This autumn will see a decided shift in immigration policy toward being more welcoming to non-EU academics, scientists and researchers; a group commonly defined by
“I have a client,” said the tax lawyer with splayed finger tips connected, “and this client may or may not have deposited half a million
The Home Office regularly updates the guidance documents that it issues to approved visa sponsors, and those thinking of becoming one, under Tiers 2, 4
The Tier 1 (Entrepreneur) visa route was closed in March 2019. At the same time, two new immigration routes — Innovator and Start-up — came
Where a company sponsors a worker from overseas to fill a vacancy in the UK they must only do so if that vacancy is “genuine”.
The government has asked a group of independent academic experts to look again at the Migration Advisory Committee’s proposal for a £30,000 minimum salary for
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using
An influential government advisory group has recommended a major expansion of the list of jobs that get priority for work visas. The Migration Advisory Committee
Hot on the heels of the decision in Sajjad comes another mind-bending Home Office decision on Tier 1 (Entrepreneur) visa extensions, this time relating to
At the risk of sounding negative in the middle of Brexit, there’s a lot wrong with the new innovator visa route. The main problem being
At the end of March 2019, the UK government launched its new innovator visa for overseas entrepreneurs and closed the Tier 1 (Entrepreneur) category to
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously
From 29 March 2019 the government’s new ‘start-up’ visa finally opened for new applicants. Announced last June, the visa is intended as a replacement to
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a
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
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
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
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
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
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
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.
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
Bhandari & Anor v Secretary of State for the Home Department [2019] EWCA Civ 129 considered some fairly elderly Upper Tribunal case law on fairness
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
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 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
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
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 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
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
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
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
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
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.
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
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,
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
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
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
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
This autumn will see a decided shift in immigration policy toward being more welcoming to non-EU academics, scientists and researchers; a group commonly defined by the somewhat worn-out phrase, “the brightest and the best”, first coined by David Cameron in October 2011. The upcoming rule changes will see the removal...
“I have a client,” said the tax lawyer with splayed finger tips connected, “and this client may or may not have deposited half a million pounds into a bank account in the Cayman Islands in the 1980s”. The room erupted with hearty laughs and knowing nods across the boardroom table....
The Home Office regularly updates the guidance documents that it issues to approved visa sponsors, and those thinking of becoming one, under Tiers 2, 4 and 5 of the Points Based System. Tier 4 covers sponsors of international students and Tiers 2 and 5 relate to those coming to the...
The Tier 1 (Entrepreneur) visa route was closed in March 2019. At the same time, two new immigration routes — Innovator and Start-up — came into being. But entry to either scheme rests on the notoriously difficult task of getting an endorsement. Innovator – just too big a risk? I...
The government has asked a group of independent academic experts to look again at the Migration Advisory Committee’s proposal for a £30,000 minimum salary for a UK work visa post-Brexit. It has commissioned the, er, Migration Advisory Committee. In September 2018, the MAC published a major report on the future...
Since 20 May 2019, people from Australia, Canada, Japan, New Zealand, Singapore, South Korea and the USA have been able to enter the UK using ePassport gates (‘eGates’). British and EU citizens have been able to use eGates since 2008. The Home Secretary, Sajid Javid, said at the time that...
An influential government advisory group has recommended a major expansion of the list of jobs that get priority for work visas. The Migration Advisory Committee (MAC), a crack team of economists that advises the government on immigration, published its recommendation for a new Shortage Occupation List yesterday. Assuming it is...
Hot on the heels of the decision in Sajjad comes another mind-bending Home Office decision on Tier 1 (Entrepreneur) visa extensions, this time relating to job creation. In R (Khajuria) v SSHD [2019] EWHC 1226, an Indian entrepreneur had created the jobs necessary to extend her visa but her application...
At the risk of sounding negative in the middle of Brexit, there’s a lot wrong with the new innovator visa route. The main problem being that it is effectively closed to migrants, certainly those overseas. Previous articles on the innovator route have focused on how the scheme works — and...
At the end of March 2019, the UK government launched its new innovator visa for overseas entrepreneurs and closed the Tier 1 (Entrepreneur) category to new applicants. The innovator visa is aimed at “more experienced business people” who have £50,000 to invest in an innovative business which could be scaled...
One of the requirements for Tier 1 (Entrepreneur) migrants extending their visas in the UK is to show they have invested £200,000 that they previously showed was available for investment in their initial applications. The important case of R (Sajjad) v SSHD [2019] EWCA Civ 720 is about the ways...
From 29 March 2019 the government’s new ‘start-up’ visa finally opened for new applicants. Announced last June, the visa is intended as a replacement to the Tier 1 (Graduate Entrepreneur) route but carries with it the expectation that it will, as Sajid Javid declared at the time, ensure that the...
R (SRI Lalithambika Foods Ltd) v Secretary of State for the Home Department [2019] EWHC 761 (Admin) contains a practical tip to help rescue a sponsor licence from suspension or revocation. Charles Bourne QC, sitting as a deputy High Court judge, explains that receipt of a suspension letter presents a...
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 but live for those hoping to make an application. CJ has been looking into the role of the organisations approved...
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 of the official endorsing bodies for the newly launched innovator visa have told Free Movement that they are either unable...
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 which will close from 6 July. All applicants for these visas must now have the endorsement of an organisation certifying...
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 UK-EU withdrawal agreement is not passed at the third time of asking, and a further extension is not agreed by...
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 kid’s football team could breach your visa conditions. Since then, a number of universities and other organisations have also expressed...
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 Tier 1 entrepreneur and investment visas, and to the EU Settlement Scheme. This requires, inevitably, a new appendix to the...
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 immigration options for innovators, tech experts, scientists, researchers, artists and sportspersons. The Home Office’s approach to visiting artists and sportspersons...
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, and in particular a decision of Mr Justice Blake in Patel (Revocation of Sponsor Licence: Fairness: India) [2011] UKUT 211...
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 would mean that EU (and EEA) national children who move to the UK between the date the UK leaves the...
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 sportsperson. This is important because a prohibition on performing activities as a professional sportsperson is a condition of most UK...
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 issue of specified documents not being submitted. It rejected arguments that evidential flexibility should apply. The case is Harpreet Singh...
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 workers arriving from the EU, a huge amount of work will be needed to simplify it. The white paper...
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 of State for the Home Department. The aims of the White Paper are: to bring an end to free movement...
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 minimum salary in a job requiring A-level qualifications or above to be sponsored for a UK work visa. “Low-skilled” workers...
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 earlier this year, and to expand the domestic violence settlement scheme to cover refugees. The more fundamental changes to Tier...
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 be closed to new applications from midnight the next day due to concerns over money laundering, but the department provided...
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 Nokes, gave us a sneak preview of a range of tweaks to the rules that will be laid “shortly”. The...
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 licence to sponsor non-EU citizens for work visas. It failed. The case was about the Tier 2 (General) visas...
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 investment has emerged over the last few decades and developed into a billion dollar industry. These “CIP” schemes enable the...
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 they can write to applicants to ask for missing documents. (Whether they will in practice or still refuse for...
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 EU on 29 March 2019, the plan is to enter a transition period until 31 December 2020 which will see...
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 significant new administrative burdens if the recommendations are implemented. The vast majority of UK employers have little or nothing...
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 fairly liberal regime, recommending as it does that if there is no specific agreement with the EU on migration, there...
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 is not in government, but here is a link to the full text and a few highlights. Labour wants to...
