenship ceremony. The individual is required to attend a ceremony by law.

Under the Immigration Rules, there are different requirements if you plan to change employment while on a Tier 2 (General) visa. We have prepared answers to a selection of questions frequently asked by Tier 2 (General) migrants when changing employment.

The British Nationality Act (BNA 1981) contains a good character requirement, which applies to certain applications for registration and naturalisation for those over 10 years old at the date of application. The good character requirement previously only applied for naturalisation applications, but in 2010 this was extended to other routes to citizenship.

In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was subsequently introduced, incorporating an adequate maintenance requirement.

Spouses or partners of British or settled persons can apply for indefinite leave to remain in the UK up to 28 days before they reach 60 months in the UK with leave as a partner so long as they have been granted leave in the 5 year route. ILR applications can be processed very quickly – the super priority service is available for a fee and offers 24 hour processing by the Home Office.

Many South African citizens have some connection to the UK which may give rise to a basis on which they can apply for a visa to move to the UK. For example, as a citizen of South Africa, you might have a British parent, grandparent, or partner. In this post we look at the options you might have as a South African with a British parent, grandparent or partner.

The English language requirement for partner and parent visas was introduced on 29 November 2010 by then Home Secretary Theresa May, who stated at the time that ‘the new English requirement for spouses will help promote integration, remove cultural barriers and protect public services’. This requirement is equally relevant for partner and parent visa applications.

The British Nationality Act (BNA 1981) allows individuals to naturalise under either section 6(1) or 6(2) of the Act. Section 6(2) applies where an individual is married to a British citizen. An Applicant will need to demonstrate their commitment and future intentions to have their principal home in the UK before they can naturalise as a British citizen. They will also need to satisfy an absence requirement.

The British Nationality Act (BNA 1981) contains a good character requirement, which applies to certain applications for registration and naturalisation for those over 10 years old at the date of application. The good character requirement previously only applied for naturalisation applications, but in 2010 this was extended to other routes to citizenship.

In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was subsequently introduced, incorporating an adequate maintenance requirement.

The English language requirement for partner and parent visas was introduced on 29 November 2010 by then Home Secretary Theresa May, who stated at the time that ‘the new English requirement for spouses will help promote integration, remove cultural barriers and protect public services’. This requirement is equally relevant for partner and parent visa applications.

The British Nationality Act (BNA 1981) allows individuals to naturalise under either section 6(1) or 6(2) of the Act. Section 6(2) applies where an individual is married to a British citizen. An Applicant will need to demonstrate their commitment and future intentions to have their principal home in the UK before they can naturalise as a British citizen. They will also need to satisfy an absence requirement.

The British Nationality Act (BNA 1981) contains a good character requirement, which applies to certain applications for registration and naturalisation for those over 10 years old at the date of application. The good character requirement previously only applied for naturalisation applications, but in 2010 this was extended to other routes to citizenship.

In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was subsequently introduced, incorporating an adequate maintenance requirement.

As outlined in our previous series of blog posts, immigration judicial review allows you to challenge decisions by the Home Office when the decision does not attract a right of appeal or administrative review. An important consideration when deciding whether to pursue immigration judicial review is the potential cost implications. The general rule is that the unsuccessful party will pay the costs of the successful party. Therefore, if you do not succeed, you may be liable to pay the costs of the Home Office. Of course, it is also important to take into account that if you are successful, the Home Office may be liable to pay your costs.

The Senior President of Tribunals’ Annual Report was published on 30 October 2019. A copy of the full report can be accessed: here.

Here are the top 10 questions that our clients ask us about the Life in the UK test

Under Appendix FM to the Immigration Rules, family members applying for entry clearance or leave to remain must provide evidence of an annual income of at least £18,600, which is known as the minimum income requirement (“MIR”), plus an additional £3,800 for the first child and £2,400 for each additional child.

Tier 1 Investor visa holders can apply for settlement or indefinite leave to remain (ILR) in the UK once they have spent a continuous period of 2, 3 or 5 years with leave in the United Kingdom under the Tier 1 Investor visa route.

In July 2012, the Immigration Rules were changed to implement new requirements for non-EEA nationals applying to enter or remain in the UK under the family migration route. Appendix FM of the Immigration Rules was subsequently introduced, incorporating an adequate maintenance requirement.

On 2 October 2019, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18 which concerns Chen applications and the source of funds for self-sufficiency. 

In the recent case of ZA (Reg 9. EEA Regs; abuse of rights) Afghanistan [2019] UKUT 281 (IAC), the Upper Tribunal found that there is no basis in EU law for the centre of life test, as set out in Regulation 9(3)(a) of the Immigration (European Economic Area) Regulations 2016 (the “Regulations”). It further found that it is not to be applied when Judges assess Surinder Singh cases that appear before them.

In this article we examine the working arrangements of sole representatives, looking at the terms and conditions of employment that the Home Office will expect a sole representative to have in order to qualify as a representative of an overseas business.  

The Immigration Rules require that an applicant for a sole representative visa is not “a majority shareholder in the overseas business”.

As a Sponsor, you may be required to pay the Immigration Skills Charge (ISC) each time you sponsor a migrant in the Tier 2 General or Intra-Company Transfer (ICT) Long-term Staff subcategory.

In applications for entry clearance where the applicant has a negative immigration history in the UK, the application may be refused under the general grounds for refusal, which are found in part 9 of the Immigration Rules. Where an applicant has  ‘previously contrived in a significant way to frustrate the intentions of the Immigration Rules’,  the application could be refused under paragraph 320(11). In this post we look at five frequently asked questions about paragraph 320(11). 

British nationality law permits multiple nationality and multiple citizenship, including dual nationality and dual citizenship.

The Exceptional Talent and Exceptional Promise categories are for individuals who are recognised leaders or emerging leaders in their field of expertise. There are a number of endorsing bodies for lots of different fields of work, including artists and musicians, architects, digital experts, scientists and academics. While there isn’t an endorsing body for every expert, the growing list means that many individuals could enjoy the flexibility that this category has to offer. 

The Immigration Act 2014 (“the 2014 Act”) reduced the circumstances in which the refusal of an immigration application will give rise to a right of appeal. The explanatory notes to the 2014 Act state that the Act was intended to restructure rights of appeal to the Immigration Tribunal. Previously, a right of appeal to the Immigration Tribunal existed against any of the 14 different immigration decisions listed in s.82 of the  Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). As explained below, whether or not the refusal of an immigration application currently generates a right of appeal depends on the subject matter of the application rather than its categorisation.

Today the Government announced plans for a new Graduate Visa which will enable international students to work in the UK for two years following their graduation, a significant increase from the current permitted duration of four months. The decision to introduce a Graduate Visa has been welcomed by numerous politicians and universities, and will no doubt be welcomed by students too. 

On 9 September 2019, the Home Office presented its latest Statement of Changes to the Immigration Rules (HC 2631). A number of minor amendments are being introduced to the business, investment and talent immigration categories. 

British nationality is somewhat unique as there are various different forms of nationality, with fewer rights attached to them than being a ‘British Citizen’. These are a consequence of the UK’s close historical connection with many foreign states and territories during the time of the British Empire. This blog post discusses Hong Kong and the status of British National (Overseas) Citizens, including their eligibility for settlement in the UK and British citizenship.

Correspondence published by the Upper Tribunal on 3rd September 2019 has revealed that the Home Office is unsure when the Immigration (EEA) Regulations 2016 will be amended to fully recognise appeal rights for extended family members of EEA nationals, but that appeals should still be heard by Tribunals.

The Tier 2 visa is for those who have received an offer of a skilled job from a licensed sponsor in the UK. Among other eligibility requirements, you must meet the minimum salary requirement. The minimum salary requirement is highly dependent on the specific Tier 2 visa the migrant is applying for. The rules regarding the minimum salary requirements are summarised below.

Individuals coming to the UK for work or investment purposes, such as Entrepreneurs, Innovators, Investors, Sponsored Workers and Sole Representatives, are usually able to bring family members with them, including a Spouse or Partner and children who are under the age of 18. However, there are specific rules in place which can make it difficult for some families to bring their children. In this article we will look at what the Immigration Rules require, why they are not fit for purpose and what applicants can do about it. 

There comes a time in every UK spouse visa holder’s life when their thoughts naturally turn to …. applying for an extension of stay.  That time normally comes a few months before they have been living in the UK as a spouse of a British citizen or settled person for 2.5 years.  In this post we look at ten of the most common questions asked by spouse visa holders when considering applying for a spouse visa extension.

There are a number of immigration categories where it is possible to qualify for indefinite leave to remain ILR after 5 years.  Some of these categories include a requirement to spend not more than 180 days outside the UK in any 12 month period during the 5 years.  In this post we look at the immigration routes which permit ILR after 5 years and the continuous residence requirement.

In order to employ skilled workers with a long-term job offer from outside the EU, UK employers must first submit a Tier 2 Sponsor Licence application.  Non-EEA nationals must have a job offer from an employer that has made a successful Tier 2 Sponsor Licence application before they can apply to come to, or remain in, the UK for work.  In this post we provide a short guide for employers about making a Tier 2 Sponsor Licence application.

Not quite citizenship, and yet more than just a visa … the status of Indefinite Leave to Remain or ILR has its own specific characteristics. In this post, we take a look at some of the most frequently asked questions from those who have been granted Indefinite Leave to Remain status, including how to prove it, the rights that it gives you, and how it can be lost or maintained. 

The 10 years long residence route to indefinite leave to remain (ILR) provides a route to settlement based on continuous lawful residence in the UK for a period of 10 years.  In this post, we look at the requirements for a successful application for ILR on the basis of 10 years long residence.

The Tier 1 Entrepreneur visa route closed to new applicants on 29 March 2019. However, if you entered the category prior to this date, a Tier 1 Entrepreneur visa extension application may well be within your sights. In this post we look at two recent decisions of the Court of Appeal and Administrative Court which emphasise the importance of ensuring that a Tier 1 Entrepreneur visa extension application is supported by the right documents, in the right format.

Prior to 2014, it was not possible to get an award for unreasonable costs in immigration appeals. However, Rule 9(2) of the Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chambers) Rules 2014 changed this, stating that the Tribunal may make an order in respect of costs if a person has acted unreasonably in bringing, defending or conducting proceedings.