All Articles: Points Based System

The Home Office’s new innovator visa went live, in terms of being incorporated into the Immigration Rules, on 29 March 2019. Unfortunately, almost a week on and it’s still anything […]

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4th April 2019
BY Nichola Carter

The government’s flagship new visa for overseas entrepreneurs is facing early problems as it emerges that few of the organisations required to endorse applicants are prepared to do so. Most […]

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4th April 2019
BY CJ McKinney

Almost as soon as a court has provided substantive guidance on a particular area of immigration law, the law seems to change. So it is in R (Islam) v Secretary […]

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1st April 2019
BY Darren Stevenson

The new innovator and start-up visas went live today. They replace the Tier 1 (Entrepreneur) route which is now closed to new applicants, and the Tier 1 (Graduate Entrepreneur) route […]

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29th March 2019
BY CJ McKinney

Depending on which pundit you speak to, a no-deal Brexit has either got more likely or less likely over the last couple of weeks. It remains the default if the […]

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26th March 2019
BY Iain Halliday

The Home Office amended its definition of a ‘professional sportsperson’ back in January 2019. At the time, I set out why I thought the changes were significant: Why coaching your […]

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19th March 2019
BY Nichola Carter

A new statement of changes to the Immigration Rules was published today, 7 March 2019. It is 294 pages long and covers a lot of ground. The main changes are to […]

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8th March 2019
BY Nath Gbikpi

Over the next 12 months, the government will be rolling out a whole package of measures designed to enhance the UK’s global image. These will include both new and relaxed […]

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4th March 2019
BY Nichola Carter

Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness and the Points Based System, […]

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20th February 2019
BY Darren Stevenson

The government recently published information about arrangements for EU citizens who move to the UK after the UK leaves the EU in the event of a no-deal Brexit. The proposals […]

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5th February 2019
BY Nichola Carter

For reasons that don’t appear to have been explained anywhere, at least not that I can find, the Home Office has made significant changes to the definition of a professional […]

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18th January 2019
BY Nichola Carter

The Court of Appeal has reluctantly but unanimously agreed with the Home Office’s decision to refuse a Tier 1 (Entrepreneur) application for further leave to remain based on a factual […]

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15th January 2019
BY Pip Hague

There is so much in the immigration white paper, publishedjust before Christmas, that sounds pretty good for employers. But if the sponsorship system is to cope when extended to cover skilled […]

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9th January 2019
BY Nichola Carter

There is one, overwhelming, message from the immigration White Paper published on 19 December. It is mentioned in the Foreword by the Prime Minister, and the Foreword from the Secretary […]

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21st December 2018
BY ILPA

The government has published its plan spelling the end of free movement. A long-awaited white paper on post-Brexit migration proposes that EU workers would in future have to earn a […]

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19th December 2018
BY CJ McKinney

A statement of changes to the Immigration Rules was published today, 11 December 2018. The main changes are to introduce the pilot scheme for short-term agricultural workers that was announced […]

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11th December 2018
BY Nath Gbikpi

The Home Office has rowed back last week’s announcement that the Tier 1 (Investor) route was suspended with near-immediate effect. It was widely reported last Thursday that the route would […]

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11th December 2018
BY CJ McKinney

We expected a full statement of changes to the Immigration Rules to be laid before Parliament yesterday but instead we got a statement about the statement. The immigration minister, Caroline […]

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7th December 2018
BY CJ McKinney

R (Liral Veget Training And Recruitment Ltd) v Secretary of State for the Home Department [2018] EWHC 2941 (Admin) was a challenge to the Home Office’s decision to revoke a company’s […]

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6th November 2018
BY CJ McKinney

To go along with the private jet and luxury yacht, the current ‘must-have’ for a discerning multi-millionaire seems to be a range of international passports. The phenomenon of citizenship by […]

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31st October 2018
BY Joanna Hunt

A new statement of changes to the Immigration Rules was laid on 10 October 2018. There is some very welcome news, including more flexibility given to caseworkers on whether and when […]

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12th October 2018
BY Nath Gbikpi

In the case of Pathan & Anor v Secretary of State for the Home Department [2018] EWCA 2103 the Court of Appeal reminds us, once again, of the rigidity and inflexibility […]

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4th October 2018
BY Nath Gbikpi

After months of uncertainty we finally have a picture emerging of what the post-Brexit immigration system will look like. We have known for some time that after we leave the […]

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3rd October 2018
BY Joanna Hunt

Today’s Migration Advisory Committee recommendations are incredibly significant from a UK employer’s perspective. I can immediately see that a huge number of UK employers are likely to be faced with potentially […]

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18th September 2018
BY Nichola Carter

The Migration Advisory Committee (MAC) has published its long-awaited research into migration from the EU and how it should be managed after Brexit. The report will disappoint advocates of a […]

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18th September 2018
BY CJ McKinney

Shadow Home Secretary Diane Abbott delivered a speech today on what Labour in government would do about immigration. It doesn’t do to get too excited about these pronouncements, because Labour […]

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13th September 2018
BY CJ McKinney

Immigration lawyers helping sponsoring universities navigate the complexities of the Points Based System naturally have an economic interest in overseas students — but then so does the rest of the […]

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11th September 2018
BY CJ McKinney

The guidance that Tier 2 and 5 sponsors must follow was updated last week. The new version applies to sponsor licence applications made, and certificates of sponsorship assigned, on or […]

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23rd July 2018
BY Pip Hague

Taking part in strike action can be stressful enough. But for migrant workers who are sponsored by their employer, striking has also had the potential to place their immigration status […]

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23rd July 2018
BY Nichola Carter

As regular readers of this blog will be aware, the Home Office’s latest statement of changes to the Immigration Rules comes into force tomorrow (Friday 6 July 2018). Nath has […]

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5th July 2018
BY Iain Halliday

In the case of R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal found that “residence” in the UK […]

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27th June 2018
BY Nath Gbikpi

On Friday 15 June, a new statement of changes was laid. Rather atypically, many of the changes are welcome news! All changes will come into force on 6 July 2018, […]

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18th June 2018
BY Nath Gbikpi

Less than two months into the job, Sajid Javid appears to be, so far, quite a pragmatic Home Secretary. Following six months of the Tier 2 cap wreaking havoc amongst […]

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18th June 2018
BY Joanna Hunt

With London Tech Week upon us, Sajid Javid today announced the introduction of a new “start-up” visa route for entrepreneurs looking to set up businesses in the UK. According to […]

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13th June 2018
BY Nick Nason

What started as a minor aberration has now turned into a worrying trend. The Home Office confirmed on 24 May that we have hit the monthly cap on visas for skilled […]

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25th May 2018
BY Joanna Hunt

The responsibility to take the utmost care to ensure that the Points Based System, Immigration Rules and guidance are followed remains with the sponsor. A Mr Talpada attempted to challenge […]

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15th May 2018
BY Pip Hague

One of the interesting aspects of the ongoing national debate about Brexit is the prominent position occupied in the debate by the UK fishing industry. I would venture to say […]

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15th May 2018
BY Darren Stevenson

Today is the deadline for employers with 250 or more employees to publish calculations showing the size of the pay gap between their male and female workers. The gender pay […]

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4th April 2018
BY Joanna Hunt

Businesses across the UK began receiving notification emails last week from the Home Office confirming that their applications for restricted certificates of sponsorship had been approved. This is because they had […]

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20th March 2018
BY Nichola Carter

The Ganges and Gurkha is the 60th most popular restaurant in Plymouth. It serves Nepalese and Indian food, and was shortlisted for the British Curry awards in 2013. In 2015, […]

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16th March 2018
BY Nick Nason
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