Author Archive
Gaza: what is the UK doing to rescue British citizens and their family members?
The UK government is limiting evacuations from Gaza to British citizens only, forcing families to separate if any of them are to be safe, leaving others in extremely dangerous circumstances. It has been one month since the war started, and Israel̵ ...
7th November 2023How to apply for a Global Business Mobility: Secondment Worker visa
The Global Business Mobility: Secondment Worker visa route is for overseas workers who are undertaking temporary assignments in the UK. The worker must be seconded to the UK as part of a high value contract or investment by their employer overseas. Th ...
17th July 2023Briefing: the Seasonal Worker visa
The Seasonal Worker route is one of those visas in the Temporary Worker family, allowing people to come to the UK for short stints without the right to stay long term. Seasonal Worker visas made up around half of all temporary worker gr ...
16th June 2023How to apply for a Global Business Mobility: Service Supplier visa
The Global Business Mobility: Service Supplier route is for overseas workers who are undertaking temporary assignments in the UK. The applicant must be either a contractual service supplier employed by an overseas service provider or a self-employed i ...
24th May 2023How to apply for a Senior or Specialist Worker visa
The Global Business Mobility Senior or Specialist Worker visa was previously known as the Intra-Company Transfer visa. In 2022, the route was rebranded and grouped together with four other temporary work visas now known as the Global Business Mobility ...
13th April 2023Sponsor licence holders should complete mock audits to prepare for Home Office checks
When employers apply for and are granted a licence to sponsor workers, they make a pledge to accept all the duties of sponsorship, and the Home Office can take compliance action when they consider that a sponsor has failed to uphold their duties or ot ...
1st March 2023Introducing proportionality assessments into marriage of convenience cases
In an unreported case, Upper Tribunal Judge Stephen Smith held that a proportionality assessment should happen in marriage of convenience cases. Secretary of State of the Home Department v Ms Dora Nketia (unreported) 11 Aug 2022 EA/04841/2019 concern ...
14th October 2022How to apply for a Temporary Work – Creative Worker visa
What is a creative worker visa and why is this route useful? A Creative Worker is someone who can make a unique contribution to the country’s rich cultural life, for example, as an artist, dancer, musician or entertainer, or as a model contributing ...
21st September 2022Abolition of police registration requirement for migrants announced
Earlier this month, the Home Office announced the abolition of the Police Registration Scheme. The scheme required certain foreign nationals to register with the police and keep them updated about important changes to their personal details. The aboli ...
18th August 2022Seasonal Workers must now be paid at Skilled Worker rates
At the moment, everyone on a Seasonal Worker visa must be paid minimum wage. That means £9.50 an hour for people over 23 (the “National Living Wage”), a bit less for 21-22 year olds, and £6.83 for those aged 18 to 20. From 6 April 2022, ...
1st April 2022Procedural unfairness arguments unlikely to help in Points Based System refusals
The Court of Appeal has held that there is no right based on procedural fairness for a migrant to be offered a chance to cure deficiencies in his or her Points Based System application before it is refused. The case is R (Taj) v Secretary of State for ...
25th January 2021A very short introduction to the new Points Based Immigration System
The new Points Based Immigration System — replacing the old Points Based System that was introduced in 2008 — went live yesterday. The government is hailing it as a “simple, effective and flexible system”, although there are ea ...
2nd December 2020High Court on how to save a sponsor licence
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, expla ...
5th April 2019Failure to submit specified documents fatal to Tier 1 (Entrepreneur) application
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 arg ...
15th January 2019Updates to the Tier 2 and 5 guidance for sponsors
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 after 18 July 2018. Some of the key changes are: Fees and refunds ...
23rd July 2018No legitimate expectation arises from a chat with the Business Helpdesk
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 the applicability of the Rules and guidance to his case on the ...
15th May 2018Sponsor guidance protects college from unlawful Home Office sanctions
In the High Court last month, Mrs Justice Moulder found that the Home Office had gathered partly unreliable intelligence in the course of an investigation into a college, breaching its right to peaceful enjoyment of its Tier 4 sponsor licence under Ar ...
31st January 2018No High Court help for company stripped of Tier 2 sponsor licence
The Secretary of State’s decision to revoke an IT consultancy’s Tier 2 sponsor licence was upheld before Christmas in R (Sri Prathinik Consulting Limited) v Secretary of State for the Home Department [2017] EWHC 3204 (Admin). A stream of case law ...
3rd January 2018