Supreme Court finds golden visa scheme unlawful
26 June 2023
No Comments
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
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
Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s
The government should think twice about re-introducing a points based immigration system after Brexit, and lower the minimum salary necessary to get a work visa,
The Tier 1 (Investor) visa allows foreign citizens to get permission to live in the UK in return for an investment of £2 million in
A right of residence in the UK can be purchased with a six-figure investment. Until a few years ago, the amount required was £1m. While
A new statement of changes to the Immigration Rules was published yesterday, 9 September 2019. This post will cover changes to work and student visa routes,
Boris Johnson announced seemingly sweeping changes to the UK immigration system for scientists on 8 August 2019. Behind the usual rhetoric about attracting the “brightest
The Tier 1 (Entrepreneur) visa route was closed in March 2019. At the same time, two new immigration routes — Innovator and Start-up — came
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
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
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
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 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
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
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.
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
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
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
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur)
In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa
The Home Secretary recently announced that the number of people who can be accepted under the Tier 1 (Exceptional Talent) immigration route would double, from 1,000
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview
Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that
A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for
A new report by Transparency International, Gold rush: Investment visas and corrupt capital flows into the UK, suggests that substantial amounts of corrupt wealth stolen from China
The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir &
The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death
Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the
A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income
The Exceptional Talent route attracted a lot of attention and comment when it was announced way back in November 2010. Questions were starting to be
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...
Immigration lawyers up and down the land leapt out of bed this Monday morning, eager to glut out on the promised detail of the UK’s new points-based immigration system. How disappointed we all are. The snappily titled UK’s Points-Based Immigration System — Further Details may look glossy, but the 130-page...
The government should think twice about re-introducing a points based immigration system after Brexit, and lower the minimum salary necessary to get a work visa, the Migration Advisory Committee (MAC) has recommended. In a report published today, the MAC says that the existing Tier 2 (General) work visa system should...
A right of residence in the UK can be purchased with a six-figure investment. Until a few years ago, the amount required was £1m. While new investment visas can no longer be obtained at that price — the minimum investment has doubled — existing holders of a Tier 1 (Investor)...
A new statement of changes to the Immigration Rules was published yesterday, 9 September 2019. This post will cover changes to work and student visa routes, while a separate post deals with changes to the EU Settlement Scheme and other changes brought about by Brexit. Except where indicated otherwise, these changes...
Boris Johnson announced seemingly sweeping changes to the UK immigration system for scientists on 8 August 2019. Behind the usual rhetoric about attracting the “brightest and the best”, the reality is a lot less dramatic and potentially a lot less meaningful for the future of science in the UK. If...
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...
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...
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...
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...
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...
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...
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...
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 summarised the various changes being introduced in a previous post. Although a relatively small part of a fairly lengthy statement...
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, although some only apply to applications made after that date. As always, practitioners are encouraged to read the new rules...
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 one part of the announcement, it will replace the Tier 1 (Graduate Entrepreneur) route from spring 2019, although another part...
Back in January, we wrote about the case of Dr Syed Kazmi, a foreign doctor due to be removed from the UK because of a “HMRC tax issue” disqualifying him from settlement. Since then, many more refusals of settlement applications by highly skilled migrants — declined because of discrepancies between...
On 1 March the Court of Appeal looked at Article 8 of the European Convention on Human Rights in the context of a Tier 1 (Entrepreneur) appeal. Although the appeal was dismissed, the court confirmed that running a business may amount to private life for the purposes of Article 8....
In the midst of an “NHS crisis”, with two in three hospitals said to have a shortage of doctors, immigration laws appear to be making the situation worse. Last week iNews reported that dozens of medics with offers to work in the NHS had their visa applications refused. Even more...
Today’s decision in Anwar v Secretary of State for the Home Department [2017] EWCA Civ 2134 confirms that if the Home Office wishes to impose visa conditions, it must give people written notice of those conditions. If the Home Office fails to do this, or is unable to produce evidence...
The Home Secretary recently announced that the number of people who can be accepted under the Tier 1 (Exceptional Talent) immigration route would double, from 1,000 to 2,000 each year. The exceptional talent visa regime does exactly what it says on the tin, providing a route for recognised or emerging...
Nadeem Anjum applied for a Tier 1 (Entrepreneur) visa in early 2015. It was refused. The Entry Clearance Officer took the view, following an interview with Mr Anjum, that he was not a “genuine entrepreneur”. Since rights of appeal against Points Based System applications were removed, judicial consideration of the...
Businesses large and small are the backbone of our economies, and enterprise is the engine of our prosperity. That is why Britain is – and will always be – open for business: open to investment in our companies, infrastructure, universities and entrepreneurs. – Theresa May, Davos, January 2017 Entrepreneurs are...
In yet another case highlighting the absurdly hostile, bureaucratic and inflexible nature of the UK’s Points Based System the Court of Appeal has held that a Tier 1 Entrepreneur might benefit from a policy on evidential flexibility that was “much broader” than the rules themselves. The case is SH (Pakistan)...
A few snippets from a recent debate in the House of Lords. An amendment to the current Immigration Bill currently wending its way through Parliament was tabled which would close the Tier 1 Investor route. This type of visa is obtained by making an investment of at least £2 million...
Major changes to the Immigration Rules affecting refugees, Tiers 1, 2 and 5, EEA nationals sponsoring family members under the Immigration Rules, visitors, applications for Administrative Review and knowledge of language and life tests are being introduced with effect from tomorrow, 12 November 2015. The changes are wrought by Statement...
A new report by Transparency International, Gold rush: Investment visas and corrupt capital flows into the UK, suggests that substantial amounts of corrupt wealth stolen from China and Russia are “highly likely” to have been laundered into the UK through the UK’s Tier 1 Investor “golden visa” programme. The report...
The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case...
The case of Ahmed and Another (PBS: admissible evidence) [2014] UKUT 365 (IAC) concerns the ‘genuineness’ test that was introduced for entrepreneur applications as the final death knell for the original concept of the Points Based System as a tool for objective decision making. On appeal, the tribunal holds that s.85A of the Nationality,...
Official headnote: The requirement to prove the existence of “contracts” in paragraph 41-SD of Appendix A to the immigration rules does not itself require the contracts in question to be contained in documents. There is, however, a need for such contracts to be evidenced in documentary form. The Home Office...
A plethora of immigration tweaks were announced yesterday, mainly of a technical nature. There is still no sign of the introduction of a minimum income level nor the ending of Tier 2 settlement applications. It is beginning to seem likely that these will be announced at short notice, probably to...
The Exceptional Talent route attracted a lot of attention and comment when it was announced way back in November 2010. Questions were starting to be asked about what had happened to it and whether arts and science organisations were really willing to be the determinants of who is a suitably...
