The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for
The immigration rules permit a parent living overseas, who has British or settled children living in the UK, to apply for a visa to come
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
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend
The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot
A visit visa allows a person to visit the United Kingdom on a temporary basis, usually for up to six months at a time. As
Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There
All successful applications for asylum or humanitarian protection in the UK result in the grant of five years leave to remain, on what is known
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
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
A few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of sweeping changes to the Ukraine
As trailed previously, a statement of changes has been published today removing the rights of care workers to bring dependants to the UK. What was
Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of
On 7 December 2023, the Government announced changes to the immigration rules relating to visitors with a new statement of changes. In short, the changes
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
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
On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is
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,
This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach
Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We
In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what
A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion.
Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. In
…some parts of the rules relating to the EU Settlement Scheme are so difficult to comprehend that it is at least arguable that they lack
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also
Last week the Supreme Court found that a financing scheme to help individuals qualify for an Investor visa did not comply with the requirements of
On 1 December 2020, the Grounds for Refusal in Part 9 of the immigration rules were amended, providing the Home Office with a wider scope
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the
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
The immigration rules are full of harsh general rules accompanied by potential exceptions. These exceptions require a subjective judgment to be made and they make
Last month, two new visa concessions were added to the Hong Kong British Nationals (overseas) (BN(O)) route. You can read about them in more detail in
The Innovator Founder visa route was launched on 13 April 2023, designed for entrepreneurs looking to establish an innovative, viable, and scalable business in the
The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not
The adult dependent relative rules have been buried in Appendix FM since their inception on 9 July 2012. From 1 June 2023, they have been
Yesterday’s Spring Budget 2023 announced upcoming changes to the business visitor visa requirements and the addition of construction workers to the Shortage Occupation List. Additional
The UK continues to play host to industrial action with the latest strike action announced this week being opted for by Junior Doctors and currently
The autumn statement of changes HC 217 has been published, accompanied by a written statement from Seema Malhotra MP, the Parliamentary Under-Secretary of State for Migration and Citizenship. The errors we covered last week in relation to skilled worker going rates are being corrected from 8 October 2024 and we...
The immigration rules permit a parent living overseas, who has British or settled children living in the UK, to apply for a visa to come to live with them. In this post we will consider the requirements that a parent applying for a visa in this category must meet in...
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...
A challenge to the lack of legal aid for young people who have turned 18 since first claiming asylum to have a legal representative attend their asylum interview has been dismissed by the High Court. The case is R (Alhasan) v Director of Legal Aid Casework & Anor [2024] EWHC...
The change to the immigration rules on 11 April 2024 regarding how absences would be calculated in the long residence route initially caused a lot of confusion because the drafting of the new rules was ambiguous, yet the updated guidance seemed to suggest that the 548 day limit no longer...
A visit visa allows a person to visit the United Kingdom on a temporary basis, usually for up to six months at a time. As is typical of many sections of the immigration rules, the rules for visitors are complex and spread across several different appendices. The rules are also...
Immigration and nationality law as it relates to international adoption is undoubtedly complex and a topic with which only a few practitioners are familiar. There are numerically very few international adoption cases, after all. The inevitable cross over with family law does not make it any easier. This blog post...
All successful applications for asylum or humanitarian protection in the UK result in the grant of five years leave to remain, on what is known as a “protection route”. People granted leave on a protection route are then eligible to apply for settlement on completion of those five years. Their...
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...
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,...
A few days before the two-year anniversary of the full-scale invasion of Ukraine, the UK government announced a series of sweeping changes to the Ukraine schemes, giving just four hours’ notice of their implementation. Among the most significant changes are the closure of the Ukraine Family Scheme, and a new...
As trailed previously, a statement of changes has been published today removing the rights of care workers to bring dependants to the UK. What was not mentioned in advance was that this statement of changes would also close the Ukraine Family Scheme with immediate effect (from 3pm 19 February 2024),...
Since 31 January 2024, victims of transnational marriage abandonment can apply for a visa to return to the UK. This follows the landmark case of R on the application of AM v Secretary of State for the Home Department [2022] EWHC 2591 (Admin). This post looks at how to make...
On 7 December 2023, the Government announced changes to the immigration rules relating to visitors with a new statement of changes. In short, the changes have created some flexibility to the permitted work-related activities that visitors can undertake and are primarily aimed at those conducting business in the UK. While...
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....
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...
On 21 December 2023 the Immigration Minister published a letter setting out a concession for people who wish to make an application to the Hong Kong British National (Overseas) route but who are currently in the UK without permission. A formal Ministerial Authorisation under the Equality Act 2010 has also...
As anyone who has ever battled the Home Office over whether a client has “sole responsibility” over a child’s upbringing or whether their exclusion is otherwise undesirable will know, this requirement is antiquated, outdated and causes a lot of unnecessary stress and hassle while separating children from their parents. Paragraph...
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...
This week, the Supreme Court brought us the (hopefully) final instalment of the long residence cases, R (Afzal) v Secretary of State for the Home Department [2023] UKSC 46. Immigration lawyers have followed the long series in this line of cases the way we followed Game of Thrones: they both...
The “sole responsibility” immigration test comes into play where one of the parents of a child is relocating to the United Kingdom and one parent remains abroad. The United Kingdom’s immigration rules effectively presume that a child should remain outside the country with the other parent, unless the parent moving...
The Home Office has changed the immigration rules and the guidance on making applications to the EU Settlement Scheme, taking a far more restrictive approach to late applications than has been the case previously. The Office of the Immigration Services Commissioner (OISC) has updated its guidance to reflect these changes...
Our September roundup is here, featuring the latest statement of changes and new parts of the Illegal Migration Act 2023 being brought into force. We also discuss the Brook House inquiry, the Rwanda litigation, new immigration fees and illegal working fines and have an impromptu book club. If you listen...
In this article we look at how foreign eSports (competitive video gaming) competitors can use the visitor route to participate in UK competitions and what the rules say about earning prize money. We also look at options for gamers looking to apply their trade in the UK on a long-term...
A new statement of changes has been published along with the explanatory memorandum and a written statement from the immigration minister. The biggest change is the removal of administrative review from decisions made under the EU Settlement Scheme. Many of the changes are minor technical or drafting changes. It is...
This post is intended for refugees (including those with humanitarian protection), their families and their friends trying to understand the rules on refugee family reunion. The requirements to be met are fairly straightforward and simple for children and partners who existed at the time the refugee fled their country of origin. These...
Adult dependent relative visas have one of the highest refusal rates of all immigration routes. Between 2017 and 2020, 96% of applications were refused. In this article I look at why these applications often go wrong and what you can do to try make them go right. This is not...
…some parts of the rules relating to the EU Settlement Scheme are so difficult to comprehend that it is at least arguable that they lack the clarity of law. An aspect of the definition of a ‘durable partner’ contained in Annex 1 of Appendix EU (definitions) is one such example. ...
On 17 July 2023, a new statement of changes to the Immigration Rules was published. As usual, it is accompanied by an Explanatory Memorandum. Also as usual, it is largely concerned with cracking down on those perceived as abusing immigration law. There are, though, one or two positive changes. Asylum...
Last week the Supreme Court found that a financing scheme to help individuals qualify for an Investor visa did not comply with the requirements of the immigration rules. The case is R (on the application of Wang) v Secretary of State for the Home Department [2023] UKSC 21 and the...
On 1 December 2020, the Grounds for Refusal in Part 9 of the immigration rules were amended, providing the Home Office with a wider scope to refuse permission applications and cancel existing permission. They include stricter mandatory grounds of refusal which, when applicable, require that applications for permission “must be...
Following the abolition of the “not in accordance with the immigration rules” ground of appeal by the Immigration Act 2014, several cases have considered the relevance of the immigration rules in human rights appeals. The Upper Tribunal has neatly encapsulated the current position in a recent case, Caguitla (Paragraphs 197...
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 independent professional based overseas. The service performed must be covered by one of...
The immigration rules are full of harsh general rules accompanied by potential exceptions. These exceptions require a subjective judgment to be made and they make the rules complex. They also manufacture risk for applicants, making the outcome of immigration applications hard to predict. Unpredictability, combined with the high financial and...
Last month, two new visa concessions were added to the Hong Kong British Nationals (overseas) (BN(O)) route. You can read about them in more detail in the Home Office guidance. Leave outside the rules where financial or residency requirements cannot be met The second amendment extends the concession that enables...
The Innovator Founder visa route was launched on 13 April 2023, designed for entrepreneurs looking to establish an innovative, viable, and scalable business in the UK. In line with the government’s wider ‘UK Innovation Strategy‘, this new route replaces the “Innovator” and “Start Up” routes, with the aim of providing...
The Court of Appeal has re-affirmed that the domestic violence provisions in the immigration rules are restricted to certain categories of partners and is not open to partners of Points Based System dependants, even if they have in fact suffered domestic abuse. The case is SWP v Secretary of State...
The adult dependent relative rules have been buried in Appendix FM since their inception on 9 July 2012. From 1 June 2023, they have been transposed into their own standalone Appendix Adult Dependent Relative. The new appendix was announced in the 9 March 2023 Statement of Changes to the Immigration...
Yesterday’s Spring Budget 2023 announced upcoming changes to the business visitor visa requirements and the addition of construction workers to the Shortage Occupation List. Additional language support for Ukraine Visa Scheme holders was also announced. Business visitor visa The changes expected in autumn 2023 will include expanding the range of...
The UK continues to play host to industrial action with the latest strike action announced this week being opted for by Junior Doctors and currently set for March 2023. For many, negotiated settlements continue to be some way off and further strikes are anticipated in the coming months. UK visa...
