All Articles: Points Based System

The UK’s global talent visa went live in February 2020, replacing the old Tier 1 (Exceptional Talent) route. Since that time, it has secured its place as a badge of honour for those deemed talented enough to obtain one. And with many applicants able to obtain indefinite leave to remain...

5th December 2024
BY Nick Gore

The high potential individual visa is aimed at individuals who have graduated from a top global university. There is considerable international competition to attract these sorts of individuals, who ministers like to call the “brightest and best”. A visa aimed at them can therefore be seen as a pitch: a...

19th November 2024
BY Nichola Carter

The Court of Appeal has held that “a simple statement to an employer that one of the people working for it has no right to work” is sufficient for the purposes of section 15(1) Immigration Asylum and Nationality Act 2006 when issuing an employer penalty notice. The case is Akbars...

13th November 2024
BY Sonia Lenegan

The skilled worker visa is the main work route under the points based immigration system. It was introduced on 1 December 2020, replacing a visa called Tier 2 (General). Joanna has previously explained the legal requirements for this visa. For example, the role must have a skill level of at...

5th November 2024
BY Nichola Carter

Employers in the UK are required to conduct right to work checks to ensure that their employees have the legal right to work. If the employer knows, or ought to know, that the individual does not have permission to work, they can face civil penalties of up to £60,000 and...

4th November 2024
BY Gordana Gligorevic

A Youth Mobility visa enables people aged 18-30 (or 35 for some countries) to live and work in the UK, usually for up to two years. It used to be called the “working holiday-maker scheme” and some people may still call it that. Crucially, there is no requirement to have...

31st October 2024
BY Alex Schymyck

The UK immigration system as it applies to the creative sector is a complicated hodgepodge of different categories, each with their own requirements and restrictions, advantages and disadvantages. These include visitor-based routes, such as creative visitors, permit free festivals and permitted paid engagements, as well as the now ubiquitous sponsored...

28th October 2024
BY Ross Kennedy

As the crackdown on sponsor licence compliance continues, in R (Tendercare Management Ltd) v Secretary of State for the Home Department [2024] EWHC 2154 (Admin) the High Court has considered another case involving the revocation of a care home operator’s sponsor licence. In contrast to previous revocation cases we looked...

23rd October 2024
BY Jack Freeland

Settlement or indefinite leave to remain is often the end goal for many immigration applicants. Settlement can often only be obtained after a certain number of years of continuous residence in the UK, meeting various immigration requirements, and paying thousands of pounds in various fees. But not all visa routes...

15th October 2024
BY Nick Gore

In April 2024, significant changes were made to the salary thresholds for the skilled worker visa route. The general salary threshold rose from £26,200 to £38,700, along with rises to the various salary concessions including for new entrants and PhD holders. There was also a raise to the ‘going rates’...

2nd October 2024
BY Joanna Hunt

The Home Secretary commissioned the Migration Advisory Committee (MAC) on 6 August 2024 to begin investigating the use of international recruitment and immigration in particular sectors, starting with the information technology, telecommunications and engineering sectors, which are in the top 10 sectors that have been reliant on international recruitment. The...

19th September 2024
BY Ross Kennedy

In this post I explain the variety of reasons that it is a very bad idea to submit a fee waiver application purely for the purpose of getting section 3C leave, with no eligibility for or intention of making the subsequent immigration application mentioned in the fee waiver application. The...

17th September 2024
BY Sonia Lenegan

An applicant has successfully challenged the Home Office’s refusal of his application for further leave to remain in the old Tier 1 (Entrepreneur) route after obvious errors were made both procedurally and in the refusal letter. The case is R (on the application of Ghadam) v Secretary of State for...

16th September 2024
BY Sonia Lenegan

In April this year, the government introduced significant increases to the qualifying salary rates for the skilled worker and global business mobility routes. While employers and potential employees grapple with how the new salary thresholds and ‘going rate’ percentiles affect new hires as compared to extensions in the same role,...

10th September 2024
BY Ben Maitland

The Home Office has confirmed via a notification on the sponsorship management system that some salary going rates (i.e. the salary requirements specific to those occupations eligible for sponsorship under the Skilled Worker route) included in March 2024 statement of changes to the immigration rules HC 590 were incorrectly stated...

3rd September 2024
BY Peter Nixon

Often corporate immigration advice can feel as though it boils down to Skilled Worker applications and little else. In amongst that “little else” is the UK Expansion Worker route, which came in to replace the sole representative route. We already have a briefing on how to apply under this route and...

28th August 2024
BY Robert Houchill

Sponsoring a foreign worker isn’t cheap. Application fees and visa taxes typically run to thousands of pounds. Since the UK left the European Union, the costs of sponsorship have also applied to employers who want to hire EU workers under the Points Based Immigration System. Some of the fees are...

20th August 2024
BY Irfan Ali

People from Commonwealth countries often ask whether they can get a British visa on the basis of their country’s historical ties to the UK. The answer is, generally speaking, “no”. But there is one route which is open only to, although not to all, Commonwealth nationals: the UK Ancestry visa....

15th August 2024
BY Nath Gbikpi

In the midst of time last year, it was announced that Tech Nation would cease operations on 31 March 2023, which we reported on here. Tech Nation is one of several ‘endorsing bodies’ that issue endorsements to individuals who are ‘exceptionally talented’ or ‘exceptionally promising’. Tech based applicants can apply...

2nd August 2024
BY Nick Gore

Being somewhat of a dinosaur (55) I can remember when the UK had a work permit system specific to entertainers and sportspeople. A little team of civil servants beavering away in an office near the Houses of Parliament, deciding who gets a work permit and who doesn’t. For two years...

19th July 2024
BY Steve Richard

The High Court has again confirmed that mandatory sponsor licence revocation is, indeed, mandatory. One Trees Estates Ltd, R (On the Application Of) v Secretary of State for the Home Department [2024] EWHC 1644 (Admin) brings consensus to the courts’ approach on the Home Office’s duty to undertake a wider...

9th July 2024
BY Jack Freeland

Currently a comfortable 23 points ahead in opinion polls with just under three weeks to the general election, the Labour Party has published its election manifesto. Sectors of the economy hit by a massive recent hike in salary thresholds for sponsoring skilled workers will be poring over the manifesto for...

19th June 2024
BY Ross Kennedy

With EU free movement fading into memory, the main visa route available for non British and Irish nationals wanting to work in the UK is now the Skilled Worker visa.  The Skilled Worker visa is a sponsorship system: a foreign worker cannot simply apply for this visa unaided. Applicants need...

6th June 2024
BY Joanna Hunt

As the Home Office continues to step up enforcement action in the care sector, we have had another sponsor licence revocation decision involving a large care home operator successfully judicially reviewed in the High Court. In R (New Hope Care Ltd) v Secretary of State for the Home Department [2024]...

4th June 2024
BY Jack Freeland

There is nothing wrong with the integrity of the process by which Educational Testing Service (“ETS”) identifies its English language test results as “invalid” or “questionable”, the Upper Tribunal has said. As a result, where ETS provides evidence indicating that the test relied upon by an individual was taken by...

3rd June 2024
BY Keelin McCarthy

The Home Office has published statistics for the period January to March 2024 showing a marked drop in the grant rate for asylum cases, tens of thousands of EU Settlement Scheme applications rejected as invalid, and a fee waiver backlog that seems to be rapidly spiralling out of control. My...

23rd May 2024
BY Sonia Lenegan

The Independent Chief Inspector of Borders and Immigration’s report An inspection of the immigration system as it relates to the social care sector’ has been published and has identified some serious shortcomings in the sponsor licence process for the sector, while noting that the Home Office has started putting systems...

28th March 2024
BY Sonia Lenegan

On 14 March 2024 the government published its latest statement of changes to the immigration rules, which included changes to a number of UK immigration categories.  The most significant changes were to implement the plans laid out by the Home Secretary in December.  These include raising the minimum income requirements...

25th March 2024
BY Ross Kennedy

As previously advised, today a statement of changes and explanatory memorandum to the immigration rules was published to bring in the income threshold increases for both skilled worker and Appendix FM partner routes. The immigration minister made a statement summarising the changes relating to the skilled worker, Appendix FM partner,...

14th March 2024
BY Sonia Lenegan

The latest immigration and asylum statistics have been published today. We have highlighted some of the interesting data below on asylum, EU Settlement Scheme, fee waivers and student and work routes. Asylum As many have been predicting for a while now, the asylum grant rate has dropped substantially in the...

29th February 2024
BY Sonia Lenegan

The Migration Advisory Committee has completed the rapid review of the shortage occupation list that it was commissioned to carry out in late January and has recommended that 21 occupations are included on the new immigration salary list. The government has already announced that a statement of changes will be...

26th February 2024
BY Sonia Lenegan

While not natural bedfellows, business immigration lawyers are finding themselves increasingly immersed in the world of corporate transactions, thanks to the rise in the number of businesses holding sponsor licences. An important principle of sponsorship is that a sponsor licence is not transferable. This means that it is given to...

20th February 2024
BY Joanna Hunt

This is the third of my series of articles where I have enlisted the help of my specialist private wealth and tax colleague Emma Read to explain what some of the legal consequences of moving to the UK may be for people, beyond the need to sort their immigration status....

7th February 2024
BY John Vassiliou

This is the second of my series of articles where I have enlisted the help of my specialist private wealth and tax colleague Emma Read to explain what some of the legal consequences of moving to the UK may be for people, beyond the need to sort their immigration status....

1st February 2024
BY John Vassiliou

A ministerial statement made today has confirmed that there are two statements of changes coming in the next couple of months. The first will remove the ability of care workers to bring dependants, and the second will include the increase to the minimum income requirement for families, among other changes....

30th January 2024
BY Sonia Lenegan

Earlier this month we considered a High Court judgment which upheld the Home Office’s decision to revoke a large care home operator’s sponsor licence due to several non-compliance issues. The High Court has now handed down its judgment in Supporting Care Ltd, R (On the Application Of v Secretary of...

29th January 2024
BY Jack Freeland

Most Free Movement content is, unsurprisingly, about movement (even if it’s not free these days). But what happens after movement to the UK? Well, two things are certain: death and taxes. Many immigration practitioners, myself included, are blissfully unaware of the numerous other legal consequences that might crop up outside...

25th January 2024
BY John Vassiliou

Appendix Children was published in October 2023 and consolidates most of the rules for child dependents of parents on points-based immigration routes which were previously spread out across the individual categories. It also covers children applying in their own right in points-based categories that allow for that, such as the...

18th January 2024
BY Alex Piletska

The High Court ruling in Prestwick Care Ltd & Ors v Secretary of State for the Home Department [2023] EWHC 3193 (Admin) has upheld the Home Office’s decision to revoke the sponsor licence of a large care home operator in the North East. The judgment is a harsh reminder that,...

9th January 2024
BY Jack Freeland

On Monday the new Home Secretary presented a “five-point plan” to reduce UK immigration after a feverish fortnight of the right of the Conservative party, most of the opposition, plus every news outlet badgering him about the Office for National Statistics revising its estimate of 2022’s net migration up to...

7th December 2023
BY Ross Kennedy
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